OSHA 3021 OSHA Employee Workplace Rights

OSHA: Employee
Workplace Rights


U.S. Department of Labor
Occupational Safety and Health Administration

OSHA 3021
1997 (Revised)

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.

Voice phone: (202) 219-8615;

Telecommunications Device for the Deaf (TDD) message referral phone: 1-800-326-2577.

OSHA Standards and Workplace Hazards
Right to Know
Access to Exposure and Medical Records
Cooperative Efforts to Reduce Hazards

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

Employee Responsibilities

Contacting NIOSH

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 Related Publications

States with Approved Plans

OSHA Consultation Project Directory

OSHA Area Offices

OSHA Regional Offices



Introduction

In so doing, this gave employees many new rights and responsibilities, including the right to do the following:

• Review copies of appropriate standards, rules, regulations, and requirements that the employer should have available at the workplace.

• Request information from the employer on safety and health hazards in the workplace, precautions that maybe taken, and procedures to be followed if the employee is involved in an accident or is exposed to toxic substances.

• Have access to relevant employee exposure and medical records.

• Request the OSHA area director to conduct an inspection if they believe hazardous conditions or violations of standards exist in the workplace.

• Have an authorized employee representative accompany the OSHA compliance officer during the inspection tour.

• Respond to questions from the OSHA compliance officer, particularly if there is no authorized employee representative accompanying the compliance officer on the inspection "walkaround."

• Observe any monitoring or measuring of hazardous materials and see the resulting records, as specified under the OSH Act, and as required by OSHA standards.

• Have an authorized representative, or themselves, review the Log and Summary of Occupational Injuries (OSHA No. 200) at a reasonable time and in a reasonable manner.

• Object to the abatement period set by OSHA for correcting any violation in the citation issued to the employer 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 (NIOSH) for information on whether any substance in the workplace has potentially toxic effects in the concentration being used, and have their names withheld from the employer, if so requested.

• Be notified by the employer if the employer applies for a variance from an OSHA standard, and testify at a variance hearing, and appeal the final decision.

• Have their names withheld from their employer, upon 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 or to issue a citation.

• File a Section 11(c) discrimination complaint if punished for exercising the above rights or for refusing to work when faced with imminent danger of death or serious injury and there is insufficient time for OSHA to inspect; or file a Section 31105 reprisal complaint (under the Surface Transportation Assistance Act (STAA)).

Pursuant to Section 18 of the Act, states can develop and operate their own occupational safety and health programs under state plans approved and monitored by Federal OSHA. States that assume responsibility for their own occupational safety and health programs must have provisions at least as effective as those of Federal OSHA, including the protection of employee rights. There are currently 25 state plans. Twenty-one states and two territories administer plans covering both private and state and local government employment; and two states cover only the public sector. All the rights and responsibilities described in this booklet are similarly provided by state programs. (See list of those states at the end of this booklet.)

Any interested person or groups of persons, including employees, who have a complaint concerning the operation or administration of a state plan may submit a Complaint About State Program Administration (CASPA) to the appropriate OSHA regional administrator (See lists at the end of this booklet.) Under CASPA procedures, the OSHA regional administrator investigates these complaints and informs the state and the complainant of these findings. Corrective action is recommended when required.

The employer has a legal obligation to inform employees of OSHA safety and health standards that apply to their workplace. Upon request, the employer must make available copies of those standards and the OSHA law itself. If more information is needed about workplace hazards than the employer can supply, it can be obtained from the nearest OSHA area office.

Under the OSH Act, employers have a general duty to provide work and a workplace free from recognized hazards. Citations may be issued by OSHA when violations of standards are found and for violations of the general duty clause, even if no OSHA standard applies to the particular hazard.

The employer also must display in a prominent place the official OSHA poster that describes rights and responsibilities under the OSH Act.

Employers must establish a written, comprehensive hazard communication program that includes provisions for container labeling, material safety data sheets, and an employee training program. The program must include a list of the hazardous chemicals in each work area, the means the employer uses to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), hazards associated with chemicals in unlabeled pipes, and the way the employer will inform other employers of the hazards to which their employees may be exposed.

