R 408.22338 Complaints by employees.

Rule 2338. (1) An employee or representative of employees, who believes that a violation of the act that threatens physical harm exists in a workplace where the employee is employed, may request an inspection or investigation of the workplace by giving notice of the alleged violation to the department. The notice must be reduced to writing, set forth with reasonable particularity the grounds for the notice, and be signed by the employee or representative of employees. A copy must be provided to the employer or the employer’s agent by the department or department representative no later than at the time of inspection or investigation, except that, upon the request of the person giving the notice, the person’s name and the names of individual employees referred to in the notice shall not appear in the copy or on a record published, released, or made available by the department. (2) If, on receipt of a notice described in subrule (1) of this rule, the department determines that the complaint meets the requirements set forth in subrule (1) of this rule, and that there are reasonable grounds to believe that the alleged violation exists, the department shall cause an inspection or investigation to be made as soon as practicable to determine if the alleged violation exists. Inspections or investigations under this rule need not be limited to matters referred to in the complaint. (3) If the department determines that an inspection or investigation is not warranted because the written complaint does not meet the provisions of subrule (1) of this rule, the department shall notify the complaining party, in writing, of the determination. The determination shall be without prejudice to the filing of a new complaint meeting the requirements of subrule (1) of this rule. (4) Before or during an inspection or investigation of a workplace, an employee or representative of employees employed in the workplace may notify the department representative, in writing, of a violation of the act, or of a rule promulgated under the act, which the employee or representative of employees has reason to believe exists in the workplace. A notice shall comply with the requirements of subrule (1) of this rule. (5) When an employee or a representative of employees believes that a condition exists which may present an imminent danger to an employee, the employee or representative of employees may notify the department in the most expedient manner without regard to a written notice. Upon notification of an alleged imminent danger, the department shall cause an immediate inspection to be made or take other action that it finds necessary to abate the danger as provided by R 408.22342. (6) If a citation is issued for a violation alleged in a request for inspection under subrule (1) of this rule or a notification of violation under subrule (4) of this rule, a copy of the citation issued must be sent to the employee or representative of employees who made such request or notification. (7) A person shall not discharge, or in any manner discriminate against, an employee because the employee filed a complaint or instituted, or caused to be instituted, a proceeding under, or regulated by, the act; or because the employee testified, or is about to testify, in any such proceeding; or because of the exercise by such employee, on behalf of himself or others, of any right afforded by the act.