osha3021.pdf

Workers’ Rights

OSHA 3021-09R 2011

Occupational Safety and Health Act of 1970“To assure safe and healthful workingconditions for working men and women;by authorizing enforcement of thestandards developed under the Act; byassisting and encouraging the States intheir efforts to assure safe and healthfulworking conditions; by providing forresearch, information, education, andtraining in the field of occupational safetyand health...”

This publication provides a generaloverview of worker rights under theOccupational Safety and Health Act (OSHAct). This publication does not alter ordetermine compliance responsibilitieswhich are set forth in OSHA standardsand the OSH Act. Moreover, becauseinterpretations and enforcement policymay change over time, for additionalguidance on OSHA compliancerequirements the reader should consultcurrent administrative interpretationsand decisions by the Occupational Safetyand Health Review Commission and thecourts.

This document,Workers’ Rights, replacesEmployeeWorkplace Rights.

Material contained in this publication is inthe public domain andmay be reproduced,fully or partially, without permission.Source credit is requested but notrequired.

This information will be made availableto sensory-impaired individuals uponrequest. Voice phone: (202) 693-1999; tele-typewriter (TTY) number: 1-877-889-5627.

Workers’ Rights

U.S. Department of Labor

Occupational Safety andHealthAdministration

OSHA3021-09R 2011

Contents

Introduction 3

Worker Protection is the Law of the Land 3

Workers’ Rights under the OSH Act 3

Employer Responsibilities 4

Who Does OSHA Cover 5

Private SectorWorkers 5

State and Local Government Workers 5

Federal Government Workers 5

Not Covered under the OSH Act 6

Worker Rights in State-Plan States 6

Right to a Safe and Healthful Workplace 7

Employers’ “General Duty” 7

OSHA Standards: Protection on the Job 7

Right to be Provided Protective EquipmentFree of Charge 8

Right to Information 8

OSHA Worksite Investigations 10

Right to File a Complaint with OSHA to Requestan On-site OSHA Inspection 11

Rights of Workers during an Inspection 13

Workers’ Rights following Issuance of Citations 14

Right to Information If No Inspection is Conductedor No Citation Issued 14

Right to UseYour Rights:Protection from DiscriminationWhistleblower Protection 15

If There is a Dangerous Situation at Work 16

Additional Whistleblower Protections 16

More Resources and Information 21

OSHA Educational Materials 22

OSHA Consultation Service for Small Employers 22

OSHA’s Alliance Program 23

NIOSH Health Hazard Evaluation:Getting Help on Health Hazards 23

How to Contact OSHA 24

OSHA Regional Offices 25

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION2

Introduction

Worker Protection is the Law of the LandYou have the right to a safe workplace. TheOccupational Safety and Health Act of 1970 (OSHAct) was passed to prevent workers from beingkilled or otherwise harmed at work. The law requiresemployers to provide their employees with workingconditions that are free of known dangers. The OSHAct created the Occupational Safety and HealthAdministration (OSHA), which sets and enforcesprotective workplace safety and health standards.OSHA also provides information, training andassistance to employers and workers.

Contact us if you have questions or want to file acomplaint. We will keep your information confidential.We are here to help you.

Workers’ Rights under the OSH ActThe OSH Act gives workers the right to safe andhealthful working conditions. It is the duty ofemployers to provide workplaces that are free ofknown dangers that could harm their employees.This law also gives workers important rights toparticipate in activities to ensure their protection fromjob hazards. This booklet explains workers’ rights to:� File a confidential complaint with OSHA to havetheir workplace inspected.

� Receive information and training about hazards,methods to prevent harm, and the OSHA standardsthat apply to their workplace. The training must bedone in a language and vocabulary workers canunderstand.

� Review records of work-related injuries andillnesses that occur in their workplace.

� Receive copies of the results from tests andmonitoring done to find and measure hazards inthe workplace.

� Get copies of their workplace medical records.� Participate in an OSHA inspection and speak inprivate with the inspector.

� File a complaint with OSHA if they have beenretaliated or discriminated against by theiremployer as the result of requesting an inspectionor using any of their other rights under the OSH Act.

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� File a complaint if punished or discriminatedagainst for acting as a “whistleblower” under theadditional 20 federal statutes for which OSHA hasjurisdiction.

A job must be safe or it cannot be called a good job.OSHA strives to make sure that every worker in thenation goes home unharmed at the end of the work-day, the most important right of all.

