U.S. Department of Labor | ||||||
Occupational Safety & Health Administration |
OSHA: Employee Workplace Rights
U.S. Department of Labor Elaine L. Chao, Secretary Occupational Safety and Health Administration John L. Henshaw, Assistant Secretary OSHA 3021-08R 2003 This informational booklet provides a general overview of a particular topic related to OSHA standards. It does not alter or determine compliance responsibilities in OSHA standards or the Occupational Safety and Health Act of 1970. Because interpretations and enforcement policy may change over time, you should consult current OSHA administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the Courts for additional guidance on OSHA compliance requirements. This publication is in the public domain and may be reproduced, fully or partially, without permission. Source credit is requested but not required. This information is available to sensory impaired individuals upon request. Voice phone: (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627. Introduction Worker Rights Under the OSH Act Worker Rights to Information Worker Rights to Access Records and Test Results Worker Rights to Promote Workplace Safety Worker Rights During the Inspection Process Worker Rights to Protection from Retaliation Worker Rights in State-Plan States Worker Responsibilities OSHA Assistance, Services, and Programs OSHA Regional Office Directory The Occupational Safety and Health (OSH) Act of 1970 created the Occupational Safety and Health Administration (OSHA) within the Department of Labor and encouraged employers and employees to reduce workplace hazards and to implement safety and health programs. The Act gave employees many new rights and responsibilities. This booklet discusses these rights and responsibilities and encourages employees to work cooperatively with employers to promote safe and healthful workplaces that add value to everyone: businesses, workplaces, and workers' lives. The law encourages workers to be active players in their workplace's safety and health effort. It gives employees the right to
Employer responsibilities Employers have a legal obligation to inform employees of OSHA safety and health standards that apply to their workplace. Upon request, the employer must make available copies of those standards and the OSH Act. The employer also must prominently display the official OSHA poster that describes rights and responsibilities under the OSH Act. Protecting employees who work with hazardous materials Employers must establish a written, comprehensive hazard communication program to ensure that employees who work with or near hazardous materials are informed of the hazards and provided proper protection. A hazard communication program includes provisions for container labeling, material safety data sheets, and an employee training program. The program must include
Some employers may not be able to comply fully with a new safety and health standard in the time provided due to shortages of personnel, materials, or equipment. In these situations, employers may apply to OSHA for a temporary variance from the standard. In other cases, employers may prefer to use methods or equipment that differ from those prescribed by OSHA, but which the employer believes are equal to or better than OSHA's requirements. In these cases, the employer may seek a permanent variance for the alternative approach. The employer's application for a permanent or temporary variance must include certification that
Access to exposure and medical records Employers must inform employees of the existence, location, and availability of their medical and exposure records when they begin employment and then at least annually. Employers also must provide these records to employees or their designated representatives upon request. Whenever an employer plans to stop doing business and there is no successor employer to receive and maintain these records, the employer must notify employees of their right of access to these records at least three months before closing the business. Right to observe monitoring procedures and see testing results OSHA standards require the employer to measure exposure to harmful substances. The employee (or employee representative) has the right to observe the testing and examine the records of the results. If the exposure levels are above the limit set by an OSHA standard, the employer must tell employees what will be done to reduce the exposure. During an OSHA inspection, an OSHA industrial hygienist may conduct exposure tests if health hazards may be present in the workplace. The inspector may take samples to measure levels of dust, noise, fumes, or other hazardous materials. OSHA will inform the employee or employee representative who participates in the inspection as to whether the employer is in compliance with OSHA standards. The inspector also will gather detailed information about the employer's efforts to control health hazards, including results of tests the employer may have conducted. Right to review injury and illness records An employer with more than 10 employees must maintain records of all work-related injuries and illnesses, and the employees or their representative have the right to review those records. Some industries with very low injury rates are exempt from these recordkeeping requirements. Working cooperatively to reduce hazards OSHA encourages employers and employees to work together to reduce hazards. Employees should discuss safety