Workers’ Rights
Workers’ RightsOSHA 3021-06R 2017
Occupational Safety and Health Act of 1970“To assure safe and healthful workingconditions for working men and women;by authorizing enforcement of thestandards developed under the Act; byassisting and encouraging the States intheir efforts to assure safe and healthfulworking conditions; by providing forresearch, information, education, andtraining in the field of occupational safetyand health.”This publication provides a generaloverview of worker rights under theOccupational Safety and Health Act(OSH Act). This publication does not alteror determine compliance responsibilitieswhich are set forth in OSHA standardsand the OSH Act. Moreover, becauseinterpretations and enforcement policymay change over time, for additionalguidance on OSHA compliancerequirements the reader should consultcurrent administrative interpretationsand decisions by the OccupationalSafety and Health Review Commissionand the courts.This document, Workers’ Rights, replacesEmployee Workplace Rights.Material contained in this publicationis in the public domain and may bereproduced, fully or partially, withoutpermission. Source credit is requestedbut not required.This information will be made availableto sensory-impaired individuals uponrequest. Voice phone: (202) 693-1999; teletypewriter (TTY) number: 1-877-889-5627.
Workers’ RightsU.S. Department of LaborOccupational Safety and Health AdministrationOSHA 3021-06R 2017
ContentsIntroduction3Worker Protection is the Law of the LandWorkers’ Rights under the OSH Act3Employer Responsibilities4Who Does OSHA Cover5Private Sector WorkersState and Local Government WorkersFederal Government WorkersNot Covered under the OSH ActWorker Rights in State-Plan States5Right to a Safe and Healthful Workplace7Employers’ “General Duty”OSHA Standards: Protection on the JobRight to be Provided Protective EquipmentFree of ChargeRight to Information7OSHA Worksite InvestigationsRight to File a Complaint with OSHAto Request an On-site OSHA InspectionRights of Workers during an InspectionWorkers’ Rights following Issuance of CitationsRight to Information if No Inspection isConducted or No Citation IssuedRight to Use Your Rights:Protection against RetaliationWhistleblower ProtectionIf There is a Dangerous Situation at WorkAdditional Whistleblower Protections355667881011121314141616OSHA Assistance, Services, and Programs21Establishing a Safety and Health ProgramCompliance Assistance SpecialistsNo Cost On-Site Safety and Health ConsultationServices for Small BusinessCooperative ProgramsOccupational Safety and Health TrainingOSHA Educational Materials21How to Contact OSHA23OSHA Regional Offices242122222323OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION2
IntroductionWorker Protection is the Law of the LandYou have the right to a safe workplace. TheOccupational Safety and Health Act of 1970 (OSH Act)was passed to prevent workers from being killedor otherwise harmed at work. The law requiresemployers to provide their employees with workingconditions that are free of known dangers. TheOSH Act created the Occupational Safety and HealthAdministration (OSHA), which sets and enforcesprotective workplace safety and health standards.OSHA also provides information, training andassistance to employers and workers.Contact us if you have questions or want to file acomplaint. We will keep your information confidential.We are here to help you.Workers’ Rights under the OSH ActThe OSH Act gives workers the right to safe andhealthful working conditions. It is the duty ofemployers to provide workplaces that are free ofknown dangers that could harm their employees.This law also gives workers important rights toparticipate in activities to ensure their protection fromjob hazards. This booklet explains workers’ rights to: File a confidential complaint with OSHA to havetheir workplace inspected. Receive information and training about hazards,methods to prevent harm, and the OSHA standardsthat apply to their workplace. The training must bedone in a language and vocabulary workers canunderstand. Review records of work-related injuries andillnesses that occur in their workplace. Receive copies of the results from tests andmonitoring done to find and measure hazards inthe workplace. Get copies of their workplace medical records. Participate in an OSHA inspection and speak inprivate with the inspector. File a complaint with OSHA if they have beenretaliated against by their employer as the result ofrequesting an inspection or using any of their otherrights under the OSH Act.WORKERS’ RIGHTS3