Employers must inform employees of the existence, location, and availability of their medical and exposure records when employees first begin employment and at least annually thereafter. Employers also must provide these records to employees or their designated representatives, upon request. Whenever an employer plans to stop doing business and there is no successor employer to receive and maintain these records, the employer must notify employees of their right of access to records at least 3 months before the employer ceases to do business. OSHA standards require the employer to measure exposure to harmful substances, the employee (or representative) has the right to observe the testing and to examine the records of the results. If the exposure levels are above the limit set by the standard, the employer must tell employees what will be done to reduce the exposure.

OSHA encourages employers and employees to work together to reduce hazards. Employees should discuss safety and health problems with the employer, other workers, and union representatives (if there is a union). Information on OSHA requirements can be obtained from the OSHA area office. If there is a state occupational safety and health program, similar information can be obtained from the state. OSHA provides special recognition through its Voluntary Protection Programs (VPP's) to worksites where employers and employees work together to achieve safety and health excellence (See page 16).



OSHA Inspections

Under Section 8(e) of the Act, the workers' representative has a right to accompany an OSHA compliance officer (also referred to as a compliance safety and health officer, CSHO, or inspector) during an inspection. The representative must be chosen by the union (if there is one) or by the employees. Under no circumstances may the employer choose the workers' representative.

If employees are represented by more than one union, each union may choose a representative. Normally, the representative of each union will not accompany the inspector for the entire inspection, but will join the inspection only when it reaches the area where those union members work.

An OSHA inspector may conduct a comprehensive inspection of the entire workplace or a partial inspection limited to certain areas or aspects of the operation.

Workers have a right to talk privately to the compliance officer on a confidential basis whether or not a workers' representative has been chosen.

Workers are encouraged to point out hazards, describe accidents or illnesses that resulted from those hazards, describe past worker complaints about hazards, and inform the inspector if working conditions are not normal during the inspection.

If health hazards are present in the workplace, a special OSHA health inspection maybe conducted by an industrial hygienist. This OSHA inspector may take samples to measure levels of dust, noise, fumes, or other hazardous materials.

OSHA will inform the employee representative as to whether the employer is in compliance. The inspector also will gather detailed information about the employer's efforts to control health hazards, including results of tests the employer may have conducted.

If the employer has more than 10 employees, the employer must maintain records of all work-related injuries and illnesses, and the employees or their representative have the right to review those records. Some industries with very low injury rates (e.g., insurance and real estate offices) are exempt from recordkeeping.

Work-related minor injuries must be recorded if they resulted in restriction of work or motion, loss of consciousness, transfer to another job, termination of employment, or medical treatment (other than first-aid). All recognized work-related illnesses and non-minor injuries also must be recorded.



After an Inspection

If it is not practical to hold a joint conference, separate conferences will be held, and OSHA will provide written summaries, on request.

During the closing conference, the employee representative may describe, if not reported already, what hazards exist, what should be done to correct them, and how long it should take. Other facts about the history of health and safety conditions at the workplace may also be provided.

Whether or not the employer accepts OSHA's actions, the employee (or representative) has the right to contest the time OSHA allows for correcting a hazard.

This contest must be filed in writing with the OSHA area director within 15 working days after the citation is issued. The contest will be decided by the Occupational Safety and Health Review Commission. The Review Commission is an independent agency and is not part of the Department of Labor.

Some employers may not be able to comply fully with a new safety and health standard in the time provided due to shortages of personnel, materials or equipment. In situations like these, employers may apply to OSHA for a temporary variance from the standard. In other cases, employers may be using methods or equipment that differ from those prescribed by OSHA, but which the employer believes are equal to or better than OSHA's requirements, and would qualify for consideration as a permanent variance. Applications for a permanent variance must basically contain the same information as those for temporary variances.

The employer must certify that workers have been informed of the variance application, that a copy has been given to the employee's representative, and that a summary of the application has been posted wherever notices are normally posted in the workplace. Employees also must be informed that they have the right to request a hearing on the application.