Employer Responsibilities

Employers have the responsibility to provide a safeworkplace. Employers MUST provide their employeeswith a workplace that does not have serioushazards and must follow all OSHA safety and healthstandards. Employers must find and correct safetyand health problems. OSHA further requires thatemployers must try to eliminate or reduce hazardsfirst by making feasible changes in workingconditions – switching to safer chemicals, enclosingprocesses to trap harmful fumes, or using ventilationsystems to clean the air are examples of effectiveways to get rid of or minimize risks – rather than justrelying on personal protective equipment such asmasks, gloves, or earplugs.

Employers MUST also:� Inform employees about hazards through training,labels, alarms, color-coded systems, chemicalinformation sheets and other methods.

� Train employees in a language and vocabulary theycan understand.

� Keep accurate records of work-related injuries andillnesses.

� Perform tests in the workplace, such as airsampling, required by some OSHA standards.

� Provide hearing exams or other medical testsrequired by OSHA standards.

� Post OSHA citations and injury and illness datawhere workers can see them.

� Notify OSHA within eight hours of a workplacefatality or when three or more workers arehospitalized.

� Prominently display the official OSHA poster that


describes rights and responsibilities under theOSH Act.

Who Does OSHA CoverPrivate Sector WorkersMost employees in the nation come under OSHA’sjurisdiction. OSHA covers most private sectoremployers and employees in all 50 states, the Districtof Columbia, and other U.S. jurisdictions eitherdirectly through Federal OSHA or through an OSHA-approved state plan. State-run health and safety plansmust be at least as effective as the Federal OSHAprogram. To find the contact information for the OSHAFederal or State Program office nearest you, call1-800-321-OSHA (6742) or go to www.osha.gov.

State and Local Government WorkersEmployees who work for state and local govern-ments are not covered by Federal OSHA, but haveOSH Act protections if they work in those statesthat have an OSHA-approved state plan. Thefollowing 22 states or territories have OSHA-approved programs:Alaska Arizona CaliforniaHawaii Indiana IowaKentucky Maryland MichiganMinnesota Nevada NewMexicoNorth Carolina Oregon South CarolinaTennessee Utah VermontVirginia Washington WyomingPuerto Rico

Four additional states and one U.S. territory haveOSHA-approved plans that cover public sectoremployees only:Connecticut Illinois New JerseyNew York Virgin IslandsPrivate sector workers in these four states and theVirgin Islands are covered by Federal OSHA.

Federal GovernmentWorkersFederal agencies must have a safety and healthprogram that meets the same standards as privateemployers. Although OSHA does not fine federalagencies, it does monitor federal agencies and


responds to workers’ complaints. The United StatesPostal Service (USPS) is covered by OSHA.

Not Covered under the OSH Act� Self-employed;� Immediate family members of farm employers; and� Workplace hazards regulated by another federalagency (for example, the Mine Safety and HealthAdministration, Federal Aviation Administration,Coast Guard).

Worker Rights in State-Plan StatesStates that assume responsibility for their ownoccupational safety and health programs musthave provisions at least as effective as FederalOSHA’s, including the protection of employeerights.

Any interested person or group, includingemployees, with a complaint concerning theoperation or administration of a state programmay submit a complaint to the appropriate FederalOSHA regional administrator. (See contact list atthe end of this booklet). This is called a ComplaintAbout State Program Administration (CASPA). Thecomplaintant’s name will be kept confidential. The


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Federal OSHA (private sector and most federal employees)

OSHA-approved state plans (for public employees only;private sector employees are covered by Federal OSHA)

OSHA-Approved State Plans

OSHA regional administrator will investigate allsuch complaints, and where complaints are foundto be valid, require appropriate corrective actionon the part of the state.

Right to a Safe and HealthfulWorkplace

Employers’ “General Duty”Employers have the responsibility to provide a safeand healthful workplace that is free from seriousrecognized hazards. This is commonly known as theGeneral Duty Clause of the OSH Act.

OSHA Standards: Protection on the JobOSHA standards are rules that describe the methodsthat employers must use to protect their employeesfrom hazards. There are four groups of OSHAstandards: General Industry, Construction, Maritime,and Agriculture. (General Industry is the set thatapplies to the largest number of workers andworksites). These standards are designed to protectworkers from a wide range of hazards.

These standards also limit the amount of hazardouschemicals, substances, or noise that workers can beexposed to; require the use of certain safe workpractices and equipment; and require employers tomonitor certain hazards and keep records of work-place injuries and illnesses.

