[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1903.12]

[Page 33]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1903_INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents
 
Sec. 1903.12  Inspection not warranted; informal review.

    (a) If the Area Director determines that an inspection is not 
warranted because there are no reasonable grounds to believe that a 
violation or danger exists with respect to a complaint under Sec. 
1903.11, he shall notify the complaining party in writing of such 
determination. The complaining party may obtain review of such 
determination by submitting a written statement of position with the 
Assistant Regional Director and, at the same time, providing the 
employer with a copy of such statement by certified mail. The employer 
may submit an opposing written statement of position with the Assistant 
Regional Director and, at the same time, provide the complaining party 
with a copy of such statement by certified mail. Upon the request of the 
complaining party or the employer, the Assistant Regional Director, at 
his discretion, may hold an informal conference in which the complaining 
party and the employer may orally present their views. After considering 
all written and oral views presented, the Assistant Regional Director 
shall affirm, modify, or reverse the determination of the Area Director 
and furnish the complaining party and the employer and written 
notification of this decision and the reasons therefor. The decision of 
the Assistant Regional Director shall be final and not subject to 
further review.
    (b) If the Area Director determines that an inspection is not 
warranted because the requirements of Sec. 1903.11(a) have not been 
met, he shall notify the complaining party in writing of such 
determination. Such determination shall be without prejudice to the 
filing of a new complaint meeting the requirements of Sec. 1903.11(a).