What Are Employee Rights Under OSHA?

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Working environments are ideally safe and healthy spaces where individuals can perform their duties without fear of injury or illness. The Occupational Safety and Health Administration (OSHA) plays a vital role in upholding this ideal across American workplaces. For employees, knowing your rights under OSHA is paramount to ensuring your well-being and holding employers accountable for providing a secure work environment. This article outlines the fundamental rights afforded to workers under OSHA, detailing what you can expect and how to act if your safety is at risk.

The attorneys at OSHA Injury Attorney are dedicated to helping injured workers navigate the complexities of OSHA regulations and pursue the compensation they deserve when their employer has failed to provide a safe workplace.

The Right to a Safe Workplace

At its core, OSHA’s mandate is to assure safe and healthful working conditions for working men and women. This means you have a fundamental right to a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm. Your employer is obligated to comply with all OSHA safety and health standards. This includes providing a workplace free from excessive noise, hazardous chemicals, dangerous machinery, and unsanitary conditions. It also extends to ensuring proper training, providing necessary personal protective equipment (PPE), and maintaining accurate records of workplace injuries and illnesses.

The Right to Information About Hazards

You have a right to know about hazardous chemicals and materials used in your workplace. Employers are required to provide information about the identities of hazardous chemicals, their associated dangers, and appropriate protective measures. This is often accomplished through Safety Data Sheets (SDS) and proper labeling of containers. If you work with chemicals, your employer must also provide training on how to handle them safely, including emergency procedures. This right to information extends to knowing about past injuries and illnesses in your workplace, as well as exposure to toxic substances.

The Right to Request an OSHA Inspection

If you believe there are unsafe or unhealthy conditions in your workplace, you have the right to request an OSHA inspection. This can be done anonymously if you choose. OSHA takes employee complaints seriously, and about 50% of OSHA inspections are triggered by employee complaints. Your complaint should describe the hazard clearly, providing as much detail as possible, such as specific locations, equipment involved, and the nature of the hazard. OSHA will then determine if an inspection is warranted.

The Right to Accompany the Inspector During an Inspection

When an OSHA inspector arrives at your workplace, you have the right to accompany them during the “walkaround” portion of the inspection. This allows you to point out hazards, provide information, and ensure that the inspection is thorough. You can designate a representative, such as a union representative, a safety committee member, or another employee, to accompany the inspector on your behalf. This right is essential for ensuring your concerns are heard and accurately conveyed to the inspector. You also have the right to take notes and photographs during the inspection, and to provide information about workplace hazards.

The Right to Speak Privately with the Inspector

During an OSHA inspection, the inspector may want to interview employees privately to gather information about safety practices and concerns. You have the right to speak with the OSHA inspector confidentially and without your employer present. This protects you from potential retaliation and allows you to share your concerns openly and honestly. The inspector is obligated to maintain your confidentiality if you request it.

The Right to File a Complaint Without Retaliation

OSHA prohibits employers from retaliating against employees for exercising their safety and health rights. This means your employer cannot fire you, demote you, reduce your pay, or discriminate against you in any way for reporting a hazard, requesting an inspection, or participating in an OSHA investigation. If you believe you have been retaliated against for exercising your OSHA rights, you have the right to file a complaint with OSHA. This is a protected activity, and OSHA will investigate your claim.

The Right to See OSHA Citations

If OSHA issues citations to your employer for violations of safety and health standards, your employer must post a copy of each citation at or near the place where the violation occurred. This allows you to see the violations identified, the proposed penalties, and the deadline for your employer to correct the hazards. You also have the right to request a copy of the inspection report. Knowing about these citations helps you stay informed about your workplace’s safety status.

The Right to Object to the Abatement Period

When OSHA issues a citation, it includes a deadline for the employer to correct the identified hazard, known as the abatement period. If you believe the abatement period is unreasonable or that your employer has not adequately corrected the hazard, you have the right to object to the abatement period. You can do this by filing a “Notice of Contest” with OSHA. This ensures that hazards are addressed in a timely and effective manner.

The Right to Receive Training

You have the right to receive training from your employer on a variety of safety and health topics relevant to your job. This includes training on hazardous chemicals, lockout/tagout procedures, fall protection, and the safe operation of machinery. Adequate training is a cornerstone of workplace safety and helps prevent accidents and injuries. If you feel you have not received sufficient training to safely perform your job, you have the right to raise this concern.

The Right to Personal Protective Equipment (PPE)

Your employer is generally required to provide you with appropriate personal protective equipment (PPE) when hazards cannot be eliminated through engineering or administrative controls. This might include hard hats, safety glasses, gloves, respirators, and fall protection harnesses. Employers must ensure that PPE fits properly, is maintained, and that employees are trained on its correct use. You have the right to use PPE that protects you from identified hazards.

The Right to Access Your Medical and Exposure Records

You have the right to access your medical and exposure records related to your work. This includes records of any exposure to toxic substances or harmful physical agents, as well as any medical examinations or treatments related to your work. This information can be vital for monitoring your health and identifying any long-term effects of workplace exposures. Employers are required to maintain these records for specific periods and make them available to you upon request.