Examples of OSHA standards include requirementsto:� Provide fall protection, such as a safety harnessand lifeline;

� Prevent trenching cave-ins;� Ensure the safety of workers who enter confinedspaces such as manholes or grain bins;

� Prevent exposure to high levels of noise that candamage hearing;

� Put guards on machines;� Prevent exposure to harmful levels of substanceslike asbestos and lead;

� Provide workers with respirators and other neededsafety equipment (in almost all cases, free ofcharge);


� Provide healthcare workers with needles and sharpinstruments that have built-in safety features toprevent skin punctures or cuts that could causeexposure to infectious diseases; and

� Train workers using a language and vocabularythey understand about hazards and how to protectthemselves.

Employers must also comply with the GeneralDuty Clause of the OSH Act. This clause requiresemployers to keep their workplaces free of seriousrecognized hazards and is generally cited when nospecific OSHA standard applies to the hazard.

Right to be Provided Protective EquipmentFree of ChargeIn some situations it is not possible to completelyeliminate a hazard or reduce exposures to a safelevel, so respirators, goggles, earplugs, gloves, orother types of personal protective equipment areoften used by themselves or in addition to otherhazard control measures. Employers must providemost protective equipment free of charge. Employersare responsible for knowing when protective equip-ment is needed.

Right to InformationOSHA gives workers and their representatives theright to see information that employers must collecton hazards in the workplace. Workers have the rightto know what hazards are present in the workplaceand how to protect themselves. Many OSHAstandards require various methods that employersmust use to inform their employees, such as warningsigns, color-coding, signals, and training. Workersmust receive their normal rate of pay to attendtraining that is required by OSHA standards andrules. The training must be in a language andvocabulary that workers can understand.

Right to Know about Chemical HazardsThe Hazard Communication standard, known as the“right-to-know” standard, requires employers toinform and train workers about hazardous chemicalsand substances in the workplace. Employers must:


� Provide workers with effective information andtraining on hazardous chemicals in their work area.This training must be in a language and vocabularythat workers can understand;

� Keep a current list of hazardous chemicals that arein the workplace;

� Make sure that hazardous chemical containers areproperly labeled with the identity of the hazardouschemical and appropriate hazard warnings; and

� Have and make available to workers and theirrepresentatives Material Safety Data Sheets(MSDS) for each substance that provide detailedinformation about chemical hazards, their effects,how to prevent exposure, and emergencytreatment if an exposure occurs.

Right to Know about Laws and Your RightsEmployers must display the official OSHA Poster,Job Safety and Health: It’s the Law, in a place whereworkers will see it. It can be downloaded from theOSHA website, www.osha.gov. Pre-printed copiescan also be obtained from OSHA.

Right to Get Copies of WorkplaceInjury and Illness Records

OSHA’s Recordkeeping Rule requires employers inhigher-hazard industries withmore than ten employeesto keep accurate and complete records of work-relatedinjuries and illnesses. (Certain low-hazard workplacessuch as offices are not required to keep such records).Employers must record any serious work-relatedinjury or illness on the OSHA Form 300. A seriousinjury or illness is one that required medical treat-ment other than first aid, restricted work or daysaway from work. (Details of each incident are enteredon a separate form, the OSHA Form 301). This OSHAForm 300 becomes an ongoing log of all recordableincidents. Each year from February 1 through April30, employers must post a summary of the injury andillness log from the previous year (OSHA Form 300A)in a place where workers can see it. Workers and theirrepresentatives have the right to receive copies ofthe full OSHA Form 300 log. Following a request,employers must make copies available at the end ofthe next business day.


These injury and illness logs are important becausethey provide a comprehensive guide to possiblehazards in the workplace that may need correcting.The logs should be used to focus on areas with highinjury and illness rates, and to find and fix hazards inorder to prevent future occurrences.

Right to Exposure DataMany OSHA standards require employers to runtests of the workplace environment to find out iftheir workers are being exposed to harmful levels ofhazardous substances such as lead or asbestos, orhigh levels of noise or radiation. These types of testsare called exposure monitoring. OSHA gives workersthe right to get the results of these tests.

Right to Your Medical RecordsSome OSHA standards require medical tests to findout if a worker’s health has been affected because ofexposures at work. For example, employers must testfor hearing loss in workers exposed to excessive noiseor for decreased lung function in workers exposedto asbestos. Workers have a right to their medicalrecords. Workers’ representatives also have a right toreview these records but they must first get writtenpermission from the worker to gain access to theirmedical information.

OSHA Worksite Investigations

OSHA conducts on-site inspections of worksitesto enforce the OSHA law that protects workers andtheir rights. Inspections are initiated without advancenotice, conducted using on-site or telephone andfacsimile investigations, and performed by highlytrained compliance officers. Worksite inspections areconducted based on the following priorities:� Imminent danger;� A fatality or hospitalizations;� Worker complaints and referrals;� Targeted inspections – particular hazards, highinjury rates; and

� Follow-up inspections.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION1 0

Inspections are conducted without employersknowing when or where they will occur. The employeris not informed in advance that there will be aninspection, regardless of whether it is in response toa complaint or is a programmed inspection.

