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Employer Responsibilities and
Employee Rights and
Responsibilities
Employer Responsibilities
Each employer is responsible for the safety and health of its employees
and for providing a safe and healthful workplace for its employees.
Employers are required to protect employees from the anticipated hazards associated with the
response and recovery operations that employees are likely to conduct.
As part of this effort, employers should evaluate each task and operation, identify the hazards
associated with it, and establish the exposure controls necessary
to adequately protect employees. Employers may accomplish this by
developing a Job Hazard Analysis (JHA) for each task that employees
will conduct and establishing associated safety and health procedures
and protocols that protect employees from the hazards identified.
In developing their JHAs, employers should involve a team—ideally composed of safety and health professionals,
the employees, and their supervisors—familiar with the work to
be completed and the hazards associated with that work. Employers
using this Matrix should share it with their employees.
Employers are also responsible for maintaining logs and supplemental
documentation for all recordable injury and illness cases when required
by OSHA/State Plan Recordkeeping regulations. The OSHA Act and OSHA standards and regulations also include reporting requirements. For example, employers must report any fatal accident or one that results in the hospitalization of three or more employees to the nearest OSHA office within 8 hours. (See 29 CFR 1904.39 and OSHA Regional and Area Offices.)
Each employer is also responsible for preserving,
maintaining, and providing employees with access to employee exposure
and medical records in accordance with 29 CFR 1910.1020. Employers
must tell employees and their representative where the records collected
under this and other applicable standards (e.g., OSHA’s comprehensive
lead in construction standard 29 CFR 1926.62) will be located,
how the data in the records will be communicated to employees, how
the records will be maintained, and how to access the records.
Other Resources
Employee Rights and Responsibilities
Employees have a right to bring unsafe or unhealthful work conditions to their employers’ attention and have a right to file a complaint about these conditions with OSHA and OSHA-approved State Plan agencies without retaliation or discrimination.
Employees should follow work rules and safe practices established by their employers, and in particular should use assigned personal protective equipment as appropriately instructed.
An employee should immediately notify his or her supervisor of any hazard or any change in activities that creates new hazards.
Other Resources
Limitations and Disclaimer
The Matrix does not provide an in-depth analysis of OSHA standards and regulations and cannot address all hazards. It does not increase or diminish any OSHA requirements or employer obligation under those requirements. It is intended as a guide and quick reference for employers and response and recovery workers. The Matrix captures major activities involved in hurricane response and recovery, highlights many of the hazards associated with them, and recommends "best practices." Employers must evaluate the specific hazards associated with the job/operation at the site where the work is being performed.
Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.
The Hazard Exposure and Risk Assessment Matrix for Hurricane Response and Recovery Work provides a general overview of particular topics related to current OSHA standards. It does not alter or determine compliance responsibilities in OSHA standards or the Occupational Safety and Health Act of 1970, or the equivalent State Plan standards and requirements. Because interpretations and enforcement policy may change over time, you should consult current OSHA/State Plan administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the courts for additional guidance on OSHA compliance requirements. Employers should modify their procedures as appropriate when additional, relevant information becomes available.
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