Employees, employers, and other interested groups are encouraged to participate in the variance process. Notices of variance application are published in the Federal Register inviting all interested parties to comment on the action.

OSHA will not tell the employer who requested the inspection unless the complainant indicates that he or she has no objection.

The OSHA area director evaluates the complaint from the employee or representative and decides whether it is valid. If the area director decides not to inspect the workplace, he or she will send a certified letter to the complainant explaining the decision and the reasons for it. Complainants must be informed that they have the right to request further clarification of the decision from the area director; if still dissatisfied, they can appeal to the OSHA regional administrator for an informal review. Similarly, a decision by an area director not to issue a citation after an inspection is subject to further clarification from the area director and to an informal review by the regional administrator.

Employees have a right to seek safety and health on the job without fear of punishment. That right is spelled out in Section 11(c) of the Act. The law says the employer "shall not" punish or discriminate against employees for exercising such rights as complaining to the employer, union, OSHA, or any other government agency about job safety and health hazards; or for participating in OSHA inspections, conferences, hearings, or other OSHA-related activities.

Although there is nothing in the OSHA law that specifically gives an employee the right to refuse to perform an unsafe or unhealthful job assignment, OSHA's regulations, which have been upheld by the U.S. Supreme Court, provide that an employee may refuse to work when faced with an imminent danger of death or serious injury. The conditions necessary to justify a work refusal are very stringent, however, and a work refusal should be an action taken only as a last resort. If time permits, the unhealthful or unsafe condition must be reported to OSHA or other appropriate regulatory agency.

A state that is administering its own occupational safety and health enforcement program pursuant to Section 18 of the Act must have provisions as effective as those of Section 11(c) to protect employees from discharge or discrimination. OSHA, however, retains its Section 11(c) authority in all states regardless of the existence of an OSHA-approved state occupational safety and health program.

Workers believing they have been punished for exercising safety and health rights must contact the nearest OSHA office within 30 days of the time they learn of the alleged discrimination. A representative of the employee's choosing can file the 11(c) complaint for the worker. Following a complaint, OSHA will contact the complainant and conduct an in depth interview to determine whether an investigation is necessary.

If evidence supports the conclusion that the employee has been punished for exercising safety and health rights, OSHA will ask the employer to restore that worker's job, earnings, and benefits. If the employer declines to enter into a voluntary settlement, OSHA may take the employer to court. In such cases, an attorney of the Department of Labor will conduct litigation on behalf of the employee to obtain this relief.

Section 31105 of the Surface Transportation Assistance Act was enacted on January 6, 1983, and provides protection from reprisal by employers for truckers and certain other employees in the trucking industry involved in activity related to commercial motor vehicle safety and health. Secretary of Labor's Order No. 9-83 (48 Federal Register 35736, August 5, 1983) delegated to the Assistant Secretary of OSHA the authority to investigate and to issue findings and preliminary orders under Section 31105.

Employees who believe they have been discriminated against for exercising their rights under Section 31105 may file a complaint with OSHA within 180 days of the discrimination. OSHA will then investigate the complaint, and within 60 days after it was filed, issue findings as to whether there is a reason to believe Section 31105 has been violated.

If OSHA finds that a complaint has merit, the agency also will issue an order requiring, where appropriate, abatement of the violation, reinstatement with back pay and related compensation, payment of compensatory damages, and the payment of the employee's expenses in bringing the complaint. Either the employee or employer may object to the findings. If no objection is filed within 30 days, the finding and order are final. If a timely filed objection is made, however, the objecting party is entitled to a hearing on the objection before an Administrative Law Judge of the Department of Labor.

Within 120 days of the hearing, the Secretary will issue a final order. A party aggrieved by the final order may seek judicial review in a court of appeals within 60 days of the final order.

The following activities of truckers and certain employees involved in commercial motor vehicle operation are protected under Section 31105:

• Filing of safety or health complaints with OSHA or other regulatory agency relating to a violation of a commercial motor vehicle safety rule, regulation, standard, or order.