Right to File a Complaint with OSHAto Request an On-site OSHA InspectionOn-site inspections can be triggered by a workercomplaint of a potential workplace hazard or violation.If your workplace has unsafe or unhealthful workingconditions, you may want to file a complaint. Oftenthe best and fastest way to get a hazard corrected isto notify your supervisor or employer.

Current workers or their representatives may file awritten complaint and ask OSHA to inspect theirworkplace if they believe there is a serious hazard orthat their employer is not following OSHA standardsor rules. Workers and their representatives have theright to ask for an inspection without OSHA tellingtheir employer who filed the complaint. It is aviolation of the Act for an employer to fire, demote,transfer or discriminate in any way against a workerfor filing a complaint or using other OSHA rights.

A complaint can be filed in a number of ways:

1. Mail or submit the OSHA Complaint Form –Download the OSHA complaint form from ourwebsite (or request a copy from your local OSHAregional or area office), complete it and then fax ormail it back to your nearest OSHA regional or areaoffice. Written complaints that report a serioushazard and are signed by a current worker orrepresentative and submitted to the closest OSHAarea office are given priority and are more likely toresult in on-site OSHA inspections. A worker or theirrepresentative can request (on the form) that OSHAnot let their employer know who filed the complaint.Please include your name, address and telephonenumber so we can contact you to follow up. Thisinformation is confidential.

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2. Online – Go to the online Complaint Form on theOSHA website, at www.osha.gov. Complaints that aresent in online will most likely be investigated usingOSHA’s phone/fax system whereby the employer iscontacted by phone or fax (not an actual inspection)about the hazard. A written complaint that reports aserious hazard and is signed by a current worker(s) ortheir representative and mailed or otherwise submit-ted to an OSHA area or regional office is more likelyto result in an on-site OSHA inspection. Complaintsreceived online from workers in OSHA-approvedstate plan states will be forwarded to theappropriate state plan for response.

3. Telephone – Call your local OSHA regional orarea office at 1-800-321-OSHA (6742). OSHA staff candiscuss your complaint and respond to any questionsyou have. If there is an emergency or the hazard isimmediately life-threatening, call your local OSHAregional or area office.

Who else can file a complaint?

Employee representatives, for the purposes of filinga complaint, are defined as any of the following:� An authorized representative of the employeebargaining unit, such as a certified or recognizedlabor organization.

� An attorney acting for an employee.� Any other person acting in a bona fide representa-tive capacity, including, but not limited to, membersof the clergy, social workers, spouses and otherfamily members, health care providers and govern-ment officials or nonprofit groups and organizationsacting upon specific complaints or injuries fromindividuals who are employees. In general, theaffected employee should have requested, or at leastapproved, the filing of the complaint on his or herbehalf.

In addition, anyone who knows about a workplacesafety or health hazard may report unsafe conditionsto OSHA, and OSHA will investigate the concernsreported.


Rights ofWorkers during an InspectionDuring an inspection, workers or their representativeshave the following rights:� Have a representative of employees, such as thesafety steward of a labor organization, go along onthe inspection;

� Talk privately with the inspector; and� Take part in meetings with the inspector before andafter the inspection.

When there is no authorized employee representative,the OSHA inspector must talk confidentially with areasonable number of workers during the inspection.

Workers are encouraged to:� Point out hazards;� Describe injuries or illnesses that resulted fromthese hazards;

� Discuss past worker complaints about hazards; and� Inform the inspector of working conditions that arenot normal during the inspection.

Following the InspectionAt the end of the inspection, the OSHA inspectorwill meet with the employer and the employeerepresentatives in a closing conference to discussany violations found and possible methods by whichany hazards found will be abated. If it is not practicalto hold a joint conference, the compliance officer willhold separate conferences.

When the OSHA area director determines that therehas been a violation of OSHA standards, regulations,or other requirements, the area director issues acitation and notification of proposed penalty to anemployer. A citation includes a description of theviolation and the date by when the corrective actionsmust be taken. Depending on the situation, OSHAcan classify a violation as serious, willful, or repeat.The employer can also be cited for failing to correcta violation for which it has already been cited.Employers must post a copy of a citation in theworkplace where employees will see it.


