Employee Rights Under the OSH Act

As a worker, you have the right to a healthful and safe work environment. To ensure that every worker's rights are met by employers, the Occupational Safety and Health Act was established. You have the right to be free from any seriously recognized health hazards. The Act enforces workplace safety and health standards for employers.

  1. History

    • The OSH Act of 1970 was put into place to protect workers from being harmed while on the job. This nationwide federal program protects almost every worker from suffering a work-related illness, injury or death. Secretary of Labor James Hodgson established the OSHA (the Occupational Health and Safety Administration) a special agency that would administer the OSH Act.

    Safety Training

    • An employer is responsible for providing training on any chemicals you may be exposed to while on the job. Your employer must explain the health affect the chemicals you work with may have, as well as hand out detailed material safety sheets that detail any other hazardous information you may need on the job. Your employer must inform you of what is being done on behalf of the company to protect you from the work hazards. If you are required to wear safety gear such as gloves, hard hats, steel-toe boots or other items, your employer must make you aware of the necessities (some employers provide the safety gear as a benefit to employees).

    Information

    • Your employee has responsibilities to maintain accurate recordkeeping, make accurate reports and make you aware of your rights under the OSH Act. Within eight hours of an accident, injury or death, your employer must make a report of the incident to OSHA. You have a right to view these records. If your employer has been issued a citation from OSHA, you have a right to know about these citations. All employee rights must be posted for employees in the workplace. In addition, you have a right to request a copy of your worker rights under the OSH Act from your employer at anytime.

    Misconception

    • It is a misconception that just because a health hazard is not a violation of specific OSHA standards, that your employer does not have to correct the hazard. You may ask your employer to correct any health hazard that is a danger to you and other workers. Make this request in writing, and keep copies for yourself to make sure your employer follows through on making the corrections. If your employer fails to do so, contact an OSHA representative.

    Complaints

    • If you believe that your employer has violated OSHA standards, you have the right to file a complaint. When you file your complaint, OSHA sends out someone to inspect your workplace. You may file a complaint to the OSHA office nearest you by fax, over the telephone or in writing through regular mail. You have the right to have an authorized employee (union representative) go on the inspection tour with the OSHA representative, or a reasonable number of employees if a union representative is not available.

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