OSHA shall investigate and gather data concerning the case as it deems appropriate.
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
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 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.