and health problems with the employer, other workers, and, if a labor union exists, union representatives. The OSHA area office can provide information on OSHA requirements. If the worksite is in a state with its own OSHA-approved occupational safety and health program, the state can provide similar information. (See page 16 for more information about state programs.) Right to refuse to perform unsafe work Although nothing in the OSHA law specifically gives an employee the right to refuse to perform an unsafe or unhealthful job assignment, OSHA's regulations, which have been upheld by the U.S. Supreme Court, provide that an employee may refuse to work when faced with an imminent danger of death or serious injury. The conditions necessary to justify a work refusal are very stringent, however, and a work refusal should be taken only as a last resort. If time permits, the employee should report the unhealthful or unsafe condition to OSHA or another appropriate regulatory agency. Recourse if the employer does not correct a hazard An employee may file a complaint by phone, mail, email, or fax with the nearest OSHA office and request an inspection if there are unsafe or unhealthful working conditions. When doing so, the employee request that OSHA not reveal his or her name. If the OSHA area or state office determines that there are reasonable grounds for believing that a violation or danger exists, the office will investigate. To file a complaint, call (800) 321-OSHA (6742); contact the nearest OSHA regional, areas, state plan, or consultation office; or file on online complaint at www.osha.gov. The teletypewriter (TTY) number is (877) 889-5627. Right to representation The OSH Act gives employees or a workers' representative the right to accompany an OSHA compliance officer (also referred to as a compliance safety and health officer, CSHO, or inspector) during an inspection. The labor union, if one exists, or the employees must choose the representative. Under no circumstances may the employer choose the workers' representative. If more than one union represents the employees, each union may choose a representative. Normally, union representatives will accompany the inspector in the areas of the facility where their members work. An OSHA inspector may conduct a comprehensive inspection of the entire workplace or a partial inspection limited to certain areas or aspects of the operation. Right to help the compliance officer Workers have a right to talk privately to the compliance officer on a confidential basis, whether or not a workers' representative has been chosen. Workers are encouraged to
At the end of the inspection, the OSHA inspector will meet with the employer and the employee representatives in a closing conference to discuss how any hazards that may have been found will be abated. If it is not practical to hold a joint conference, the compliance officer will hold separate conferences. OSHA will provide written summaries, on request. How to challenge the abatement period Whether or not the employer accepts OSHA's findings, the employee (or representative) has the right to contest the time OSHA allows for correcting a hazard. This contest must be filed in writing with the OSHA area director within 15 working days after the citation is issued. The Occupational Safety and Health Review Commission, an independent agency that is not part of the Department of Labor, will decide whether to change the abatement period. Right to information if no inspection is conducted or no citation issued The OSHA area director evaluates complaints from employees or their representatives and decides whether they are valid. If the area director decides not to inspect the workplace, he or she will send a certified letter to the complainant explaining the decision and the reasons for it. OSHA will inform complainants that they have the right to request further clarification of the decision from the OSHA area director. If still dissatisfied, they can appeal to the OSHA regional administrator for an informal review. Similarly, in the event that OSHA decides not to issue a citation after an inspection, employees have a right to further clarification from the area director and an informal review by the regional administrator. Right to confidentiality Employees who make a complaint to OSHA about safety and health hazards in their workplaces have a right to confidentiality. If the employee requests that his or her name not be used, OSHA will not tell the employer who filed the complaint or requested an inspection. Whistleblower protections Employees have a right to seek safety and health on the job without fear of punishment. That right is spelled out in Section 11(c) of the OSH Act. The law forbids the employer from punishing or discriminating against employees for exercising such rights as
Workers who believe they have been punished for exercising safety and health rights must contact the nearest OSHA office within 30 days of the time they learn of the alleged discrimination. A representative of the employee's choosing can file the complaint for the worker. Following a complaint, OSHA will contact the complainant and conduct an in-depth interview to determine whether an investigation is necessary. If the evidence shows that the employee has been punished for exercising safety and health rights, OSHA will ask the employer to restore that worker's job, earnings, and benefits. If the employer refuses, OSHA may take the employer to court. In such cases, a Department of Labor attorney will represent the employee to obtain this relief. Additional whistleblower protections Since passage of the OSH Act in 1970, Congress has expanded OSHA's whistleblower protection authority to protect workers from discrimination under 13 additional federal statutes. The agency's investigators receive about 2,000 complaints a year from employees who charge their employer with retaliation. Complaints must be reported to OSHA within set timeframes following the discriminatory action, as prescribed by each law. These statutes, and the number of days employees have to file a complaint, are
