You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or seriously harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The Act created the Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards. OSHA also provides information, training and assistance to workers and employers. Workers may file a complaint to have OSHA inspect their workplace if they believe that their employer is not following OSHA standards or that there are serious hazards.
Contact us if you have questions or want to file a complaint. We will keep your information confidential. We are here to help you.
Workers' Rights Booklet [PDF*]
Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to:
Most employees in the nation come under OSHA's jurisdiction. OSHA covers private sector employers and employees in all 50 states, the District of Columbia, and other U.S. jurisdictions either directly through Federal OSHA or through an OSHA-approved state program. State-run health and safety programs must be at least as effective as the Federal OSHA program. To find the contact information for the OSHA Federal or State Program office nearest you, see the Regional and Area Offices map.
State and Local Government WorkersEmployees who work for state and local governments are not covered by Federal OSHA, but have OSH Act protections if they work in a state that has an OSHA-approved state program. Four additional states and one U.S. territory have OSHA approved plans that cover public sector employees only. This includes: Connecticut, Illinois, New Jersey, New York, and the Virgin Islands. Private sector workers in these four states and the Virgin Islands are covered by Federal OSHA.
Federal Government WorkersFederal agencies must have a safety and health program that meet the same standards as private employers. Although OSHA does not fine federal agencies, it does monitor federal agencies and responds to workers' complaints. The United States Postal Service (USPS) is covered by OSHA.
Not covered by the OSH Act:OSHA standards are rules that describe the methods that employers must use to protect their employees from hazards. There are OSHA standards for Construction work, Agriculture, Maritime operations, and General Industry, which are the standards that apply to most worksites. These standards limit the amount of hazardous chemicals workers can be exposed to, require the use of certain safe practices and equipment, and require employers to monitor hazards and keep records of workplace injuries and illnesses. Examples of OSHA standards include requirements to: provide fall protection, prevent trenching cave ins, prevent some infectious diseases, assure that workers safely enter confined spaces, prevent exposure to harmful substances like asbestos, put guards on machines, provide respirators or other safety equipment, and provide training for certain dangerous jobs.
Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards. This clause is generally cited when no OSHA standard applies to the hazard.
Workers, or their representatives, may file a complaint and ask OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA standards. A worker can tell OSHA not to let their employer know who filed the complaint. It is a violation of the Act for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights.
You can file a complaint online; download the form [En Espanol*] and mail or fax it to the nearest OSHA office; or call 1-800-321-OSHA (6742). Most complaints sent in on line may be resolved informally over the phone with your employer. Written complaints that are signed by a worker or their representative and submitted to the closest OSHA office are more likely to result in an on-site OSHA inspection.
When the OSHA inspector arrives, workers and their representatives have the right to:
Where there is no union or employee representative, the OSHA inspector must talk confidentially with a reasonable number of workers during the course of the investigation.
When an inspector finds violations of OSHA standards or serious hazards, OSHA may issue citations and fines. A citation includes methods an employer may use to fix a problem and the date by when the corrective actions must be completed. Workers only have the right to challenge the deadline for when a problem must be resolved. Employers, on the other hand, have the right to contest whether there is a violation or any other part of the citation. Workers or their representatives must notify OSHA that they want to be involved in the appeals process if the employer challenges a citation.
If you send in a complaint requesting an OSHA inspection, you have the right to find out the results of the OSHA inspection and request a review if OSHA decides not to issue citations.
Employers have the responsibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all relevant OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires employers to try to eliminate or reduce hazards first by making changes in working conditions rather than just relying on masks, gloves, ear plugs or other types of personal protective equipment (PPE). Switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air are examples of effective ways to get rid of or minimize risks.
Employers MUST also:
As a worker in the United States, you have the right to report work-related injuries and illnesses.
Under OSHA law, your employer must develop a process for workers to report a workplace injury or illness and ensure that you are able to use this process. It is your employer's responsibility to guarantee that workplace practices do not discourage workers from reporting their injuries or illnesses.
If your employer does discriminate or retaliate against you for trying to report an injury or illness, you have the right to file a retaliation complaint with OSHA. You must file the complaint with OSHA within 30 days of the alleged reprisal.
The OSH Act protects workers who complain to their employer, OSHA or other government agencies about unsafe or unhealthful working conditions in the workplace. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right given to you under the OSH Act. Help is available from OSHA for whistleblowers.
If you have been punished or discriminated against for using your rights, you must file a complaint with OSHA within 30 days of the alleged reprisal for most complaints. No particular form is required to report the discrimination, but you may send a letter, call the OSHA Area Office nearest you, download and send a completed Notice of Whistleblower Complaint Form (OSHA 8-60.1), or file online using the Online Whistleblower Complaint Form.