File a complaint if punished or retaliated against foracting as a “whistleblower” under the additional 21federal statutes for which OSHA has jurisdiction.A job must be safe or it cannot be called a goodjob. OSHA strives to make sure that every worker inthe nation goes home unharmed at the end of theworkday, the most important right of all.Employer ResponsibilitiesEmployers have the responsibility to provide a safeworkplace. Employers MUST provide their employeeswith a workplace that does not have serious hazardsand must follow all OSHA safety and health standards.Employers must find and correct safety and healthproblems. OSHA further requires that employers musttry to eliminate or reduce hazards first by makingfeasible changes in working conditions – switching tosafer chemicals, enclosing processes to trap harmfulfumes, or using ventilation systems to clean the air areexamples of effective ways to get rid of or minimizerisks – rather than just relying on personal protectiveequipment such as masks, gloves, or earplugs.Employers MUST also: Prominently display the official OSHA posterthat describes rights and responsibilities underthe OSH Act. This poster is free and can bedownloaded from www.osha.gov. Inform workers about hazards through training,labels, alarms, color-coded systems, chemicalinformation sheets and other methods. Train workers in a language and vocabulary theycan understand. Keep accurate records of work-related injuries andillnesses. Perform tests in the workplace, such as airsampling, required by some OSHA standards. Provide hearing exams or other medical testsrequired by OSHA standards. Post OSHA citations and injury and illness datawhere workers can see them. Notify OSHA within 8 hours of a workplace fatalityor within 24 hours of any work-related inpatienthospitalization, amputation or loss of an eye.OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION4
Not retaliate against workers for using their rightsunder the law, including their right to report a workrelated injury or illness.Who Does OSHA CoverPrivate Sector WorkersMost employees in the nation come under OSHA’sjurisdiction. OSHA covers most private sectoremployers and employees in all 50 states, the Districtof Columbia, and other U.S. jurisdictions eitherdirectly through Federal OSHA or through an OSHAapproved state plan. State-run health and safety plansmust be at least as effective as the Federal OSHAprogram. To find the contact information for theOSHA Federal or State Program office nearest you,call 1-800-321-OSHA (6742) or go to www.osha.gov.State and Local Government WorkersEmployees who work for state and local governmentsare not covered by Federal OSHA, but have OSH Actprotections if they work in those states that have anOSHA-approved state plan. The following 22 states orterritories have OSHA-approved programs:AlaskaHawaiiKentuckyMinnesotaNorth CarolinaTennesseeVirginiaPuerto onCaliforniaIowaMichiganNew MexicoSouth CarolinaVermontWyomingFive additional states and one U.S. territory haveOSHA-approved plans that cover public sectorworkers only:ConnecticutNew JerseyIllinoisNew YorkMaineVirgin IslandsPrivate sector workers in these five states and theVirgin Islands are covered by Federal OSHA.Federal Government WorkersFederal agencies must have a safety and healthprogram that meets the same standards as privateemployers. Although OSHA does not fine federalWORKERS’ RIGHTS5
agencies, it does monitor federal agencies andresponds to workers’ complaints. The United StatesPostal Service (USPS) is covered by OSHA.Not Covered under the OSH ActSelf-employed;Immediate family members of farm employers; andWorkplace hazards regulated by another federalagency (for example, the Mine Safety and HealthAdministration, the Department of Energy, or theCoast Guard).nnnOSHA-Approved State LGAPRLAFLVIOSHA-approved state plans (private sector andpublic employees)Federal OSHA (private sector and most federal employees)OSHA-approved state plans (for public employees only;private sector employees are covered by Federal OSHA)Worker Rights in State-Plan StatesStates that assume responsibility for their ownoccupational safety and health programs must haveprovisions at least as effective as Federal OSHA’s,including the protection of worker rights.Any interested person or group, including employees,with a complaint concerning the operation oradministration of a state program may submit acomplaint to the appropriate Federal OSHA regionaladministrator. (See contact list at the end of thisbooklet). This is called a Complaint About StateProgram Administration (CASPA). The complainant’sOCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION6