States that assume responsibility for their own occupational safety and health programs must have provisions at least as effective as Federal OSHA's, including the protection of employee rights. Any interested person or group, including employees, with a complaint concerning the operation or administration of a state plan may submit a complaint to the appropriate OSHA regional administrator. (See contact lists at the end of this booklet.) The OSHA regional administrator will investigate the complaints and inform the state and the complainant of these findings. When appropriate, OSHA will recommend corrective action. Although OSHA does not cite employees for violations, the OSH Act requires that each employee "shall comply with all occupational safety and health standards and all rules, regulations, and orders issued under the Act" that are applicable. Each employee should
OSHA can provide extensive help through a variety of programs, including assistance about safety and health programs, state plans, workplace consultations, voluntary protection programs, strategic partnerships, alliances, and training and education. An overall commitment to workplace safety and health can add value to your business, your workplace, and your life. Establishing a safety and health management system Working in a safe and healthful environment can stimulate innovation and creativity and result in increased performance and higher productivity. The key to a safe and healthful work environment is a comprehensive safety and health management system. OSHA has electronic compliance assistance tools, or eTools, on its website that walks users through the steps required to develop a comprehensive safety and health program. The eTools are posted at www.osha.gov, and are based on guidelines that identify four general elements critical to a successful safety and health management system:
The Occupational Safety and Health Act of 1970 (OSH Act) encourages states to develop and operate their own job safety and health plans. OSHA approves and monitors these plans and funds up to 50 percent of each program's operating costs. State plans must provide standards and enforcement programs, as well as voluntary compliance activities, that are at least as effective as federal OSHA's. Currently, 26 states and territories have their own plans. Twenty-three cover both private and public (state and local government) employees and three states, Connecticut, New Jersey, and New York, cover only the public sector. For more information on state plans, visit www.osha.gov. Consultation assistance Consultation assistance is available on request to employers who want help establishing and maintaining a safe and healthful workplace. Funded largely by OSHA, the service is provided at no cost to small employers and is delivered by state authorities through professional safety and health consultants. Safety and Health Achievement Recognition Program Under the consultation program, certain exemplary employers may request participation in OSHA's Safety and Health Achievement Recognition Program (SHARP). Eligibility for participation includes, but is not limited to, receiving a full-service, comprehensive consultation visit, correcting all identified hazards, and developing an effective safety and health management system. Employers accepted into SHARP may receive an exemption from programmed inspections (not complaint or accident investigation inspections) for 1 year initially, or 2 years upon renewal. For more information about consultation assistance, visit www.osha.gov. Voluntary Protection Programs Voluntary Protection Programs (VPP) are designed to recognize outstanding achievements by companies that have developed and implemented effective safety and health management programs. There are three VPP programs: Star, Merit, and Demonstration. All are designed to
Additional information on VPP is available from OSHA regional offices listed at the end of this booklet. Also, see "Cooperative Programs" on OSHA's website. Cooperative partnerships OSHA has learned firsthand that voluntary, cooperative partnerships with employers, employees, and unions can be a useful alternative to traditional enforcement and an effective way to reduce worker deaths, injuries, and illnesses. This is especially true when a partnership leads to the development and implementation of a comprehensive workplace safety and health management system. Alliance program Alliances enable organizations committed to workplace safety and health to collaborate with OSHA to prevent injuries and illnesses in the workplace. OSHA and its allies work together to reach out to, educate, and lead the nation's employers and their employees in improving and advancing workplace safety and health. Alliances are open to all, including trade or professional organizations, businesses, labor