Workers' Rights

Workers’ Rights

OSHA 3021-12R 2024

This publication provides a general overview of worker rights under the Occupational Safety and Health Act (OSH Act). This publication does not alter or determine compliance responsibilities which are set forth in OSHA standards and the OSH Act. Moreover, because interpretations and enforcement policy may change over time, for additional guidance on OSHA compliance requirements the reader should consult current administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the courts. Material contained in 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 will be made available to sensory-impaired individuals upon request. Voice phone: (202) 693-1999; teletypewriter (TTY) number: 1-877-889-5627.

Workers’ Rights

U.S. Department of Labor Occupational Safety and Health Administration OSHA 3021-12R 2024

Contents Introduction 3 Worker Protection is the Law of the Land 3 Workers’ Rights under the OSH Act 3

Employer Responsibilities 4

Who Does OSHA Cover 5 Private Sector Workers 5 State and Local Government Workers 6 Federal Government Workers 7 Not Covered under the OSH Act 7

Right to a Safe and Healthful Workplace 7 Employers’ “General Duty” 7 OSHA Standards: Protection on the Job 7 Right to be Provided Protective Equipment Free of Charge 8 Right to Information 9

OSHA Worksite Investigations 11 Right to File a Complaint with OSHA to Request an On-site OSHA Inspection 11 Rights of Workers during an Inspection 13 Workers’ Rights following Issuance of Citations 14 Right to Information if No Inspection is Conducted or No Citation Issued 14 Right to Use Your Rights: Protection against Retaliation Whistleblower Protection 15 If There is a Dangerous Situation at Work 16 Additional Whistleblower Protections 17

OSHA Assistance, Services, and Programs 21 Establishing a Safety and Health Program 21 Compliance Assistance Specialists 21 No-Cost On-Site Safety and Health Consultation Services for Small Business 22 Cooperative Programs 22 Occupational Safety and Health Training 23 OSHA Educational Materials 23

How to Contact OSHA 23

OSHA Regional Offices 24

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

Introduction Worker Protection is the Law of the Land 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 otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSH 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 employers and workers. 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 under the OSH Act The OSH Act gives workers the right to safe and healthful working conditions. It is the duty of employers to provide workplaces that are free of known dangers that could harm their employees. This law also gives workers important rights to participate in activities to ensure their protection from job hazards. This booklet explains workers’ rights to: ■ File a confidential complaint with OSHA to have

their workplace inspected. ■ Receive information and training about

hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be done in a language and vocabulary workers can understand. ■ Review records of work-related injuries and

illnesses that occur in their workplace. ■ Receive copies of the results from tests and

monitoring done to find and measure hazards in the workplace. ■ Get copies of their workplace medical records.

■ Participate in an OSHA inspection and speak in

private with the inspector. ■ File a complaint with OSHA if they have been

retaliated against by their employer as the result of requesting an inspection or using any of their other rights under the OSH Act. ■ File a complaint if punished or retaliated against

for acting as a “whistleblower” under the more than 20 additional federal statutes for which OSHA has jurisdiction. WORKERS’ RIGHTS

A job must be safe or it cannot be called a good job. OSHA strives to make sure that every worker in the nation goes home unharmed at the end of the workday, the most important right of all.

Employer Responsibilities Employers have the responsibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does not have serious hazards and must follow all OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires that employers must try to eliminate or reduce hazards first by making feasible changes in working conditions – 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 – rather than just relying on personal protective equipment such as masks, gloves, or earplugs. Employers MUST also: ■ Prominently display the official OSHA poster

that describes rights and responsibilities under the OSH Act. This poster is free and can be downloaded from www.osha.gov. ■ Inform workers about hazards through training,

labels, alarms, color-coded systems, chemical information sheets and other methods. ■ Train workers in a language and vocabulary they

can understand. ■ Keep accurate records of work-related injuries

and illnesses. ■ Perform tests in the workplace, such as air

sampling, required by some OSHA standards. ■ Provide hearing exams or other medical tests

required by OSHA standards. ■ Post OSHA citations and injury and illness data

where workers can see them. ■ Notify OSHA within 8 hours of a workplace fatality

or within 24 hours of any work-related inpatient hospitalization, amputation or loss of an eye. ■ Not retaliate against workers for using their rights

under the law, including their right to report a work- related injury or illness.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

Who Does OSHA Cover The OSH Act provides workplace safety and health protection to most private sector employers and their workers, and federally covered public sector employers and workers in the 50 states and certain territories and jurisdictions. Those jurisdictions include the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act.

Private Sector Workers Federal OSHA covers most private sector employers and workers in 29 states, the District of Columbia, Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands. Private sector workers in the remaining 21 states and Puerto Rico are covered by OSHA-approved State Plans.