Workers’ Rights following Issuanceof CitationsWorkers and employers can contest citations oncethey are issued to the employer. Workers may onlycontest the amount of time the employer is given tocorrect the hazard. Workers or their representativesmust file a notice of contest with the OSHA areaoffice within 15 days of the issuance of a citation.

Employers have the right to challenge whether thereis a violation, how the violation is classified, theamount of any penalty, what the employer must do tocorrect the violation and how long they have to fix it.Workers or their representatives may participate inthis appeals process by electing “party status.”This is done by filing a written notice with theOccupational Safety and Health Review Commission(OSHRC).

The OSHRC hears appeals of OSHA citations.They are an independent agency separate from theDepartment of Labor. For more information, write to:

U.S. Occupational Safety and HealthReview Commission

1120 20th Street NW, 9th FloorWashington, DC 20036

Phone: 202-606-5400 Fax: 202-606-5050www.oshrc.gov

Right to Information if No Inspection isConducted or No Citation Issued

The OSHA area director evaluates complaints fromemployees or their representatives according to theprocedures defined in the OSHA Field OperationsManual. If the area director decides not to inspectthe workplace, he or she will send a letter to thecomplainant explaining the decision and the reasonsfor it.

OSHA will inform complainants that they have theright to request a review of the decision by theOSHA regional administrator. Similarly, in the eventthat OSHA decides not to issue a citation after aninspection, employees have a right to furtherclarification from the area director and an informalreview by the regional administrator.


Right to UseYour Rights:Protection from DiscriminationWhistleblower ProtectionThe OSH Act prohibits employers from discriminatingagainst their employees for using their rights underthe OSH Act. These rights include filing an OSHAcomplaint, participating in an inspection or talking tothe inspector, seeking access to employer exposureand injury records, raising a safety or health issuewith the employer, or any other workers’ rightsdescribed above.

Protection from discrimination means that anemployer cannot retaliate by taking “adverse action”against workers, such as:� Firing or laying off;� Blacklisting;� Demoting;� Denying overtime or promotion;� Disciplining;� Denying benefits;� Failing to hire or rehire;� Intimidation;� Making threats;� Reassignment affecting prospects for promotion; or� Reducing pay or hours.

You can file a discrimination complaint with OSHAif your employer has punished you for using anyemployee rights established under the OSH Act. Ifyou have been retaliated or discriminated against forusing your rights, you must file a complaint withOSHA within 30 days of the alleged adverse action.Contact your local OSHA office by calling 1-800-321-OSHA (6742), or send a letter to your closestregional or area office. No form is required. In stateswith approved state plans, employees may file acomplaint with both the State and Federal OSHA.

If you believe that you have been discriminatedagainst, call 1-800-321-OSHA (6742) to be connected tothe nearest OSHA area office to report your complaint.You must file your complaint within 30 days of thealleged discrimination.


Following a complaint, OSHA will contact thecomplainant and conduct an interview to determinewhether an investigation is necessary.

If the evidence shows that the employee has beendiscriminated against for exercising safety and healthrights, OSHA will ask the employer to restore thatworker’s job, earnings, and benefits. If the employerrefuses, OSHA may take the employer to court. Insuch cases, a Department of Labor attorney willrepresent the employee to obtain this relief.

If There is a Dangerous Situation atWorkIf you believe working conditions are unsafe orunhealthful, we recommend that you bring theconditions to your employer’s attention, if possible.

You may file a complaint with OSHA concerning ahazardous working condition at any time. However,you should not leave the worksite merely becauseyou have filed a complaint. If the condition clearlypresents a risk of death or serious physical harm,there is not sufficient time for OSHA to inspect, and,where possible, you have brought the condition tothe attention of your employer, you may have a legalright to refuse to work in a situation in which youwould be exposed to the hazard.

If a worker, with no reasonable alternative, refusesin good faith to expose himself or herself to adangerous condition, he or she would be protectedfrom subsequent retaliation. The condition must beof such a nature that a reasonable person wouldconclude that there is a real danger of death orserious harm and that there is not enough time tocontact OSHA and for OSHA to inspect. Wherepossible, the employee must have also sought fromhis employer, and been unable to obtain, a correctionof the condition. For more information, go towww.osha.gov/workers.

Additional Whistleblower ProtectionsSince passage of the OSH Act in 1970, Congresshas expanded OSHA’s whistleblower protectionauthority to protect workers from discriminationunder 21 federal laws. These laws protect


employees who report violations of various work-place safety, airline, commercial motor carrier,consumer product, environmental, financialreform, healthcare reform, nuclear, pipeline, publictransportation agency, railroad, maritime andsecurities laws. Complaints must be reportedto OSHA within set timeframes following thediscriminatory action, as prescribed by each law.