• Instituting or causing to be instituted any proceedings relating to a violation of a commercial motor vehicle safety rule, regulation, standard or order.

• Testifying in any such proceedings relating to the above items.

• Refusing to operate a vehicle when such operation constitutes a violation of any Federal rules, regulations, standards or orders applicable to commercial motor vehicle safety or health; or because of the employee's reasonable apprehension of serious injury to himself or the public due to the unsafe condition of the equipment.

• Complaining directly to management, co-workers, or others about job safety or health conditions relating to commercial motor vehicle operation.

Complaints under Section 31105 are filed in the same manner as complaints under 11(c). The filing period for Section 31105 is 180 days from the alleged discrimination, rather than 30 days as under Section 11(c).

In addition, Section 211 of the Asbestos Hazard Emergency Response Act provides employee protection from discrimination by school officials in retaliation for complaints about asbestos hazards in primary and secondary schools.

The protection and procedures are similar to those used under Section 11(c) of the OSH Act. Section 211 complaints must be filed within 90 days of the alleged discrimination.

Finally, Section 7 of the International Safe Container Act also provides employee protection from discrimination in retaliation for safety or health complaints about intermodal cargo containers designed to be transported interchangeably by sea and land carriers. The protection and procedures are similar to those used under Section 11(c) of the OSH Act. Section 7 complaints must be filed within 60 days of the alleged discrimination.



Employee Responsibilities

• 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.

• Exercise rights under the Act in a responsible manner.

National Institute for Occupational Safety and Health
Centers for Disease Control
1600 Clifton Road
Atlanta, Georgia 30333
Telephone: 404-639-3061

NIOSH will keep confidential the name of the person who asked for help if requested to do so.

Effective management of worker safety and health protection is a decisive factor in reducing the extent and severity of work-related injuries and illnesses and their related costs. To assist employers and employees in developing effective safety and health programs, OSHA published recommended Safety and Health Program Management Guidelines (Federal Register 54(16): 3904-3916, January 26, 1989). These voluntary guidelines apply to all places of employment covered by OSHA.

The guidelines identify four general elements that are critical to the development of a successful safety and health management program:

• Management commitment and employee involvement,

• Worksite analysis,

• Hazard prevention and control, and

• Safety and health training.

The guidelines recommend specific actions, under each of these general elements, to achieve an effective safety and health program. A single free copy of the guidelines can be obtained from the OSHA Publications Office, U.S. Department of Labor, OSHA/OSHA Publications, P.O. Box 37535, Washington, DC 20013-7535, by sending a self-addressed mail label with your request.

The Occupational Safety and Health Act of 1970 encourages states to develop and operate their own job safety and health plans. OSHA approves and monitors these plans. There are currently 25 state plan states; 23 of these states administer plans covering both private and public (state and local government) employment; the other 2 states, Connecticut and New York, cover the public sector only.

The 25 states and territories with their own OSHA-approved occupational safety and health plans must adopt standards identical to, or at least as effective as, the federal standards. Until a state standard is promulgated, OSHA will provide interim enforcement assistance, as appropriate, in these states. A listing of states with approved plans appears at the end of this booklet.

Consultation assistance is available on request to employers who want help in establishing and maintaining a safe and healthful workplace. Largely funded by OSHA, the service is provided at no cost to the employer. Primarily developed for smaller employers with more hazardous operations, the consultation service is delivered by state governments employing professional safety and health consultants. Comprehensive assistance includes an appraisal of all mechanical systems, physical work practices, and occupational safety and health hazards of the workplace and all aspects of the employer's present job safety and health program. In addition, the service offers assistance to employers in developing and implementing an effective safety and health program. No penalties are proposed or citations issued for hazards identified by the consultant.

For more information concerning consultation assistance, see the list of consultation projects listed at the end of this publication.

Voluntary Protection Programs and onsite consultation services, when coupled with an effective enforcement program, expand worker protection to help meet the goals of the OSH Act. The three VPPs -- Star, Merit, and Demonstration -- are designed to recognize outstanding achievements by companies that have successfully incorporated comprehensive safety and health programs into their total management system. The VPPs motivate others to achieve excellent safety and health results in the same outstanding way as they establish a cooperative relationship between employers, employees, and OSHA.

