OSHA: What to Know About Worker Rights and Protection

OSHA UPDATES

What to Know About Worker Rights and Protection

Are you concerned about health and safety on the job? Learn how OSHA protects you, as well as what to do if you think you are not being protected at work. Here are some frequently asked questions and answers.

Q: What happens after I file a complaint?

A: Each complaint is evaluated by OSHA to determine whether it should be handled as an off-site investigation or an on-site inspection. Written complaints that are signed by workers or their representative and submitted to an OSHA area or regional office are more likely to result in on-site OSHA inspections.

Q: What are my employer’s responsibilities?

A: Employers have the responsibility to provide a safe workplace, including: • A workplace free from serious recognized hazards and compliance with standards, rules and regulations issued under the OSHA Act • Examining workplace conditions to make sure they conform to applicable OSHA standards • Making sure employees have and use safe tools and equipment and properly maintain this equipment • Using color codes, posters, labels or signs to warn employees of potential hazards • Establishing or updating operating procedures and

communicating them so that employees follow safety and health requirements • Providing safety training in a language and vocabulary workers can understand • Developing and implementing a written hazard communication program and training employees on the hazards they are exposed to and proper precautions for employees with hazardous chemicals in the workplace. (A copy of safety data sheets must be readily available.) • Providing medical examinations and training when required by OSHA standards • Posting, in a prominent location within the workplace, the OSHA poster (or the state-plan equivalent) informing employees of their rights and responsibilities. • Reporting to the nearest OSHA office all work-related fatalities within 8 hours, and all work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours. • Keeping records of work-related injuries and illnesses . (Employers with 10 or fewer employees and employers in certain low-hazard industries are exempt from this requirement.) • Providing employees, former employees and their representatives access to the Log of Work-Related Injuries and Illnesses. On Feb. 1, and for three months, covered employers must post the summary of the OSHA log of injuries and illnesses.

• Providing access to employee medical records and exposure records to employees or their authorized representatives. • Providing to the OSHA compliance office the names of authorized employee representatives who may be asked to accompany the compliance officer during an inspection. • Not discriminating against employees who exercise their rights under the act. • Posting OSHA citations at or near the work area involved.

Each citation must remain posted until the violation has been corrected or for three working days, whichever is longer. • Posting abatement verification documents or tags. • Correcting cited violations by the deadline set in the

OSHA citation and submitting required abatement verification documentation. • Encouraging all employers to adopt a safety and health program. Safety and health programs, known by a variety of names, are universal interventions that can substantially reduce the number and severity of workplace injuries and alleviate the associated financial burdens on U.S. workplaces. Many states have requirements or voluntary guidelines for workplace safety and health programs.

Also, numerous employers in the U.S. already manage safety using safety and health programs, and OSHA believes that all employers can and should do the same.

Most successful safety and health programs are based on a common set of key elements. These include management leadership, worker participation and a systematic approach to finding and fixing hazards.

Q: What should I do if there is a dangerous situation at work?

A: If you believe working conditions are unsafe or unhealthy, you may file a complaint with OSHA concerning a hazardous working condition at any time. If possible, bring the condition to your employer’s attention. 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, a worker has brought the condition to the attention of the employer, the worker may have the right to refuse to work in a situation in which he or she would be exposed to the hazard. If you have questions about what to do, contact your local OSHA office, which will keep your information confidential.

Q: What if I am injured at work?

A? If you are injured, call a supervisor for help. If the supervisor is not available, get medical assistance or call 911. All employers must notify OSHA within eight hours of a workplace fatality or within 24 hours of any work-related inpatient hospitalization, amputation or loss of an eye.

Q: Can someone file a complaint for me?

A: Yes, a complaint can be filed on your behalf by an authorized representative or a labor organization or other employee bargaining unit; an attorney; any person acting as a bona fide representative, including members of the clergy, social workers, a spouse and other family members; government officials or nonprofit groups; and organizations acting upon specific complaints and injuries from you or your coworkers. In addition, anyone who knows about a workplace safety or health hazard may report unsafe conditions to OSHA, and OSHA will investigate the concern reported.

Q: What are my rights during an inspection?

A: When the OSHA inspector arrives, workers and their representatives have the right to talk privately with him/her before and after the inspection. A worker representative may also go along on the inspection. 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.

Q: Does OSHA have other resources to help me?

A: Each OSHA region has a labor liaison whose job it is to maintain communication with organized and unorganized workers. Employees can contact the liaison if they need help, if they want to establish a relationship between a group and OSHA or if they want to establish or update a health and safety system in the workplace.

Need to contact OSHA? Call the toll-free number: 1-800321-OSHA (6742)