name will be kept confidential. The OSHA regionaladministrator will investigate all such complaints,and where complaints are found to be valid, requireappropriate corrective action on the part of the state.Right to a Safe and HealthfulWorkplaceEmployers’ “General Duty”Employers have the responsibility to provide a safeand healthful workplace that is free from seriousrecognized hazards. This is commonly known as theGeneral Duty Clause of the OSH Act.OSHA Standards: Protection on the JobOSHA standards are rules that describe themethods that employers must use to protect theiremployees from hazards. There are four groups ofOSHA standards: General Industry, Construction,Maritime, and Agriculture. (General Industry is theset that applies to the largest number of workers andworksites). These standards are designed to protectworkers from a wide range of hazards.These standards also limit the amount of hazardouschemicals, substances, or noise that workers canbe exposed to; require the use of certain safe workpractices and equipment; and require employersto monitor certain hazards and keep records ofworkplace injuries and illnesses.Examples of OSHA standards include requirements to: Provide fall protection, such as a safety harnessand lifeline; Prevent trenching cave-ins; Ensure the safety of workers who enter confinedspaces such as manholes or grain bins; Prevent exposure to high levels of noise that candamage hearing; Put guards on machines; Prevent exposure to harmful levels of substanceslike asbestos and lead; Provide workers with respirators and other neededsafety equipment (in almost all cases, free of charge);WORKERS’ RIGHTS7
Provide healthcare workers with needles and sharpinstruments that have built-in safety features toprevent skin punctures or cuts that could causeexposure to infectious diseases; andTrain workers using a language and vocabularythey understand about hazards and how to protectthemselves.Employers must also comply with the GeneralDuty Clause of the OSH Act. This clause requiresemployers to keep their workplaces free of seriousrecognized hazards and is generally cited when nospecific OSHA standard applies to the hazard.Right to be Provided Protective EquipmentFree of ChargeIn some situations it is not possible to completelyeliminate a hazard or reduce exposures to a safelevel, so respirators, goggles, earplugs, gloves, orother types of personal protective equipment areoften used by themselves or in addition to otherhazard control measures. Employers must providemost protective equipment free of charge. Employersare responsible for knowing when protectiveequipment is needed.Right to InformationOSHA gives workers and their representatives the rightto see information that employers collect on hazardsin the workplace. Workers have the right to knowwhat hazards are present in the workplace and howto protect themselves. Many OSHA standards requirevarious methods that employers must use to informtheir employees, such as warning signs, color-coding,signals, and training. Workers must receive theirnormal rate of pay to attend training that is required byOSHA standards and rules. The training must be in alanguage and vocabulary that workers can understand.Right to Know about Chemical HazardsThe Hazard Communication standard, known as the“right-to-know” standard, requires employers toinform and train workers about hazardous chemicalsand substances in the workplace. Employers must: Provide workers with effective information andtraining on hazardous chemicals in their work area.OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION8
This training must be in a language and vocabularythat workers can understand;Keep a current list of hazardous chemicals that arein the workplace;Make sure that hazardous chemical containers areproperly labeled with the identity of the hazardouschemical and appropriate hazard warnings; andHave and make available to workers and theirrepresentatives Safety Data Sheets (SDSs)(formerly known as Material Safety Data Sheetsor MSDSs) for each substance that providedetailed information about chemical hazards, theireffects, how to prevent exposure, and emergencytreatment if an exposure occurs.Right to Know about Laws and Your RightsEmployers must display the official OSHA Poster,Job Safety and Health: It’s the Law, in a place whereworkers will see it. It can be downloaded from theOSHA website, www.osha.gov. Pre-printed copiescan also be obtained from OSHA.Right to Get Copies of WorkplaceInjury and Illness RecordsOSHA’s Recordkeeping Rule requires employers inhigher-hazard industries with more than ten employeesto keep accurate and complete records of workrelated injuries and illnesses. (Certain low-hazardworkplaces such as offices are not required to keepsuch records). Employers must record any seriouswork-related injury or illness on the OSHA Form300. A serious injury or illness is one that requiredmedical treatment other than first aid, restricted workor days away from work. (Details of each incident areentered on a separate form, the OSHA Form 301).This OSHA Form 300 becomes an ongoing log ofall recordable incidents. Each year from February 1through April 30, employers must post a summaryof the injury and illness log from the previous year(OSHA Form 300A) in a place where workers cansee it. Workers and their representatives have theright to receive copies of the full OSHA Form 300 log.Following a request, employers must make copiesavailable at the end of the next business day.WORKERS’ RIGHTS9