For additional information on VPPs and how to apply, contact the OSHA regional offices listed at the end of this publication.

OSHA's area offices offer a variety of information services, such as publications, audiovisual aids, technical advice, and speakers for special engagements. OSHA's Training Institute in Des Plaines, IL, provides basic and advanced courses in safety and health for federal and state compliance officers, state consultants, federal agency personnel, and private sector employers, employees, and their representatives.

The OSHA Training Institue also has established OSHA Training Institute Education Centers to address the increased demand for its courses from the private sector and from other federal agencies. These centers are nonprofit colleges, universities, and other organizations that have been selected after a competition for participation in the program. They are located in various parts of the U.S.

OSHA also provides funds to nonprofit organizations, through grants, to conduct workplace training and education in subjects where OSHA believes there is a lack of workplace training. Grants are awarded annually. Grant recipients are expected to contribute 20 percent of the total grant cost.

For more information on grants, training and education, contact the OSHA Training Institute, Office of Training and Education, 1555 Times Drive, Des Plaines, IL 60018, (847) 297-4810.

For further information on any OSHA program, contact your nearest OSHA area or regional office listed at the end of this publication.

Internet -- OSHA standards, interpretations, directives, and additional information are now on the World Wide Web at http://www.osha.gov.

CD-ROM -- A wide variety of OSHA materials, including standards, interpretations, directives, and more, can be purchased on the OSHA CD-ROM from the U.S. Government Printing Office.

For life-threatening situations, call (800) 321-OSHA. Complaints will go immediately to the nearest OSHA area or state office for help.

For further information on any OSHA program, contact your nearest OSHA area or regional office listed at the end of this publication.



Other OSHA Related Publications

All About OSHA - OSHA 2056

Chemical Hazard Communication - OSHA 3084

Hearing Conservation - OSHA 3074

Personal Protective Equipment - OSHA 3077

Respiratory Protection - OSHA 3079

The following items are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 783-3238; or fax to 202-512-2250.

Hazard Communication - A Compliance Kit (OSHA 3104) (A reference guide to step-by-step requirements for compliance with the OSHA standard.) Order No. 029-016-00147-6; Cost $18.00 domestic; $22.50 foreign.)

Controlling Electrical Hazards - OSHA 3075
Order NO.029-016-00126-3 Cost $1.00

Hand and Power Tools - OSHA 3080
Order NO.029-016-00143-3 Cost $1.00



States with Approved Plans

Director
Industrial Commission of Arizona
800 W. Washington
Phoenix, AZ 85007
(602) 542-5795

Director
California Department of Industrial Relations
45 Fremont Street
San Francisco, CA 94105
(415) 972-8835

Commissioner
Connecticut Department of Labor
200 Folly Brook Boulevard
Wethersfield, CT 06109
(860) 566-5123

Director
Hawaii Department of Labor and Industrial Relations
830 Punchbowl Street
Honolulu, HI 96813
(808) 586-8844

Commissioner
Indiana Department of Labor
State Office Building
402 West Washington Street
Room W195
Indianapolis, IN 46204
(317) 232-2378

Commissioner
Iowa Division of Labor Services
1000 E. Grand Avenue
Des Moines, IA 50319
(515) 281-3447

Secretary
Kentucky Labor Cabinet
1047 U.S. Highway, 127 South,
Suite 2
Frankfort, KY 40601
(502) 564-3070

Commissioner
Maryland Division of Labor and Industry
Department of Labor Licensing and Regulation
1100 N. Eutaw Street, Room 612
Baltimore, MD 21202-2206
(410) 767-2215

Director
Michigan Department of Consumer and Industry Services
4th Floor, Law Building
P.O. Box 30004
Lansing, MI 48909
(517) 373-7230

Commissioner
Minnesota Department of Labor and Industry
443 Lafayette Road
St. Paul, MN 55155
(612) 296-2342

Administrator
Nevada Division of Industrial Relations
400 West King Street
Carson City, NV 89710
(702) 687-3032