State plans are OSHA-approved workplace safety and health programs operated by individual states instead of Federal OSHA. The OSH Act encourages states to develop and operate their own workplace safety and health programs and precludes state enforcement of OSHA standards unless the state has an approved State Plan. OSHA approves and monitors all State Plans and provides up to fifty percent of the funding for each program. State Plans must be at least as effective as the Federal OSHA program. To find the contact information for the OSHA federal or State Plan office nearest you, call 1-800-321-OSHA (6742) or go to www.osha.gov/stateplans.

The following 22 states or territories have OSHA- approved state programs that cover both private sector and state and local government workers: ■ Alaska ■ Michigan ■ South Carolina ■ Arizona ■ Minnesota ■ Tennessee ■ California ■ Nevada ■ Utah

■ Hawaii ■ New Mexico ■ Vermont

■ Indiana ■ North Carolina ■ Virginia

■ Iowa ■ Oregon ■ Washington

■ Kentucky ■ Puerto Rico ■ Wyoming

■ Maryland

WORKERS’ RIGHTS

OSHA-Approved State Plans

OSHA-approved State Plan covering private sector and state/local * government workers

** OSHA-approved  workers only State Plan covering state and local government

Federal OSHA covering private sector workers

Exceptions to State Plan private sector coverage are listed on each State Plan’s webpage at www.osha.gov/ stateplans.

Complaints About State Program Administration 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 worker rights. Any interested person or group, including individual workers, with a complaint concerning the operation or administration of a State Plan may submit a complaint to the appropriate Federal OSHA Region (regional offices are listed at the end of this guide). This is called a Complaint About State Program Administration (CASPA). The complainant’s name will be kept confidential. OSHA will determine whether an investigation is warranted, and will investigate all such complaints. Where investigated complaints are found to have merit, OSHA may require appropriate corrective action on the part of the state. State and Local Government Workers Workers at state and local government agencies are not covered by Federal OSHA, but are afforded OSH Act protections if they work in those states that have an OSHA-approved State Plan. Every State Plan must cover state and local government workers. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

OSHA regulations allow states and territories to develop State Plans that cover only state and local government workers. In states with state and local government only State Plans, private sector workers and employers remain under Federal OSHA jurisdiction. Six additional states and one U.S. territory have OSHA-approved State Plans that cover state and local government workers only: ■ Connecticut ■ New Jersey ■ Illinois ■ New York ■ Maine ■ Virgin Islands

■ Massachusetts

Federal Government Workers OSHA’s protection applies to all federal agencies Although OSHA does not fine federal agencies, it does monitor these agencies and conducts federal workplace inspections in response to workers’ reports of hazards.

Federal agencies must have a safety and health program that meets the same standards as private employers. Under a 1998 amendment, the OSH Act covers the U.S. Postal Service the same as any private sector employer.

Not Covered under the OSH Act ■ The self-employed; ■ Immediate family members of farm employers; and ■ Workplace hazards regulated by another federal

agency (for example, the Mine Safety and Health Administration, the Department of Energy, or the Coast Guard).

Right to a Safe and Healthful Workplace Employers’ “General Duty” Employers have the responsibility to provide a safe and healthful workplace that is free from serious recognized hazards. This is commonly known as the General Duty Clause of the OSH Act.

OSHA Standards: Protection on the Job OSHA standards are rules that describe the methods that employers must use to protect their employees from hazards. There are four groups of OSHA standards: General Industry, Construction, WORKERS’ RIGHTS

Maritime, and Agriculture. (General Industry is the set that applies to the largest number of workers and worksites). These standards are designed to protect workers from a wide range of hazards. These standards also limit the amount of hazardous chemicals, substances, or noise that workers can be exposed to; require the use of certain safe work practices and equipment; and require employers to monitor certain hazards and keep records of workplace injuries and illnesses. Examples of OSHA standards include requirements to: ■ Provide fall protection, such as a safety harness

and lifeline; ■ Prevent trenching cave-ins;

■ Ensure the safety of workers who enter confined

spaces such as manholes or grain bins; ■ Prevent exposure to high levels of noise that can

damage hearing; ■ Put guards on machines;

■ Prevent exposure to harmful levels of substances

like asbestos and lead; ■ Provide workers with respirators and other needed

safety equipment (in almost all cases, free of charge); ■ Provide healthcare workers with needles and sharp

instruments that have built-in safety features to prevent skin punctures or cuts that could cause exposure to infectious diseases; and ■ Train workers using a language and vocabulary

they understand about hazards and how to protect themselves. Employers must also comply with the General Duty Clause of the OSH Act. This clause requires employers to keep their workplaces free of serious recognized hazards and is generally cited when no specific OSHA standard applies to the hazard.

