Workplace Exposure and Legal Protections

Millions of workers across the United States face potential workplace hazards yearly. In 2022, private industry employers reported 2.8 million nonfatal workplace injuries and illnesses. This is a 7.5 percent increase from the previous year. According to the Bureau of Labor Statistics, a rise in injuries and illnesses accounted for the increase.

These statistics show the importance of understanding workplace hazards and the legal protections to safeguard workers. A group of laws protect workers and require that employers provide a safe workplace and protective gear. Whether you work at a construction site or a seemingly safe office, understanding occupational risks and the laws that mitigate them is crucial.

This guide aims to educate workers about common workplace hazards, the relevant safety laws, and the steps to protect yourself on the job.

FindLaw's Workplace Exposure section covers the various kinds of hazards that may be in your workplace, such as tobacco smoke or asbestos. We'll also summarize your rights and tips for workplace protection.

What Is an Occupational Hazard?

Occupational hazards are risks or conditions in a workplace that could harm employees. They can vary widely depending on the work type, environment, and specific activities.

There are several types of occupational hazards:

1. Physical hazards. Physical hazards are environmental factors that can cause harm without touching a person. These include noise, radiation, extreme temperatures, etc.
2. Chemical hazards. Chemical hazards involve exposure to harmful substances that can cause health problems. Examples include asbestos, lead, and solvents.
3. Biological hazards. Biological hazards are organic substances that pose a health threat, such as mold.
4. Ergonomic hazards. Ergonomic hazards happen when the type of work, body positions, and working conditions strain the body. Examples include repetitive strain injuries.

Employers must conduct risk assessments and implement measures to lower these risks.

Workplace Exposure Laws

Workplace safety law includes federal and state regulations imposed on businesses to keep employees safe from harm. These rules apply to nearly all private-sector employers. Standards are in place to reduce the risk of accidents and illnesses in the workplace. Government agencies can investigate violations and issue citations for noncompliance.

Employee Rights under the OSH Act

The Occupational Safety and Health Act of 1970 (OSH Act) is the primary federal law governing workplace safety and health standards in the United States. The OSH Act gives certain employee rights. In general, your employer must tell you about the safety hazards in the workplace and give training on how to avoid the hazards. You also have a right to information about the applicable health and safety laws.

The Hazard Communication Standard (HCS) is an OSHA standard that requires employers to inform and train employees about the hazardous chemicals they may be exposed to at work. It mandates that chemical manufacturers and importers evaluate and communicate the hazards of their products through labels and safety data sheets.

Usually, information about exposure to toxins is in Safety Data Sheets. The SDS contains such details as:

• The toxicity and health effects of a given substance
• Instructions for first aid
• Reactivity with other substances
• Storage and disposal guidelines
• Recommended protective gear
• Procedures for spills or leaks

Also, you have the right to get copies of your workplace medical records and take part in OSHA inspections without employer reprisals.

Employer Responsibilities Under the OSH Act

The "General Duty" clause of the OSH Act requires that employers provide employees with a workplace free from recognized hazards that could cause serious physical harm or death. As a result, business owners must discover hazards before they cause harm. Once discovered, business owners must remove or address hazards to cut risk. If the workplace can't make the hazard safe, your employer must tell you and provide training and safety gear.

Employers are required to report under the OSH Act. All employers must notify OSHA within eight hours of a workplace fatality or 24 hours of any work-related inpatient hospitalization.

Many OSHA standards require that employers provide personal protective equipment (PPE) to protect employees from job-related injuries, illnesses, and fatalities. PPE can include respirators, face shields, safety goggles, gloves, etc.

Finally, employers must record serious work-related injuries and illnesses and make them available for viewing. A serious injury or illness requires medical treatment other than first aid, time off from work, or work limitations. Employers must post a summary of the injury and illness log from the previous year in a place where workers can see it. Workers and their representatives have the right to get copies of the report.

OSHA's "Recordkeeping Rule" applies to employers with more than 10 employees in higher-hazard industries. Low-hazard workplaces, such as offices, aren't required to keep such records.

OSHA's Role in Workplace Safety

The Occupational Safety and Health Administration (OSHA) is a federal agency that enforces the OSH Act. It sets and enforces workplace safety and health standards and provides training, education, and outreach. OSHA officials inspect worksites and issue citations for violations. Offenders are subject to monetary fines and, in some cases, imprisonment and other criminal penalties.

OSHA is part of the U.S. Department of Labor.

State Agencies

With the federal agency's encouragement, several states have adopted their own workplace safety and health plans. The state plans must meet federal OSHA standards. In many instances, state plans have standards even more stringent than those the federal government requires. For example, California's plan is called the California Occupational Safety and Health Program. Unlike the federal OSHA, Cal/OSHA covers public-sector employees. It also mandates some of the same standards as the federal OSHA.

Smoking in the Workplace

Federal law doesn't regulate tobacco smoke in the workplace, but many state laws do. Most states that regulate smoking ban tobacco smoke in all enclosed workplaces, including bars and restaurants in many states. Florida, as with a handful of other states, allows smoking in bars. California law, meanwhile, requires businesses with five or more employees to ban smoking in enclosed work areas. While most employers don't go out of their way to appease smokers, they typically allow smoking in designated areas (usually outside).

Exceptions to workplace smoking bans include those usually hosting private functions (such as weddings), private offices staffed only by smokers, and those where compliance would be unreasonable.

These laws primarily protect non-smokers from the documented health risks of second-hand smoke.

Filing a Complaint

Anyone who knows about a workplace safety or health hazard may report unsafe conditions to OSHA, and the federal agency will investigate. Employee representatives, such as authorized labor organization representatives, can also file complaints.

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 OSHA.gov.

But first, you might want to talk to your boss about the issue. According to OSHA, "Often the best and fastest way to get a hazard corrected is to notify your supervisor or employer."

Your employer can't legally retaliate against you. It's a violation of the OSH Act for an employer to fire, demote, transfer, or retaliate against you for filing a complaint or taking advantage of other OSHA rights. Also, if your employer knowingly exposes workers to toxins, whistleblower laws protect employees who report unlawful activity to the proper authorities.

Toxins in the Workplace: What to Do

Workplaces with a high risk for toxic exposure typically have strict rules and procedures to protect workers and the company's legal exposure. So, if toxins are in your workplace, your employer will probably have rules for handling those substances.

The Centers for Disease Control (CDC) provides the following suggestions (this is not a complete list):

• Protective gear: This may include a mask, goggles, ventilator, or protective gloves.
• Ventilation: This often involves placing a strong ventilator near the source of the exposure to dilute or remove the toxin.
• Isolation: This can be as simple as locking the toxic materials away or using high-tech equipment to stop direct contact.

Click on one of the following links to learn about workplace exposure to environmental toxins.

Get a Lawyer's Help

Meeting with an employment law attorney can help you understand your options and how to protect your rights.