OSHA Worker Rights and Resources

The Occupational Safety and Health Act of 1970 gives you the right to work in a place that is free from recognized safety and health hazards. Your employer is required to provide a workplace that does not expose you to serious harm.

As a worker, you have the right to:

• Receive safety training in a language and vocabulary you understand
• Work on machines that are safe
• Refuse dangerous work when conditions meet specific criteria (see below)
• Receive required safety equipment at no cost
• Be protected from exposure to toxic chemicals and know about chemical hazards
• Request an OSHA inspection of your workplace
• Report a work-related injury or illness
• Review records of work-related injuries and illnesses
• See results of workplace tests and monitoring

It is illegal for an employer to fire, demote, transfer, or otherwise retaliate against a worker for exercising these rights or for filing a complaint with OSHA.

Coverage: Federal OSHA covers most private sector workers in all 50 states. In states with OSHA-approved state plans, coverage extends to state and local government workers as well. Federal employees are covered by OSHA, although OSHA cannot fine federal agencies.

For questions, contact OSHA at 1-800-321-6742.

Source: osha.gov/workers

There are two types of complaints you can file with OSHA:

4 Ways to File:

1. Online - Submit a complaint form at osha.gov/workers/file-complaint
2. By phone - Call 1-800-321-6742 (1-800-321-OSHA)
3. By fax, mail, or email - Send to your local OSHA area office
4. In person - Visit your nearest OSHA area office

Source: osha.gov/workers/file-complaint

Under the OSH Act, you may have the right to refuse to perform a task if you believe it puts you in imminent danger of death or serious injury. However, all four of the following conditions must be met:

1. Where possible, you asked your employer to eliminate the danger and the employer failed to do so
2. You refused to work in "good faith," meaning you genuinely believe an imminent danger exists
3. A reasonable person would agree that there is a real danger of death or serious injury
4. There is not enough time to get the hazard corrected through regular enforcement channels (such as requesting an OSHA inspection)

If you believe all four conditions are met:

• Ask your employer to correct the hazard or assign you other work
• Tell your employer that you will not perform the work until the hazard is corrected
• Remain at your worksite until you are ordered to leave

If your employer retaliates against you for refusing dangerous work, contact OSHA within 30 days by calling 1-800-321-OSHA (6742).

Source: osha.gov/workers/right-to-refuse

Section 11(c) of the OSH Act protects workers who report safety and health concerns from employer retaliation. OSHA enforces the whistleblower provisions of more than 20 federal statutes, covering a range of industries and activities.

Complaints of retaliation under the OSH Act must be filed within 30 days of the retaliatory action. Other statutes enforced by OSHA have different filing deadlines, ranging up to 180 days depending on the statute.

Whistleblower complaints can be filed orally or in writing, in any language. You can file by phone, mail, or online.

OSHA's whistleblower protection program is now centralized at whistleblowers.gov.

Source: whistleblowers.gov