These laws, and the number of days employeeshave to file a complaint, are:

Worker, Environmental and Nuclear Safety Laws

� Asbestos Hazard Emergency Response Act(90 days) Provides discrimination protection forindividuals who report violations of environmen-tal laws relating to asbestos in public or privatenon-pofit elementary and secondary schoolsystems.

� Clean Air Act (30 days) Provides discriminationprotection for employees who, among otherthings, report violations of this law, which pro-vides for the development and enforcement ofstandards regarding air quality and air pollution.

� Comprehensive Environmental Response,Compensation, and Liability Act (30 days)Protects employees who report regulatoryviolations involving accidents, spills, and otheremergency releases of pollutants into the envi-ronment. The law also protects employees whoreport violations related to the clean up of un-controlled or abandoned hazardous waste sites.

� Energy Reorganization Act (180 days) Protectscertain employees in the nuclear industry whoreport violations of the Atomic Energy Act.Protected employees include employees of oper-ators, contractors and subcontractors of nuclearpower plants licensed by the Nuclear RegulatoryCommission, and employees of contractorsworking with the Department of Energy under acontract pursuant to the Atomic Energy Act.

� Federal Water Pollution Control Act (also knownas the CleanWater Act) (30 days) Providesdiscrimination protection for employees who,


among other things, report violations of the lawcontrolling water pollution.

� Occupational Safety and Health Act of 1970(30 days) Provides discrimination protectionfor employees who exercise a variety of rightsguaranteed under this law, such as filing a safetyand health complaint with OSHA and participatingin an inspection.

� Safe DrinkingWater Act (30 days) Providesdiscrimination protection for employees who,among other things, report violations of this law,which requires that all drinking water systemsassure that their water is potable, as determinedby the Environmental Protection Agency.

� SolidWaste Disposal Act (also known as theResource Conservation and Recovery Act) (30days) Provides discrimination protection foremployees who, among other things, reportviolations of the law regulating the disposal ofsolid waste.

� Toxic Substances Control Act (30 days)Provides discrimination protection for employ-ees who, among other things, report violationsof regulations involving the manufacture,distribution, and use of certain toxic substances.

Transportation Industry Laws

� Federal Railroad Safety Act (180 days) Providesprotection to employees of railroad carriers andcontractors and subcontractors of those carrierswho report an alleged violation of any federallaw, rule, or regulation relating to railroad safetyor security, or gross fraud, waste, or abuse offederal grants or other public funds intendedto be used for railroad safety or security; report,in good faith, a hazardous safety or securitycondition; refuse to violate or assist in theviolation of any federal law, rule, or regulationrelating to railroad safety or security; refuse towork when confronted by a hazardous safety orsecurity condition related to the performance ofthe employee’s duties (under imminent danger


circumstances); request prompt medical or first-aid treatment for employment-related injuries;are disciplined for requesting medical or first-aidtreatment or for following an order or treatmentplan of a treating physician.

� International Safe Container Act (60 days)Provides discrimination protection foremployees who report violations of this law,which regulates shipping containers.

� NationalTransit Systems Security Act (180 days)Provides protection to public transit employeeswho, among other things, report an allegedviolation of any federal law, rule, or regulationrelating to public transportation agency safetyor security, or fraud, waste, or abuse of federalgrants or other public funds intended to beused for public transportation safety or security;refuse to violate or assist in the violation of anyfederal law, rule, or regulation relating to publictransportation safety or security; report ahazardous safety or security condition; refuse towork when confronted by a hazardous safety orsecurity condition related to the performance ofthe employee’s duties (under imminent dangercircumstances).

� Pipeline Safety Improvement Act of 2002(180 days) Provides discrimination protection foremployees who report violations of the federallaws regarding pipeline safety and security orwho refuse to violate such provisions.

� Seaman’s Protection Act (180 days) Seamen areprotected, among other things, for reporting tothe Coast Guard or other federal agency areasonably believed violation of a maritimesafety law or regulation prescribed under thatlaw or regulation. The law also protects workrefusals where the employee reasonablybelieves an assigned task would result in seriousinjury or impairment of health to the seaman,other seamen, or the public and when theseaman sought, and was unable to obtaincorrection of the unsafe conditions.


� SurfaceTransportation Assistance Act(180 days) Provides discrimination protectionsfor truck drivers and other employees relatingto the safety of commercial motor vehicles.Coverage includes all buses for hire and freighttrucks with a gross vehicle weight greater than10,001 pounds.