organizations, educational institutions, and government agencies. In some cases, organizations may be building on existing relationships with OSHA through other cooperative programs. There are few formal program requirements for Alliances, which are less structured than other cooperative agreements, and the agreements do not include an enforcement component. However, OSHA and the participating organizations must define, implement, and meet a set of short- and long-term goals that fall into three categories: training and education; outreach and communication; and promotion of the national dialogue on workplace safety and health. Strategic Partnership Program OSHA Strategic Partnerships are agreements among labor, management, and government to improve workplace safety and health. These partnerships encourage, assist, and recognize the efforts of the partners to eliminate serious workplace hazards and achieve a high level of worker safety and health. Whereas OSHA's Consultation Program and VPP entail one-on-one relationships between OSHA and individual worksites, most strategic partnerships build cooperative relationships with groups of employers and employees. For more information about this program, contact your nearest OSHA office or visit our website. Occupational safety and health training The OSHA Training Institute in Arlington Heights, Ill., provides basic and advanced training and education in safety and health for federal and state compliance officers, state consultants, other federal agency personnel, and private-sector employers, employees, and their representatives. In addition, 20 OSHA Training Institute Education Centers at 35 locations throughout the United States deliver courses on OSHA standards and occupational safety and health issues to thousands of students a year. Training grants OSHA awards grants to nonprofit organizations to provide safety and health training and education to employers and workers in the workplace. Grants often focus on high-risk activities or hazards or may help nonprofit organizations in training, education, and outreach. OSHA expects each grantee to develop a program that addresses a safety and health topic named by OSHA, recruit workers and employers for the training, and conduct the training. Grantees are also expected to follow up with students to find out how they applied the training in their workplaces. For more information on training or grants, contact OSHA Office of Training and Education, 2020 Arlington Heights Rd., Arlington Heights, IL 60005; or call (847) 297-4810. Other assistance materials OSHA has a variety of materials and tools on its website at www.osha.gov. These include eTools such as Expert Advisors and Electronic Compliance Assistance Tools, information on specific health and safety topics, regulations, directives, publications, videos, and other information for employers and employees. OSHA also has an extensive publications program. For a list of items, visit OSHA's website at www.osha.gov or contact the OSHA Publications Office, U.S. Department of Labor, 200 Constitution Avenue, NW, N-3101, Washington, DC 20210. Telephone (202) 693-1888 or fax to (202) 693-2498. In addition, OSHA's CD-ROM includes standards, interpretations, directives, and more. It is available for sale from the U.S. Government Printing Office. To order, write to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or phone (202) 512-1800. To contact OSHA To report an emergency, file a complaint, or seek OSHA advice, assistance, or products, call (800) 321-OSHA (6742) or contact your nearest OSHA regional office listed at the end of this publication. The teletypewriter (TTY) number is (877) 889-5627. Employees can also file a complaint online and get more information on OSHA federal and state programs by visiting OSHA's website at www.osha.gov. Region I (CT,* ME, MA, NH, RI, VT*) Boston, MA 02203 (617) 565-9860 Region II (NJ,* NY,* PR,* VI*) 201 Varick Street, Room 670 New York, NY 10014 (212) 337-2378 Region III (DE, DC, MD,* PA,* VA,* WV) The Curtis Center 170 S. Independence Mall West Suite 740 West Philadelphia, PA 19106-3309 (215) 861-4900 Region IV (AL, FL, GA, KY,* MS, NC,* SC,* TN*) Atlanta Federal Center 61 Forsyth Street SW, Room 6T50 Atlanta, GA 30303 (404) 562-2300 Region V (IL, IN,* MI,* MN,* OH, WI) 230 South Dearborn Street, Room 3244 Chicago, IL 60604 (312) 353-2220 Region VI (AR, LA, NM,* OK, TX) 525 Griffin Street, Room 602 Dallas, TX 75202 (214) 767-4731 or 4736 x224 Region VII (IA,* KS, MO, NE) City Center Square 1100 Main Street, Suite 800 Kansas City, MO 64105 (816) 426-5861 Region VIII (CO, MT, ND, SD, UT,* WY*) 1999 Broadway, Suite 1690 PO Box 46550 Denver, CO 80202-5716 (303) 844-1600 Region IX (American Samoa, AZ,* CA,* HI, NV,* Northern Mariana Islands) 71 Stevenson Street, Room 420 San Francisco, CA 94105 (415) 975-4310 Region X (AK,* ID, OR,* WA*) 1111 Third Avenue, Suite 715 Seattle, WA 98101-3212 (206) 553-5930 *These states and territories operate their own OSHAapproved job safety and health programs. (Connecticut, New Jersey, and New York plans cover public employees only.) States with approved programs must have a standard that is identical to, or at least as effective as, the federal standard. Note: To get contact information for OSHA area offices, OSHA-approved state plans, and OSHA consultation projects, visit www.osha.gov or call (800) 321-OSHA (6742). |
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Page last updated: 08/26/2005 |