If you believe working conditions are unsafe or unhealthful, we recommend that you bring the conditions to your employer's attention, if possible.
You may file a complaint with OSHA concerning a hazardous working condition at any time. However, you should not leave the worksite merely because you have filed a complaint. If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you have brought the condition to the attention of your employer, you may have a legal right to refuse to work in a situation in which you would be exposed to the hazard.
You can research your employer's inspection history through OSHA's Establishment Search. Type in the name of your company and choose the dates you want to cover.
What is the most commonly cited hazard in my industry?You'll need to know your employer's Standard Industrial Classification (SIC) Code. Once you know your four-digit code, visit OSHA's Frequently Cited OSHA Standards page, enter your SIC code and view the information for last year.
Does OSHA provide technical information on hazards?OSHA provides technical information to assist workers, employers, and safety and health professionals in reducing occupational injuries and illnesses. Find information on bloodborne pathogens, machine guarding, ergonomics or fall protection, for example.
What materials does OSHA have of interest to workers?OSHA publishes a variety of publications on a range of subjects. Some of the most useful publications for workers are listed below. See OSHA Publications for a complete listing of agency printed materials or to order publications online.
If you work in the following twenty-two states or territory, you are covered by a State run workplace safety and health agency:
Alaska Arizona California Hawaii Indiana Iowa Kentucky |
Maryland Michigan Minnesota Nevada New Mexico North Carolina Oregon |
South Carolina Tennessee Utah Vermont Virginia Washington Wyoming Puerto Rico |
Region I Boston Regional Office (CT,* ME, MA, NH, RI, VT*) JFK Federal Building, Room E340 Boston, MA 02203 (617) 565-9860 (617) 565-9827 FAX |
Region II New York Regional Office (NJ,* NY,* PR,* VI*) 201 Varick Street, Room 670 New York, NY 10014 (212) 337-2378 (212) 337-2371 FAX |
Region III Philadelphia Regional Office (DE, DC, MD,* PA, VA,* WV) The Curtis Center-Suite 740 West 170 S. Independence Mall West Philadelphia, PA 19106-3309 (215) 861-4900 (215) 861-4904 FAX |
Region IV Atlanta Regional Office (AL, FL, GA, KY,* MS, NC,* SC,* TN*) 61 Forsyth Street, SW Room 6T50 Atlanta, Georgia 30303 (678) 237-0400 (678) 237-0447 FAX |
Region V Chicago Regional Office (lL*, IN,* MI,* MN,* OH, WI) 230 South Dearborn Street, Room 3244 Chicago, Illinois 60604 (312) 353-2220 (312) 353-7774 FAX |
Region VI Dallas Regional Office (AR, LA, NM,* OK, TX) 525 Griffin Street, Suite 602 Dallas, Texas 75202 (972) 850-4145 (972) 850-4149 FAX (972) 850-4150 FSO FAX |
Region VII Kansas City Regional Office (IA,* KS, MO, NE) Two Pershing Square Building 2300 Main Street, Suite 1010 Kansas City, Missouri 64108-2416 (816) 283-8745 (816) 283-0547 FAX |
Region VIII Denver Regional Office (CO, MT, ND, SD, UT,* WY*) Cesar Chavez Memorial Building 1244 Speer Blvd., Suite 551 Denver, CO 80204 (720) 264-6550 (720) 264-6585 FAX |
Region IX San Francisco Regional Office (AZ,* CA,* HI,* NV,* and American Samoa, Guam and the Northern Mariana Islands) 90 7th Street, Suite 18100 San Francisco, California 94103 (415) 625-2547 (415) 625-2534 FAX |
Region X Seattle Regional Office (AK,* ID, OR,* WA*) 300 Fifth Avenue, Suite 1280 Seattle, Washington 98104-2397 (206) 757-6700 (206) 757-6705 FAX |
* These states and territories operate their own OSHA approved job safety and health programs and cover state and local government employees as well as private sector employees. The Connecticut, Illinois, New Jersey, New York and Virgin Islands plans cover public employees only. States with approved programs must have standards that are identical to, or at least as effective as, the Federal OSHA standards.
Note: To get contact information for OSHA Area Offices, OSHA approved State Plans and OSHA Consultation Projects, please visit us online at www.osha.gov or call us at 1-800-321-0SHA.
* Accessibility Assistance Contact the Office of Communications at (202) 693-1999 for assistance accessing OSHA PDF materials.
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