� Wendell H. Ford Aviation Investment and ReformAct for the 21st Century (90 days) Providesdiscrimination protection for employees of aircarriers, contractors, or subcontractors of aircarriers who, among other things, raise safetyconcerns.

Fraud Prevention Laws

� Affordable Care Act (ACA) (180 days) Protectsemployees who report violations of anyprovision of Title I of the ACA, including but notlimited to discrimination based on an individual’sreceipt of health insurance subsidies, the denialof coverage based on a preexisting condition,or an insurer’s failure to rebate a portion of anexcess premium.

� Consumer Financial Protection Act of 2010,Section 1057 of the Dodd-FrankWall StreetReform and Consumer Protection Act (180 days)Protects employees who report perceived viola-tions of any provision of the Dodd-Frank Act,which encompasses nearly every aspect of thefinancial services industry. The law also protectsemployees who report violations of any rule,order, standard or prohibition prescribed by theBureau of Consumer Financial Protection.

� Section 806 of the Sarbanes-Oxley Act of 2002(SOX) (180 days) Protects employees of certaincompanies who report alleged mail, wire, bankor securities fraud; violations of the Securitiesand Exchange Commission (SEC) rules andregulations; or violations of Federal laws relatedto fraud against shareholders. The law coversemployees of publically traded companies andcompanies required to file certain reports withthe SEC.


Consumer Safety Laws

� Consumer Product Safety Improvement Act(CPSIA) (180 days) Protects employees who re-port to their employer, the federal government,or a state attorney general reasonably perceivedviolations of any statute or regulation within thejurisdiction of the Consumer Product SafetyCommission (CPSC). CPSIA covers employees ofconsumer product manufacturers, importers,distributors, retailers, and private labelers.

� FDA Food Safety Modernization Act (FSMA)(180 days) Protects employees of food manufac-turers, distributors, packers, and transporters forreporting a violation of the Food, Drug, andCosmetic Act, or a regulation promulgated underthis law. Employees are also protected fromretaliation for refusing to participate in a practicethat violates this law.

If you believe that you have been discriminatedagainst, call 1-800-321-OSHA (6742) to beconnected to the nearest OSHA office to reportyour complaint.

More Resources and Information

Education/Training/InformationWorkers or their representatives can ask OSHAconfidential questions about workplace hazards orOSHA rights. Call the local area office nearest youor dial 1-800-321-OSHA (6742). You can also e-mailOSHA a question from our website (www.osha.gov).Workers and their representatives can also ask thelocal OSHA area office to conduct seminars orworkshops on job hazards or other OSHA issues.Contact your local OSHA office.

Susan Harwood Training and Education GrantsOSHA provides grants to nonprofit organizationsrepresenting employees and/or employers to provideworker education and training on serious job hazardsand avoidance/prevention strategies.


Information on OSHA InspectionsOSHA’s website allows users to research an employer’sinspection history through its Establishment Searchby entering the company name and the datesthey want to cover. Users can also find the mostcommonly cited hazards by industry.

OSHA Educational MaterialsOSHA has many types of educational materialsavailable in print or online, including:� Brochures/booklets cover a wide variety of jobhazards and other topics;

� Fact Sheets and QuickFacts contain basic back-ground information on safety and health hazards;

� Guidance documents provide detailed examinationsof specific safety and health issues;

� Online Safety and HealthTopics Pages;� Posters;� QuickCards™ are small, laminated cards thatprovide brief workers’ rights and safety and healthinformation; and

� QuickTakes is OSHA’s free, twice-monthly onlinenewsletter. To sign up for QuickTakes visit OSHA’swebsite at www.osha.gov and click on QuickTakesat the top of the page.

To view materials available online or for a listingof free publications, visit OSHA’s website atwww.osha.gov. You can also call 1-800-321-OSHA(6742) to order publications.

OSHA Consultation Servicefor Small EmployersWorkers should know about OSHA’s consultationservices that provide free assistance to smallemployers to help them identify and correct hazards,as well as to improve their injury and illness preven-tion programs. Most of these services aredelivered on site by state government agencies oruniversities using well-trained professional staff.

Consultation services are available to employerswith fewer than 250 workers at a single workplace,and no more than 500 employees nationwide.These programs are largely funded by OSHA and


are delivered at no cost to employers who requesthelp. Consultation services are separate fromenforcement activities and do not result in penaltiesor citations. To request such services, an employercan phone or write to the OSHA ConsultationProgram. See the Small Business section of OSHA’swebsite for contact information for the consultationoffices in every state.