These injury and illness logs are important becausethey provide a comprehensive guide to possiblehazards in the workplace that may need correcting.The logs should be used to focus on areas with highinjury and illness rates, and to find and fix hazards inorder to prevent future occurrences.Right to Exposure DataMany OSHA standards require employers to runtests of the workplace environment to find out iftheir workers are being exposed to harmful levels ofhazardous substances such as lead or asbestos, orhigh levels of noise or radiation. These types of testsare called exposure monitoring. OSHA gives workersthe right to get the results of these tests.Right to Your Medical RecordsSome OSHA standards require medical tests to findout if a worker’s health has been affected because ofexposures at work. For example, employers must testfor hearing loss in workers exposed to excessive noiseor for decreased lung function in workers exposedto asbestos. Workers have a right to their medicalrecords. Workers’ representatives also have a right toreview these records but they must first get writtenpermission from the worker to gain access to theirmedical information.OSHA Worksite InvestigationsOSHA conducts on-site inspections of worksites toenforce the OSHA law that protects workers andtheir rights. Inspections are initiated without advancenotice, conducted using on-site or telephone andfacsimile investigations, and performed by highlytrained compliance officers. Worksite inspections areconducted based on the following priorities: Imminent danger; A fatality or hospitalizations; Worker complaints and referrals; Targeted inspections – particular hazards, highinjury rates; and Follow-up inspections.OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION1 0
Inspections are conducted without employersknowing when or where they will occur. The employeris not informed in advance that there will be aninspection, regardless of whether it is in response toa complaint or is a programmed inspection.Right to File a Complaint with OSHAto Request an On-site OSHA InspectionOn-site inspections can be triggered by a workercomplaint of a potential workplace hazard or violation.If your workplace has unsafe or unhealthful workingconditions, you may want to file a complaint. Oftenthe best and fastest way to get a hazard corrected isto notify your supervisor or employer.Current workers or their representatives may filea written complaint and ask OSHA to inspect theirworkplace if they believe there is a serious hazard orthat their employer is not following OSHA standardsor rules. Workers and their representatives have theright to ask for an inspection without OSHA tellingtheir employer who filed the complaint. It is a violationof the OSH Act for an employer to fire, demote,transfer or retaliate in any way against a worker forfiling a complaint or using other OSHA rights.A complaint can be filed in a number of ways:1. Mail or submit the OSHA Complaint Form –Download the OSHA complaint form from ourwebsite (or request a copy from your local OSHAregional or area office), complete it and then faxor mail it back to your nearest OSHA regional orarea office. Written complaints that report a serioushazard and are signed by a current worker orrepresentative and submitted to the closest OSHAarea office are given priority and are more likely toresult in on-site OSHA inspections. A worker or theirrepresentative can request (on the form) that OSHAnot let their employer know who filed the complaint.Please include your name, address and telephonenumber so we can contact you to follow up. Thisinformation is confidential.2. Online – Go to the online Complaint Form onthe OSHA website, at www.osha.gov/pls/osha7/eComplaintForm.html. Complaints that are sent inonline will most likely be investigated using OSHA’sWORKERS’ RIGHTS1 1
phone/fax system whereby the employer is contactedby phone or fax (not an actual inspection) about thehazard. A written complaint that reports a serioushazard and is signed by a current worker(s) or theirrepresentative and mailed or otherwise submittedto an OSHA area or regional office is more likely toresult in an on-site OSHA inspection. Complaintsreceived online from workers in OSHA-approvedstate plan states will be forwarded to the appropriatestate plan for response.3. Telephone – Call your local OSHA regional orarea office at 1-800-321-OSHA (6742). OSHA staffcan discuss your complaint and respond to anyquestions you have. If there is an emergency or thehazard is immediately life-threatening, call yourlocal OSHA regional or area office.Who else can file a complaint?Employee representatives, for the purposes of filing acomplaint, are defined as any of the following: An authorized representative of the employeebargaining unit, such as a certified or recognizedlabor organization. An attorney acting for an employee. Any other person acting in a bona fide representativecapacity, including, but not limited to, members ofthe clergy, social workers, spouses