Why should everyone be concerned

about job safety and health?

Each year, approximately 6,000 employees in

this country die from workplace injuries while

another 50,000 die from illnesses caused by

exposure to workplace hazards. In addition,

6 million workers suffer non-fatal workplace

injuries at an annual cost to U.S. businesses of

more than $125 billion.

Effective job safety and health add value to the

workplace and help reduce worker injuries and

illnesses.

How does OSHA contribute to job

safety and health?

Congress passed the Occupational Safety and

Health Act of 1970, (OSH Act), “to assure so far

as possible every working man and woman in the

Nation safe and healthful working conditions and to

preserve our human resources.” Title 29 of the

Code of Federal Regulations (CFR), Parts 1902-

1990, contains OSHA regulations and standards.

Some states have enacted occupational safety

and health laws and operate federally approved

state plans. Such states adopt and enforce state

standards and regulations that are at least as

effective as those enacted under federal law.

Are all employees covered by the

OSH Act?

The OSH Act covers all employees except

workers who are self-employed and public

employees in state and local governments.

In states with OSHA-approved state plans,

public employees in state and local governments

are covered by their state’s OSHA-approved plan.

Federal employees are covered under the OSH

Act’s federal employee occupational safety and

health programs, see 29 CFR Part 1960. United

States Postal Service employees, however, are

subject to the same OSH Act coverage provisions

as are private sector employers.

The OSH Act does not apply to particular

working conditions addressed by regulations or

standards affecting occupational safety or health

that are issued by federal agencies, other than

OSHA, or by a state atomic energy agency. Other

federal agencies that have issued requirements

affecting job safety or health include the Mine

Safety and Health Administration and some

agencies of the Department of Transportation.

What are your responsibilities as an

employer?

If you are an employer covered by the OSH Act,

you must provide your employees with jobs and a

place of employment free from recognized hazards

that are causing, or are likely to cause, death or

serious physical harm. Among other actions, you

must also comply with the OSHA statutory

requirements, standards, and regulations that, in

part, require you to do the following:

■ Provide well-maintained tools and equipment,

including appropriate personal protective

equipment;

■ Provide medical examinations;

■ Provide training required by OSHA standards;

■ Report to OSHA within 8 hours accidents that

result in fatalities;

■ Report to OSHA within 8 hours accidents that

result in the hospitalization of three or more

employees;

■ Keep records of work-related accidents, injuries,

illnesses—and their causes—and post annual

summaries for the required period of time.

A number of specific industries in the retail,

service, finance, insurance, and real estate

sectors that are classified as low-hazard are

exempt from most requirements of the regulation,

as are small businesses with 10 or fewer

employees (see 29 CFR Part 1904);

■ Post prominently the OSHA poster (OSHA 3165)

informing employees of their rights and

responsibilities;

■ Provide employees access to their medical and

exposure records;

■ Do not discriminate against employees who

exercise their rights under the OSH Act;

■ Post OSHA citations and abatement verification

notices at or near the worksite;

■ Abate cited violations within the prescribed

period; and

■ Respond to survey requests for data from the

Bureau of Labor Statistics, OSHA, or a designee

of either agency.

What are your rights as an employer?

When working with OSHA, you may do the

following:

■ Request identification from OSHA compliance

officers;

■ Request an inspection warrant;
U.S. Department of Labor

Occupational Safety and Health Administration

2002

This is one in a series of informational fact sheets highlighting OSHA programs, policies, or standards. It does not impose

any new compliance requirements. For a comprehensive list of compliance requirements of OSHA standards or regulations,

refer to Title 29 of the Code of Federal Regulations. This information will be made available to sensory-impaired individuals

upon request. The voice phone is (202) 693-1999. See also OSHA’s website at www.osha.gov.

■ Be advised by compliance officers of the reason

for an inspection;

■ Have an opening and closing conference with

compliance officers;

■ Accompany compliance officers on inspections;

■ Request an informal conference after an

inspection;

■ File a Notice of Contest to citations, proposed

penalties, or both;

■ Apply for a variance from a standard’s

requirements under certain circumstances;

■ Be assured of the confidentiality of trade secrets;

and

■ Submit a written request to the National Institute

for Occupational Safety and Health for

information on potentially toxic substances in

your workplace.

What are your responsibilities as an

employee?

To help prevent exposure to workplace safety and

health hazards, you must comply with all OSHA

requirements that apply to your actions and

conduct.

What are your rights as an employee?

In your associations with OSHA and your

employer, you have the right, among other actions,

to do the following:

■ Review employer-provided OSHA standards,

regulations and requirements;

■ Request information from your employer on

emergency procedures;

■ Receive adequate safety and health training when

required by OSHA standards related to toxic

substances and any such procedures set forth in

any emergency action plan required by an OSHA

standard;

■ Ask the OSHA Area Director to investigate

hazardous conditions or violations of standards

in your workplace;

■ Have your name withheld from your employer if

you file a complaint with OSHA;

■ Be advised of OSHA actions regarding your

complaint, and have an informal review of any

decision not to inspect or to issue a citation;

■ Have your employee representative accompany

the OSHA compliance officer on inspections;

■ Observe any monitoring or measuring of toxic

substances or harmful physical agents and review

any related monitoring or medical records;

■ Review at a reasonable time the Log of WorkRelated Injuries and Illnesses (OSHA 300) if

your employer is required to maintain it;

■ Request a closing discussion following an

inspection;

■ Object to the abatement period set in a citation

issued to your employer; and

■ Seek safe and healthful working conditions

without your employer retaliating against you.

How can you get more information

on safety and health?

OSHA has various publications, standards,

technical assistance, and compliance tools to help

you, and offers extensive assistance through

workplace consultation, voluntary protection

programs, grants, strategic partnerships, state

plans, training, and education. OSHA’s Safety and

Health Program Management Guidelines (Federal

Register 54:3904-3916, January 26, 1989) detail

elements critical to the development of a successful

safety and health management system. This and

other information are available on OSHA’s website.

■ For one free copy of OSHA publications, send a

self-addressed mailing label to OSHA Publications

Office, P.O. Box 37535, Washington, DC

20013-7535; or send a request to our fax at

(202) 693-2498, or call us at (202) 693-1888.

■ To order OSHA publications online at

www.osha.gov, go to Publications and follow

the instructions for ordering.

■ To file a complaint by phone, report an emergency,

or get OSHA advice, assistance, or products,

contact your nearest OSHA office under the “U.S.

Department of Labor” listing in your phone book,

or call toll-free at (800) 321-OSHA (6742). The

teletypewriter (TTY) number is (877) 889-5627.

■ To file a complaint online or obtain more

information on OSHA federal and state programs,

visit OSHA’s website.