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Employee Responsibilities and Rights
Although the Occupational Safety and Health Administration (OSHA) does not cite
employees for violations of their responsibilities, each employee "shall comply with
all occupational safety and health standards and all rules, regulations, and orders issued
under the Act" that are applicable.
Employee responsibilities and rights in states with their own occupational
safety and health programs are generally the same as for workers in federal OSHA states.
Responsibilities
Employees should:
- Read the OSHA poster at the job site.
- Comply with all applicable OSHA standards.
- Follow all employer safety and health rules and regulations, and wear or use
prescribed protective equipment while engaged in work.
- 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 employee rights under the Act in a responsible manner.
Rights
Employees have the right to:
- Review copies of appropriate OSHA 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 area,
on precautions that may be taken, and on procedures to be followed if an employee is
involved in an accident or is exposed to toxic substances.
- Receive adequate training and information on workplace safety and health hazards.
- Request that the OSHA area director investigate if he/she believes 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 of the
inspection "walkaround."
- Observe any monitoring or measuring of hazardous materials and see the resulting
records, as specified under the 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 int eh 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 the employer, upon request to OSHA, if a written
and signed complaint is filed.
11(c) Rights: Protection for Using Rights
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 employers shall not punish or discriminate against workers for
exercising rights such as:
- Complaining to an employer, union, OSHA or any other government agency about job
safety and health hazards;
- Filing safety or health grievances;
- Participating on a workplace safety and health committee or in union activities
concerning job safety and health.
- Participating in OSHA inspections, conferences, hearings, or other OSHA-related
activities.
If an employee is exercising these or other OSHA rights, the employer is not
allowed to retaliate for such activities in any way, such as through firing, demotion,
taking away seniority or other earned benefits, transferring the worker to an undesirable
job or shift, or threatening or harassing the worker.
If the employer has knowingly allowed the employee to do something in the past
(such as leaving work early), he or she may be violating the law by punishing the worker
for doing the same thing following a protest about hazardous conditions. If the employer
knows that a number of workers are doing the same thing wrong, he or she cannot legally
single out for punishment the worker who has taken part in safety and health activities.
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 union representative can file the 11(c) complaint for the
workers.
The worker does not have to complete any forms. An OSHA staff member will
complete the forms, asking what happened and who was involved.
Following a complaint, OSHA investigates. If an employee has been illegally
punished for exercising safety and health rights, OSHA asks the employer to restore that
worker's job earnings and benefits. If necessary, and if it can prove discrimination, OSHA
takes the employer to court. In such cases the worker does not pay any legal fees.
If a state Agency has an OSHA-approved state program, employees may file their
complaint with either federal OSHA or the state agency under its laws.
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