OSHA 3021
OSHA: Employee Workplace Rights
Updated January 2009 (last printing: 2003 version)
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Employee Rights (Derechos del Empleado)
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Employee Responsibilities (Responsabilidades del Empleado)
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Employer Rights (Derechos del Empleador)
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Employer Responsibilities (Responsabilidades del Empleador)
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OSHA Standards and Workplace Hazards
Right to Know
Access to Exposure and Medical Records
Cooperative Efforts to Reduce Hazards
Worker Rights
| Employee Rights | |
| How the complaint process works | |
| How to file a complaint |
OSHA Inspections
Employee Representative
Helping the Compliance Officer
Observing Monitoring
Reviewing OSHA Form 200
After an Inspection
Challenging Abatement Period
Variances
Confidentiality
Review If No Inspection Is Made
Discrimination for Using Rights
Other Sources of OSHA Assistance
Safety and Health Program Management Guidelines
State Programs
Consultation Services
Voluntary Protection Programs (VPP)
Training and Education
Electronic Information
Emergencies
OSHA Area Offices and OSHA Regional Offices
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OSHA: Employee![]()
Material contained in this publication is in the public domain and may be reproduced, fully or partially, without permission of the Federal Government. Source credit is requested but not required.
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| Review copies of appropriate standards, rules, regulations, and requirements that the employer is required to have available at the workplace; | |
| Request information from the employer on safety and health hazards in the workplace, appropriate precautions to take, and procedures to follow if the employee is involved in an accident or is exposed to toxic substances; | |
| Gain access to relevant employee exposure and medical records; | |
| Request an OSHA inspection if they believe hazardous conditions or violations of standards exist in the workplace; | |
| Accompany an OSHA compliance officer during the inspection tour, or have an authorized employee representative do so; | |
| Respond to questions from the OSHA compliance officer; | |
| Observe any monitoring or measuring of hazardous materials and see the resulting records, as specified under the OSH Act and required by OSHA standards; | |
| Review or have an authorized representative review the employer's Log of Work-Related Occupational Injuries and Illnesses (OSHA 300) at a reasonable time and in a reasonable manner; | |
| Object to the timeframe set by OSHA for the employer to correct a violation by writing to the OSHA area director within 15 working days from the date the employer receives the citation; | |
| Submit a written request to the National Institute for Occupational Safety and Health for information on whether any substance in the workplace has potentially toxic effects in the concentration being used, and, if requested, have their names withheld from the employer; | |
| Be notified if the employer applies for a variance from an OSHA standard, and have an opportunity to testify at a variance hearing and appeal the final decision; | |
| Have their names withheld from their employer, by request to OSHA, if they sign and file a written complaint; | |
| Be advised of OSHA actions regarding a complaint, and request an informal review of any decision not to inspect the site or issue a citation; and | |
| File a complaint if punished or discriminated against for acting as a "whistleblower" under the OSH Act or 13 other federal statutes for which OSHA has jurisdiction, or for refusing to work when faced with imminent danger of death or serious injury and there is insufficient time for OSHA to inspect. |
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| A list of the hazardous chemicals in each workplace and material safety data sheets for each; | |
| Methods the employer uses to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels) and the hazards associated with chemicals in unlabeled pipes in their work areas; and | |
| A description of methods the employer at a multi-employer worksite will use to inform other employers at the site of the hazards to which their employees may be exposed. |
| The employer has informed workers of the variance application; | |
| The employee representative receives a copy of the variance application; and | |
| The employer has posted a summary of the application wherever notices are normally posted in the workplace. |
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| Point out hazards; | |
| Describe accidents or illnesses that resulted from those hazards; | |
| Discuss past worker complaints about hazards; and | |
| Inform the inspector if working conditions are not normal during the inspection. |
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| Complaining to the employer, union, OSHA, or any other government agency about job safety and health hazards; and | |
| Participating in OSHA inspections, conferences, hearings, or other OSHA-related activities. |
| Occupational Safety and Health Act of 1970 (30 days) Provides discrimination protection for employees who exercise a variety of rights guaranteed under the Act, such as filing a safety and health complaint with OSHA and participating in an inspection. | |
| Surface Transportation Assistance Act (180 days) Provides discrimination protections for truck drivers and other employees relating to the safety of commercial motor vehicles. Coverage includes all buses for hire and freight trucks with a gross vehicle weight greater than 10,001 pounds. | |
| Asbestos Hazard Emergency Response Act (90 days) Provides discrimination protection for individuals who report violations of environmental laws relating to asbestos in elementary and secondary school systems, public or private. | |
| International Safety Container Act (60 days) Provides discrimination protection for employees who report violations of the Act, which regulates shipping containers. | |
| Energy Reorganization Act (180 days) Provides discrimination protection for employees of operators and subcontractors of nuclear power plants licensed by the Nuclear Regulatory Commission and for employees of contractors working under contract with the Department of Energy. | |
| Clean Air Act (30 days) Provides discrimination protection for employees who report violations of the Act, which provides for the development and enforcement of standards regarding air quality and air pollution. | |
| Safe Drinking Water Act (30 days) Provides discrimination protection for employees who report violations of the Act, which requires that all drinking water systems in public buildings and new construction of all types be lead free. | |
| Federal Water Pollution Control Act (30 days) Provides discrimination protection for employees who report hazardous pollution of waters that provide a natural habitant for living things. Also called the Clean Water Act. | |
| Toxic Substances Control Act (30 days) Provides discrimination protection for employees who report violations of regulations involving the manufacture, distribution, and use of certain toxic substances. | |
| Solid Waste Disposal Act (30 days) Provides discrimination protection for employees who exercise certain rights under the Act, which provides assistance for the development of facilities for the recovery of energy and other resources from discarded materials and regulates hazardous waste management. Also called the Resource Conservation and Recovery Act. | |
| Comprehensive Environmental Response, Compensation, and Liability
Act (30 days) Provides discrimination protection for employees who exercise rights under the Act, which provides liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and for the cleanup of inactive hazardous waste disposal sites. | |
| Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century (90 days) Provides discrimination protection for employees of air carriers, contractors, or subcontractors of air carriers who raise safety concerns. | |
| Corporate and Criminal Fraud Accountability Act of 2002
(90 days) Provides discrimination protection for employees of publicly traded companies or brokerage firms or their contractors, subcontractors, or agents, who report violations of the Act, which covers mail, wire, bank, or securities fraud or violations of laws related to fraud against stockholders. | |
| Pipeline Safety Improvement Act of 2002 (180 days) Provides discrimination protection for employees who report violations of the federal law regarding pipeline safety and security or who refuse to violate such provisions. |
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| Read the OSHA poster at the jobsite; | |
| Comply with all applicable OSHA standards; | |
| Follow all lawful employer safety and health rules and regulations, and wear or use prescribed protective equipment while working; | |
| Report hazardous conditions to the supervisor; | |
| Report any job-related injury or illness to the employer, and seek treatment promptly; | |
| Cooperate with the OSHA compliance officer conducting an inspection if he or she inquires about safety and health conditions in the workplace; and | |
| Exercise rights under the OSH Act in a responsible manner. |
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| Management leadership and employee involvement, | |
| Worksite analysis, | |
| Hazard prevention and control, and | |
| Safety and health training. |
| Recognize employers who that have successfully developed and implemented effective and comprehensive safety and health management programs; | |
| Encourage these employers to continuously improve their safety and health management programs; | |
| Motivate other employers to achieve excellent safety and health results in the same outstanding way; and | |
| Establish a cooperative relationship between employers, employees, and OSHA. |
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