Right to be Provided Protective Equipment Free of Charge In some situations it is not possible to completely eliminate a hazard or reduce exposures to a safe level, so respirators, goggles, earplugs, gloves, or other types of personal protective equipment are often used by themselves or in addition to other

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

hazard control measures. Employers must provide most protective equipment free of charge. Employers are responsible for knowing when protective equipment is needed.

Right to Information OSHA gives workers and their representatives the right to see information that employers collect on hazards in the workplace. Workers have the right to know what hazards are present in the workplace and how to protect themselves. Many OSHA standards require various methods that employers must use to inform their employees, such as warning signs, color-coding, signals, and training. Workers must receive their normal rate of pay to attend training that is required by OSHA standards and rules. The training must be in a language and vocabulary that workers can understand. Right to Know about Chemical Hazards The Hazard Communication standard, known as the “right-to-know” standard, requires employers to inform and train workers about hazardous chemicals and substances in the workplace. Employers must: ■ Provide workers with effective information and

training on hazardous chemicals in their work area. This training must be in a language and vocabulary that workers can understand; ■ Keep a current list of hazardous chemicals that are

in the workplace; ■ Make sure that hazardous chemical containers are

properly labeled with the identity of the hazardous chemical and appropriate hazard warnings; and ■ Have and make available to workers and their

representatives Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets or MSDSs) for each substance that provide detailed information about chemical hazards, their effects, how to prevent exposure, and emergency treatment if an exposure occurs. Right to Know about Laws and Your Rights Employers must display the official OSHA Poster, Job Safety and Health: It’s the Law, in a place where workers will see it. It can be downloaded from the OSHA website, www.osha.gov/publications/poster. Pre-printed copies can also be obtained from OSHA.

WORKERS’ RIGHTS

Right to Get Copies of Workplace Injury and Illness Records OSHA’s Recordkeeping Rule requires employers in higher-hazard industries with more than ten employees to keep accurate and complete records of work-related injuries and illnesses. (Certain low-hazard workplaces such as offices are not required to keep such records). Employers must record any serious work-related injury or illness on the OSHA Form 300. A serious injury or illness is one that required medical treatment other than first aid, restricted work or days away from work. (Details of each incident are entered on a separate form, the OSHA Form 301). This OSHA Form 300 becomes an ongoing log of all recordable incidents. Each year from February 1 through April 30, employers must post a summary of the injury and illness log from the previous year (OSHA Form 300A) in a place where workers can see it. Workers and their representatives have the right to receive copies of the full OSHA Form 300 log. Following a request, employers must make copies available at the end of the next business day. These injury and illness logs are important because they provide a comprehensive guide to possible hazards in the workplace that may need correcting. The logs should be used to focus on areas with high injury and illness rates, and to find and fix hazards in order to prevent future occurrences. Right to Exposure Data Many OSHA standards require employers to run tests of the workplace environment to find out if their workers are being exposed to harmful levels of hazardous substances such as lead or asbestos, or high levels of noise or radiation. These types of tests are called exposure monitoring. OSHA gives workers the right to get the results of these tests. Right to Your Medical Records Some OSHA standards require medical tests to find out if a worker’s health has been affected because of exposures at work. For example, employers must test for hearing loss in workers exposed to excessive noise or for decreased lung function in workers exposed to asbestos. Workers have a right to their medical records. Workers’ representatives also have a right to review these records but they must first get written permission from the worker to gain access to their medical information. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

OSHA Worksite Investigations OSHA conducts on-site inspections of worksites to enforce the OSHA law that protects workers and their rights. Inspections are initiated without advance notice, conducted using on-site or telephone and facsimile investigations, and performed by highly trained compliance officers. Worksite inspections are conducted based on the following priorities: ■ Imminent danger;

■ A fatality or hospitalizations;

■ Worker complaints and referrals;

■ Targeted inspections – particular hazards, high

injury rates; and ■ Follow-up inspections.

Inspections are conducted without employers knowing when or where they will occur. The employer is not informed in advance that there will be an inspection, regardless of whether it is in response to a complaint or is a programmed inspection.

Right to File a Complaint with OSHA to Request an On-site OSHA Inspection On-site inspections can be triggered by a worker complaint of a potential workplace hazard or violation. If your workplace has unsafe or unhealthful working conditions, you may want to file a complaint. Often the best and fastest way to get a hazard corrected is to notify your supervisor or employer. Current workers or their representatives may file a written 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 or rules. Workers and their representatives have the right to ask for an inspection without OSHA telling their employer who filed the complaint. It is a violation of