(a) To facilitate the operation of the coordinated enforcement
procedures established at 29 CFR part 42, the State agency shall take
from MSFWs in writing non-JS related complaints which allege violations
of employment related laws enforced by ESA or OSHA. The official shall
immediately refer the complaint to ESA or OSHA for prompt action. The JS
official shall inform the MSFW of the enforcement agency (and the
individual if known) to which the complaint will be referred and refer
the complainant to other agencies, attorney, consumer advocate and/or
other assistance where appropriate.
(b) Upon receipt of all other non-JS related complaints, the JS
official shall refer the complainant to the appropriate enforcement
agency, another public agency, an attorney, a consumer advocate and/or
other appropriate assistance.
(c) For all non-JS-related complaints received pursuant to
paragraphs (a) and (b) of this section, the appropriate JS official
shall record the referral of the complainant and the complaint where
paragraph (a) is applicable, and the agency or agencies (and
individual(s), if known) to which the complainant and the complaint
where paragraph (a) is applicable, were referred on the complaint log
specified in Sec. 658.410(c)(1). The JS official shall also prepare and
keep the file specified in Sec. 658.410(c)(3) for the complaints filed
pursuant to paragraph (a) of this section.
