Workers' Rights Under OSHA

The workplace should be where workers are safe while carrying out their duties. Unfortunately, this isn't always the case. That's where the Occupational Safety and Health Administration, commonly known as OSHA, comes in.

OSHA oversees the safety and health conditions in most workplaces throughout the United States. The federal agency sets and enforces working environment standards. It also provides training, outreach, education, and help. OSHA was established to ensure that workers have safe and healthy working conditions.

Understanding your rights under OSHA is important for maintaining a safe work environment. Whether you're working in construction, manufacturing, or any other industry, knowing how OSHA protects workers can make a difference.

Read on to learn more about workers' rights under OSHA and what you can do if your rights are compromised.

What Is OSHA?

OSHA is part of the U.S. Department of Labor. The Occupational Safety and Health Act of 1970 (OSH Act) established the agency. The OSH Act is landmark legislation aimed at reducing workplace hazards.

Safety and Health Regulations

Since its opening in 1970, OSHA has primarily developed and enforced workplace safety and health regulations. These regulations, known as OSHA standards, cover a wide range of potential hazards, from exposure to toxic substances to operating heavy machinery safely. Employers must follow these standards to minimize risks and protect their workers.

OSHA designs its standards to end or reduce workplace dangers. This means employers must follow specific health and safety regulations. Some examples are:

• Ensuring machinery is safe to use
• Implementing protocols to prevent falls
• Providing proper ventilation
• Minimizing exposure to harmful substances

A safe workplace also includes ergonomic standards to prevent repetitive strain injuries.

Inspections and Investigations

OSHA's headquarters is in Washington, D.C. It has regional and area offices around the country. OSHA conducts inspections and investigations across the United States to ensure employers' compliance with its standards.

Business and Employee Education

OSHA educates employers and employees. The agency offers training programs and guidance to help employers understand and follow safety standards.

Workers' Rights

Workers have several rights that protect their health and safety in the working environment.

1. Right to a safe workplace. Every worker has the right to a workplace free from serious recognized hazards. The OSH Act's General Duty clause requires that employers provide employees with a workplace free from recognized hazards that could cause serious physical harm or death.
2. Right to receive information. Workers can access information about hazards they may face on the job. Employers must provide Safety Data Sheets (SDS) for any hazardous chemicals used in the workplace. These sheets explain the hazards the substance presents. The sheets also include the precautions needed to handle it safely. Employees can also get a copy of the workplace's injuries and illness report. Employers must place OSHA posters in prominent workplaces that inform employees of their rights and responsibilities. Also, workers have a right to get their workplace medical records.
3. Right to training. Proper training is essential for workplace safety. Workers have the right to get training about the hazards they may encounter and the proper procedures for dealing with them. This training must be in a language workers can understand. Training topics might include the correct use of personal protective equipment (PPE), safe operation of machinery, and emergency response procedures.
4. Right to request an OSHA inspection. If workers believe their workplace is unsafe or does not follow OSHA standards, they can request an OSHA inspection. This can be confidential to protect the employee's identity. During an inspection, OSHA officials will evaluate the workplace conditions and determine if violations are present. Workers also have the right to take part in the inspection and speak with the inspector privately.
5. Right to report injuries and illnesses. Employers must keep records of workplace injuries and illnesses. They must provide this information to OSHA and the affected workers. This reporting helps identify and address potential hazards.
6. Protection from retaliation. OSHA protects employees from retaliation for reporting work-related injuries and hazards. Workers can't get fired, demoted, transferred, or discriminated against for reporting unsafe conditions or requesting an inspection.

OSHA enforces the whistleblower protection provisions of more than 20 laws. These laws OSHA enforces include:

• Clean Air Act
• Federal Railroad Safety Act
• OSH Act
• Safe Drinking Water Act

If retaliation happens, workers can file a complaint with OSHA. OSHA will investigate. It will take appropriate action against the employer.

State-Run Plans

There are several OSHA-approved state plans. OSHA encourages states to adopt their own workplace health and safety plans. State programs must meet federal OSHA standards. Some state programs are even more strict than federal OSHA laws and regulations. So, your rights under a state plan might be more extensive than under the federal OSHA.

Employers and employees should check to see if their state has its own OSHA standards. Learn the obligations and rights under the state-run program. Now, 22 states operate an OSHA-approved plan for private workers and state and local workers. Seven states operate an OSHA-approved plan for state and local workers only.

Filing a Complaint

If you know about a workplace safety or health hazard, you can report unsafe conditions to OSHA. Employee representatives, such as an authorized labor organization representative, can also file a complaint.

OSHA inspects workplaces. Workplace incidents, employee complaints, or routine checks in high-risk industries can trigger these inspections. When it finds violations, OSHA issues citations.

The request for an OSHA inspection is anonymous. To get the contact information for the OSHA federal or state plan office nearest you, call 1-800-321-OSHA (6742) or visit www.osha.gov.

But first, talk to your boss about the issue. OSHA says that often, "the best and fastest way to get a hazard corrected" is to tell your supervisor or employer about it. Remember, any retaliation against violates the OSH Act, and you can file a whistleblower complaint form.

Worker complaints alleging hazards or violations are a high priority for investigations. Similarly, inspections of workplaces in high-hazard industries or employers with a high rate of injuries and illnesses are also highly prioritized.

Follow-up inspections can also happen. Agency inspectors may return to make sure that cited violations get fixed.

Reach Out to an Attorney for Help

If you think your employee rights to job safety and a healthful workplace are being violated, an employment law attorney can help. Employers must take action to reduce safety hazards and hazardous conditions or face OSHA citations. If your work area isn't in compliance, contact an attorney today.