and other familymembers, health care providers and governmentofficials or nonprofit groups and organizations actingupon specific complaints or injuries from individualswho are employees. In general, the affected employeeshould have requested, or at least approved, thefiling of the complaint on his or her behalf.In addition, anyone who knows about a workplacesafety or health hazard may report unsafe conditions toOSHA, and OSHA will investigate the concerns reported.Rights of Workers during an InspectionDuring an inspection, workers or their representativeshave the following rights: Have a representative of employees, such as thesafety steward of a labor organization, go along onthe inspection;OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION1 2
Talk privately with the inspector; andTake part in meetings with the inspector before andafter the inspection.When there is no authorized employee representative,the OSHA inspector must talk confidentially with areasonable number of workers during the inspection.Workers are encouraged to: Point out hazards; Describe injuries or illnesses that resulted fromthese hazards; Discuss past worker complaints about hazards; and Inform the inspector of working conditions that arenot normal during the inspection.Following the InspectionAt the end of the inspection, the OSHA inspectorwill meet with the employer and the employeerepresentatives in a closing conference to discussany violations found and possible methods by whichany hazards found will be abated. If it is not practicalto hold a joint conference, the compliance officer willhold separate conferences.When the OSHA area director determines that therehas been a violation of OSHA standards, regulations,or other requirements, the area director issues acitation and notification of proposed penalty toan employer. A citation includes a description ofthe violation and the date by when the correctiveactions must be taken. Depending on the situation,OSHA can classify a violation as serious, willful, orrepeat. The employer can also be cited for failingto correct a violation for which it has already beencited. Employers must post a copy of a citation in theworkplace where employees will see it.Workers’ Rights following Issuanceof CitationsWorkers and employers can contest citations oncethey are issued to the employer. Workers may onlycontest the amount of time the employer is given tocorrect the hazard. Workers or their representativesmust file a notice of contest with the OSHA areaoffice within 15 days of the issuance of a citation.WORKERS’ RIGHTS1 3
Employers have the right to challenge whetherthere is a violation, how the violation is classified,the amount of any penalty, what the employermust do to correct the violation and how longthey have to fix it. Workers or their representativesmay participate in this appeals process by electing“party status.” This is done by filing a written noticewith the Occupational Safety and Health ReviewCommission (OSHRC).The OSHRC hears appeals of OSHA citations. Theyare an independent agency separate from theDepartment of Labor. For more information, write to:U.S. Occupational Safety and HealthReview Commission1120 20th Street NW, 9th FloorWashington, DC 20036Phone: 202-606-5400 Fax: 202-606-5050www.oshrc.govRight to Information if No Inspection isConducted or No Citation IssuedThe OSHA area director evaluates complaints fromemployees or their representatives according to theprocedures defined in the OSHA Field OperationsManual. If the area director decides not to inspectthe workplace, he or she will send a letter to thecomplainant explaining the decision and the reasonsfor it.OSHA will inform complainants that they havethe right to request a review of the decision bythe OSHA regional administrator. Similarly, in theevent that OSHA decides not to issue a citation afteran inspection, employees have a right to furtherclarification from the area director and an informalreview by the regional administrator.Right to Use Your Rights:Protection against RetaliationWhistleblower ProtectionThe OSH Act prohibits employers from retaliatingagainst their employees for using their rights underthe OSH Act. These rights include filing an OSHAcomplaint, participating in an inspection or talking toOCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION1 4
