According to OSHA: You have the right to a safe workplace –
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’ rights under the OSH Act
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:
- Ask OSHA to inspect their workplace;
- Use their rights under the law without retaliation and discrimination;
- Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand;
- Get copies of test results done to find hazards in the workplace;
- Review records of work-related injuries and illnesses;
- Get copies of their medical records;
Who OSHA Covers
Private Sector Workers
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 Workers
Employees 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 Workers
Federal 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:
- Immediate family members of farm employers that do not employ outside employees; and
- Workplace Hazards regulated by another Federal agency (for example, the Mine Safety and Health Administration, the Federal Aviation Administration, the Coast Guard).
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 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 can ask OSHA to Inspect their Workplace
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:
- Go along on the inspection.
- Talk privately with the OSHA inspector.
- Take part in meetings with the inspector and the employer before and after the inspection is conducted.
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:
- Inform employees about hazards through training, labels, alarms, color-coded systems, chemical information sheets and other methods.
- 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, injury and illness data, and the OSHA poster in the workplace where workers will see them.
- Notify OSHA within 8 hours of a workplace incident in which there is a death or when three or more workers go to a hospital.
- Not discriminate or retaliate against a worker for using their rights under the law.
Your right to report injuries
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.
You Cannot be Punished or Discriminated against for using your OSHA Rights
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.
What to do if there is a Dangerous Situation at Work
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.
Additional Information for Workers
Has my employer ever been inspected by OSHA?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.
- Employee Workplace Rights
- Chemical Hazard Communication
- Guidelines For Preventing Workplace Violence For Health Care and Social Service Workers
- Hearing Conservation
- Heat Stress Card
- How To Prepare For Workplace Emergencies
- Job Safety & Health Protection Poster
- OSHA Fact Sheets
- OSHA Inspections
- Personal Protective Equipment
- Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments
- NIOSH Health Hazard Evaluation Program
For more information: https://www.osha.gov/workers.html