Secretary
New Mexico Environment Department
1190 St. Francis Drive
P.O. Box 26110
Santa Fe, NM 87502
(505) 827-2850

Commissioner
New York Department of Labor
W. Averell Harriman State Office
Building -12
Room 500
Albany, NY 12240
(518) 457-2741

Commissioner
North Carolina Department of Labor
319 Chapanoke Road
Raleigh, NC 27603
(919) 662-4585

Administrator
Department of Consumer and Business Services
Occupational Safety and Health Division (OR-OSHA)
Labor and Industries Building
Room 430
Salem, OR 97310
(503) 378-3272

Secretary
Puerto Rico Department of Labor and Human Resources
Prudencio Rivera Martinez Building
505 Munoz Rivera Avenue
Hato Rey, PR 00918
(809) 754-2119

Director
South Carolina Department of Labor, Licensing, and Regulation
110 Centerview Drive
P.O. Box 11329
Columbia, SC 29210
(803) 896-4300

Commissioner
Tennessee Department of Labor
Attention: Robert Taylor
710 James Robertson Parkway
Nashville, TN 37243-0659
(615) 741-2582

Commissioner
Industrial Commission of Utah
160 East 300 South, 3rd Floor
P.O. Box 146600
Salt Lake City, UT 84114-6600
(801) 530-6898

Commissioner
Vermont Department of Labor and Industry
National Life Building - Drawer 20
120 State Street
Montpelier, VT 05620
(802) 828-2288

Commissioner
Virgin Islands Department of Labor
2131 Hospital Street Box 890
Christiansted St. Croix, VI 00820-4666
(809) 773-1994

Commissioner
Virginia Department of Labor and Industry
Powers-Taylor Building
13 South 13th Street
Richmond, VA 23219
(804) 786-2377

Director
Washington Department of Labor and Industries
General Administration Building
P.O. Box 44001
Olympia, WA 98504-4001
(360) 902-4200

Administrator
Workers' Safety and Compensation Division (WSC)
Wyoming Department of Employment
Herschler Building
2nd Floor East
122 West 25th Street
Cheyenne, WY 82002
(307) 777-7786




OSHA Consultation Project Directory

Region II
(NJ, NY,* PR,* VI*)
201 Varick Street
Room 670
New York, NY 10014
Telephone: (212) 337-2378

Region III
(DC, DE, MD,* PA, VA,* WV)
Gateway Building, Suite 2100
3535 Market Street
Philadelphia, PA 19104
Telephone: (215) 596-1201

Region IV
(AL, FL, GA, KY,* MS, NC, SC,* TN*)
Atlanta Federal Center
61 Forsyth Street, S. W., Room 6T50
Atlanta, GA 30303
Telephone: (404) 562-2300

Region V
(IL, IN,* MI,* MN,* OH, WI)
230 South Dearborn Street
Room 3244
Chicago, IL 60604
Telephone: (312) 353-2220

Region VI
(AR, LA, NM,* OK, TX)
525 Griffin Street
Room 602
Dallas, TX 75202
Telephone: (214) 767-4731

Region VII
(IA,* KS, MO, NE)
City Center Square
1100 Main Street, Suite 800
Kansas City, MO 64105
Telephone: (816) 426-5861

Region VIII
(CO, MT, ND, SD, UT,* WY*)
1999 Broadway, Suite 1690
Denver, CO 80202-5716
Telephone: (303) 844-1600

Region IX
(American Samoa, AZ,* CA,* Guam, HI,* NV,* Trust Territories of the Pacific)
71 Stevenson Street
Room 420
San Francisco, CA 94105
Telephone: (415) 975-4310

Region X
(AK,* ID, OR,* WA*)
1111 Third Avenue
Suite 715
Seattle, WA 98101-3212
Telephone: (206) 553-5930

Footnote(*) These states and territories operate their own OSHA-approved job safety and health programs (Connecticut and New York plans cover public employees only). States with approved programs must have a standard that is identical to, or at least as effective as, the federal standard. (Back to Text)