the inspector, seeking access to employer exposureand injury records, raising a safety or health issuewith the employer, or any other workers’ rightsdescribed above.Protection from retaliation means that an employercannot punish workers by taking “adverse action”,such as: Firing or laying off;Blacklisting;Demoting;Denying overtime or promotion;Disciplining;Denying benefits;Failing to hire or rehire;Intimidation;Making threats;Reassignment affecting prospects for promotion; orReducing pay or hours.You can file a complaint alleging retaliation withOSHA if your employer has punished you forusing any employee rights established under theOSH Act. If you have been retaliated against forusing your rights, you must file a complaint withOSHA within 30 calendar days from the date theretaliatory decision has been both made andcommunicated to you (the worker). Contact yourlocal OSHA office by calling, within 30 days ofthe alleged retaliation, 1-800-321-OSHA (6742), orsend a letter to your closest regional or area office.No form is required. In states with approved stateplans, employees may file a complaint with boththe State and Federal OSHA.Following a complaint, OSHA will contact thecomplainant and conduct an interview to determinewhether an investigation is necessary.If the evidence shows that the employee has beenretaliated against for exercising safety and healthrights, OSHA will ask the employer to restore thatworker’s job, earnings, and benefits. If the employerrefuses, OSHA may take the employer to court. Insuch cases, a Department of Labor attorney willrepresent the employee to obtain this relief.WORKERS’ RIGHTS1 5
If There is a Dangerous Situation at WorkIf you believe working conditions are unsafe orunhealthful, we recommend that you bring theconditions to your employer’s attention, if possible.You may file a complaint with OSHA concerning ahazardous working condition at any time. However,you should not leave the worksite merely becauseyou have filed a complaint. If the condition clearlypresents 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 tothe attention of your employer, you may have a legalright to refuse to work in a situation in which youwould be exposed to the hazard.If a worker, with no reasonable alternative, refusesin good faith to expose himself or herself to adangerous condition, he or she would be protectedfrom subsequent retaliation. The condition must beof such a nature that a reasonable person wouldconclude that there is a real danger of death orserious harm and that there is not enough timeto contact OSHA and for OSHA to inspect. Wherepossible, the employe0e must have also soughtfrom his employer, and been unable to obtain, acorrection of the condition. For more information, goto www.osha.gov/workers.Additional Whistleblower ProtectionsSince passage of the OSH Act in 1970, Congresshas expanded OSHA’s whistleblower protectionauthority to protect workers from retaliation under22 federal laws. These laws protect employeeswho report violations of various workplace safety,airline, commercial motor carrier, consumerproduct, environmental, financial reform,healthcare reform, nuclear, pipeline, publictransportation agency, railroad, maritime andsecurities laws. Complaints must be reportedto OSHA within set timeframes following theretaliatory action, as prescribed by each law.OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION1 6
These laws, and the number of days employeeshave to file a complaint, are:Worker, Environmental and Nuclear Safety Laws Asbestos Hazard Emergency Response Act (AHERA)(90 days). Provides retaliation protection forindividuals who report violations of environmentallaws relating to asbestos in public or privatenonprofit elementary and secondary school systems.Clean Air Act (CAA) (30 days). Provides retaliationprotection for employees who, among other things,report violations of this law, which provides forthe development and enforcement of standardsregarding air quality and air pollution.Comprehensive Environmental Response,Compensation, and Liability Act (CERCLA)(30 days). Protects employees who reportregulatory violations involving accidents, spills,and other emergency releases of pollutants intothe environment. The law also protects employeeswho report violations related to the cleanup ofuncontrolled or abandoned hazardous waste sites.Energy Reorganization Act (ERA) (180 days).Protects certain employees in the nuclear industrywho report violations of the Atomic Energy Act(AEA). Protected employees include employeesof operators, contractors and subcontractors ofnuclear power plants licensed by the NuclearRegulatory Commission, and employees ofcontractors working with the Department of Energyunder a contract pursuant to the Atomic Energy Act.Federal Water Pollution Control Act (FWPCA)(also known as the Clean Water Act) (30 days).Provides retaliation protection for employees who,among other things, report violations of the lawcontrolling water pollution.Occupational Safety and Health Act of 1970(30 days). Provides retaliation protection foremployees who exercise a variety of rightsguaranteed under this law, such as filing a safetyand health complaint with OSHA and participatingin an inspection.WORKERS’ RIGHTS1 7
Safe Drinking Water Act (SDWA) (30 days).Provides retaliation protection for employees who,among other things, report violations of this law,which requires that all drinking water systems assurethat their water is potable, as determined by theEnvironmenta
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