[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1978.103]

[Page 205]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1978--RULES FOR IMPLEMENTING SECTION 405 OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA)--Table of Contents
 
                      Subpart B--Rules of Procedure
 
Sec. 1978.103  Investigation.

    (a) OSHA shall investigate and gather data concerning the case as it 
deems appropriate.
    (b) Within twenty days of his or her receipt of the complaint the 
named person may submit to OSHA a written statement and any affidavits 
or documents explaining or defending his or her position. Within the 
same twenty days the named person may request a meeting with OSHA to 
present his or her position. The meeting will be held before the 
issuance of any findings or preliminary order. At the meeting the named 
person may be accompanied by counsel and by any persons with information 
relating to the complaint, who may make statements concerning the case. 
At such meeting OSHA may present additional allegations of violations 
which may have been discovered in the course of its investigation.
    (c) If, on the basis of information gathered under paragraphs (a) 
and (b) of this section, OSHA has reasonable cause to believe that the 
named person has violated the Act and that temporary reinstatement is 
warranted, prior to the issuance of findings and preliminary order as 
provided for in Sec. 1978.104, OSHA shall again contact the named person 
to give him or her notice of the substance of the relevant evidence 
supporting the complainant's allegations as developed during the course 
of the investigation. The named person shall be given the opportunity to 
submit a written response, to meet with the investigators and to present 
statements from rebuttal witnesses. The named person shall present this 
rebuttal evidence within five days of OSHA's notification pursuant to 
this subsection, or as soon thereafter as OSHA and the named person can 
agree, if the interests of justice so require.