The Right to Participate in Safety and Health Committees

Many workplaces have safety and health committees where employees and management work together to identify and address safety concerns. You have the right to participate in these committees and contribute to creating a safer work environment. Employee involvement in safety initiatives is a key element of a proactive safety culture and can significantly improve workplace safety.

The Right to Seek Compensation for Injuries

If you are injured on the job as a result of an OSHA violation or an unsafe working condition, you may be entitled to compensation beyond workers’ compensation benefits. This is where an experienced OSHA injury lawyer can provide significant assistance. Such legal professionals can help you navigate the complex process of seeking compensation for your injuries, which may include medical expenses, lost wages, and pain and suffering. They possess knowledge of OSHA regulations and relevant laws, can assist with filing claims, and can represent you in negotiations or court if necessary.

Remember, your safety and well-being at work are protected by law. Familiarizing yourself with these rights empowers you to advocate for a safe and healthy workplace. If you have been injured on the job or have concerns about unsafe working conditions, do not hesitate to consult with a qualified legal professional.

Injured Due to an OSHA Violation? Know Your Rights. Contact OSHA Injury Attorney Today.

The complexities of workplace safety regulations and the legal avenues available to injured employees can be challenging to navigate alone. If you have questions about your rights under OSHA, or if you have suffered an injury due to an OSHA violation, seeking legal counsel is a prudent step. The attorneys at OSHA Injury Attorney are prepared to discuss your situation, offer clear guidance, and help ensure your rights are protected throughout the process.

OSHA – Workers’ Rights and Protections

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The Occupational Safety and Health Administration (OSHA) was created in 1970 to provide workers with the right to a healthy and safe work environment. This means that either all hazards are removed or, if they cannot be removed, workers are given the necessary safeguards and training to protect them from harm. 

OSHA covers most private-sector employers in the United States. Exclusions from OSHA include federal and state governments, churches, and self-employed individuals. Unless an employer is sure they are exempt from OSHA regulations, the assumption is that all standards apply. 

Penalties for OSHA violations can be harsh. If an employer violates OSHA regulations, they can be subject to fines and even face imprisonment. And failing to adhere to OSHA regulations can be strong evidence of negligence in a personal injury case after an accident. 

OSHA – Workers’ Rights and Protections

If you are a worker in just about any industry, OSHA gives you the right to a safe and healthy work environment. Here are some of the specifics of workers’ rights and protections under OSHA. 

1. The Right to a Safe and Healthy Workplace

First and foremost, OSHA gives every employee the right to a healthy and safe workplace. Various OSHA regulations apply to different industries (construction, healthcare, maritime, agriculture, etc.) to achieve this goal. Examples of some standards include those for respiratory protection, fall protection, and access to personal protective equipment (PPE). 

2. The Right to Workplace Safety Training

According to OSHA, every employee has the right to receive workplace training regarding the presence of dangerous chemicals present in the workplace and their potential adverse effects. Employees should learn what they can and should do to keep themselves safe and what to do in the event of exposure or an accident. 

3. The Right to Obtain Information from Your Employer

If you have questions about what regulations and standards OSHA has, you have the right to approach your employer and ask for this information. As a worker, you also have the right to request information specific to your place of work, such as a review of the Log and Summary of Occupational Injuries and Illnesses and any relevant medical or exposure records that don’t violate someone else’s right to privacy. 

4. The Right to Request That Your Employer Take Action

If you have a workplace safety or health concern that relates to some type of hazard, you have the right to request that your employer take action to address the problem. This is the case even if the issue doesn’t constitute a specific OSHA violation. 

5. The Right to File a Complaint

If you believe there are safety or health hazards in your workplace or suspect that your employer is in violation of OSHA regulations, you have the right to file an OSHA complaint. You can also request that your complaint be confidential. Workers can file OSHA complaints via phone, mail, telephone, fax, online, or in person. 

6. The Right to Participate in Inspections and Learn the Results

Employees have the right to have a representative in attendance during an OSHA inspection. During this inspection, either the employee or their representative can voice their concerns to the OSHA inspector. During this inspection, the employee should provide as much documentation of their concerns as possible. 

7. The Right to Take Part in Meetings

Your employer may object to deadlines established by OSHA or citations they’ve been required to pay. If there are meetings discussing these issues, you have a right to attend these meetings. 

8. The Right to Appeal Decisions

If you do not agree with OSHA’s established deadlines for your employer to address various workplace hazards, you have the right to file an appeal. 

9. The Right to File a Whistleblower Complaint

Many employees fear retaliation from their employers if they report concerns. According to OSHA, workers are protected from retaliation, which may include firing or any form of workplace discrimination, due to reporting safety hazards or violations to OSHA. 

10. The Right to Request a Research Investigation

You have the right to make a request through the National Institute for Occupational Safety and Health for a research investigation if you have concerns about toxic substances in your workplace. 

Learn More About Workers’ Rights and Protections

OSHA’s standards were created to protect workers’ safety and health, not to increase the burden for employers. Without these protections, the level of work-related accidents, injuries, and deaths would be even higher than those currently experienced. 

Most U.S. employers are subject to OSHA standards, meaning employees have the right to expect the rights and protections outlined above. If you’ve been injured at work and would like more information about workers’ rights and protections, OSHA Injury Attorney can help.