After referral to the employee’s supervisor and:
- A reasonable time to correct the matter has elapsed
- The matter has not been resolved
- The employee or their Authorized Employee Representative (AER) believes the serious violation or imminent danger still exists
The employee or their AER may request an inspection by giving notice to the Department of Labor (DOL) Commissioner of the alleged violation.
The notice to the DOL Commissioner must:
- Be in writing
- Describe in detail the reason for the notice
- Must be signed by the employee or their AER
The DOL Commissioner will provide a copy of the written notice to the agency before the DOL inspection. The employee or AER may request that their name(s) be withheld from the agency’s copy.
The DOL inspection:
- Will take place at the workplace location where the alleged violation occurred
- Does not have to be limited to the alleged violation
- May include other areas of the location if there is reason to believe that a serious violation exists
- May include other workplace locations of the agency if there is reason to believe that a serious violation exists
Copyright 2015
New York State Governor's Office of Employee Relations
New York State Department of State
Human Resources Management Training & Development