OSHA’s Alliance ProgramThrough the Alliance Program, OSHA works withgroups committed to worker safety and health toprevent workplace fatalities, injuries, and illnesses.These groups include businesses, trade or profes-sional organizations, unions, consulates, faith- andcommunity-based organizations, and educationalinstitutions. OSHA and the groups work together todevelop compliance assistance tools and resources,share information with workers and employers, andeducate workers and employers about their rightsand responsibilities.

NIOSH Health Hazard Evaluation:Getting Help on Health HazardsThe National Institute for Occupational Safety andHealth (NIOSH) is a federal agency that conductsscientific and medical research on workers’ safetyand health. At no cost to employers or workers,NIOSH can help identify and correct potential healthhazards in the workplace through its Health HazardEvaluation (HHE) program.

Workers, union representatives and employers canrequest a NIOSH Health Hazard Evaluation. AnHHE is often requested when there is a higher thanexpected rate of a disease or injury in a group ofworkers. These situations may be the result of anunknown cause, a new hazard, or a mixture ofsources.

To request a NIOSH Health Hazard Evaluation, orfind out more about the program:� Call the NIOSH toll-free Information Service at1-800-CDC-INFO (1-800-232-4636); or

� Go online atwww.cdc.gov/niosh/hhe/Request.html.


How to Contact OSHA

For questions or to get information or advice, toreport an emergency, report a fatality or catastrophe,order publications, sign up for OSHA’s e-newsletter,or to file a confidential complaint, contact yournearest OSHA office, visit www.osha.gov or callOSHA at 1-800-321-OSHA (6742), TTY 1-877-889-5627.

For assistance, contact us.

We are OSHA. We can help.

It’s confidential.



OSHA Regional Offices

Region IBoston Regional Office(CT*, ME, MA, NH, RI, VT*)JFK Federal Building, Room E340Boston, MA 02203(617) 565-9860 (617) 565-9827 Fax

Region IINew York Regional Office(NJ*, NY*, PR*, VI*)201 Varick Street, Room 670New York, NY 10014(212) 337-2378 (212) 337-2371 Fax

Region IIIPhiladelphia Regional Office(DE, DC, MD*, PA, VA*, WV)The Curtis Center170 S. Independence Mall WestSuite 740 WestPhiladelphia, PA 19106-3309(215) 861-4900 (215) 861-4904 Fax

Region IVAtlanta Regional Office(AL, FL, GA, KY*, MS, NC*, SC*, TN*)61 Forsyth Street, SW, Room 6T50Atlanta, GA 30303(678) 237-0400 (678) 237-0447 Fax

Region VChicago Regional Office(IL*, IN*, MI*, MN*, OH, WI)230 South Dearborn StreetRoom 3244Chicago, IL 60604(312) 353-2220 (312) 353-7774 Fax

Region VIDallas Regional Office(AR, LA, NM*, OK, TX)525 Griffin Street, Room 602Dallas, TX 75202(972) 850-4145 (972) 850-4149 Fax(972) 850-4150 FSO Fax

Region VIIKansas City Regional Office(IA*, KS, MO, NE)Two Pershing Square Building2300 Main Street, Suite 1010Kansas City, MO 64108-2416(816) 283-8745 (816) 283-0547 Fax

Region VIIIDenver Regional Office(CO, MT, ND, SD, UT*, WY*)1999 Broadway, Suite 1690Denver, CO 80202(720) 264-6550 (720) 264-6585 Fax

Region IXSan Francisco Regional Office(AZ*, CA*, HI*, NV*, and American Samoa,Guam and the Northern Mariana Islands)90 7th Street, Suite 18100San Francisco, CA 94103(415) 625-2547 (415) 625-2534 Fax

Region XSeattle Regional Office(AK*, ID, OR*, WA*)300 Fifth Avenue, Suite 1280Seattle, WA 98104-2397(206) 757-6700 (206) 757-6705 Fax

*These states and territories operate their ownOSHA-approved job safety and health plans andcover state and local government employees as wellas private sector employees. The Connecticut, Illinois,New Jersey, New York and Virgin Islands programscover public employees only. (Private sector workersin these states are covered by Federal OSHA). Stateswith approved programs must have standards thatare identical to, or at least as effective as, the FederalOSHA standards.

Note: To get contact information for OSHA areaoffices, OSHA-approved state plans and OSHAconsultation projects, please visit us online atwww.osha.gov or call us at 1-800-321-OSHA (6742).

(800) 321-OSHA (6742)


U.S. Department of Laborwww.osha.gov (800) 321-OSHA (6742)

For more information:

OccupationalSafety and HealthAdministration

If you think your job

is unsafe and you have

questions, call OSHA.

We can help.

It’s confidential.

osha3021.pdf

Documents

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