RIGHTS AND

RESPONSIBILITIES

Employers must:

• Follow all relevant OSHA safety and health

standards.

• Find and correct safety and health hazards.

• Inform employees about chemical hazards

through training, labels, alarms, color-coded

systems, chemical information sheets and other

methods.

• Notify OSHA within 8 hours of a workplace

fatality or when three or more workers are

hospitalized (1-800-321-OSHA [6742]).

• Provide required personal protective equipment

at no cost to workers.*

• Keep accurate records of work-related injuries

and illnesses.

• Post OSHA citations, injury and illness summary

data, and the OSHA “Job Safety and Health - It’s

The Law” poster in the workplace where workers

will see them.

• Not discriminate or retaliate against any worker

for using their rights under the law.

* Employers must pay for most types of required

personal protective equipment.

Employees have the right to:

• Working conditions that do not pose a risk of

serious harm.

• Receive information and training (in a language

workers can understand) about chemical and

other hazards, methods to prevent harm, and

OSHA standards that apply to their workplace.

• Review records of work-related injuries and

illnesses.

• Get copies of test results done to find and

measure hazards in the workplace.

• File a complaint asking OSHA to inspect their

workplace if they believe there is a serious

hazard or that their employer is not following

OSHA rules. When requested, OSHA will keep all

identities confidential.

• Use their rights under the law without retaliation

or discrimination. If an employee is fired,

demoted, transferred or discriminated against

in any way for using their rights under the law,

they can file a complaint with OSHA. This

complaint must be filed within 30 days of the

alleged discrimination.

AT-A-GLANCE

The Occupational Safety and Health Act of 1970 (OSH Act) was passed to

prevent workers from being killed or seriously harmed at work. This law

created the Occupational Safety and Health Administration (OSHA), which

sets and enforces protective workplace safety and health standards. OSHA

also provides information, training, and assistance to employers and workers.

Under the OSH Act, employers have the responsibility to provide a

safe workplace.
OSHA

STANDARDS

OSHA standards are rules that describe the

methods employers are legally required to follow

to protect their workers from hazards. Before

OSHA can issue a standard, it must go through a

very extensive and lengthy process that includes

substantial public engagement, notice and comment. The agency must show that a significant

risk to workers exists and that there are feasible

measures employers can take to protect their

workers.

Construction, General Industry, Maritime, and

Agriculture standards protect workers from a wide

range of serious hazards. These standards limit

the amount of hazardous chemicals workers can

be exposed to, require the use of certain safe

practices and equipment, and require employers

to monitor certain workplace hazards.

Examples of OSHA standards include requirements to provide fall protection, prevent trenching

cave-ins, prevent exposure to some infectious

diseases, ensure the safety of workers who enter

confined spaces, prevent exposure to such

harmful substances as asbestos and lead, put

guards on machines, provide respirators or other

safety equipment, and provide training for certain

dangerous jobs.

Employers must also comply with the General

Duty Clause of the OSH Act. This clause requires

employers to keep their workplaces free of serious

recognized hazards and is generally cited when no

specific OSHA standard applies to the hazard.

INSPECTIONS

Inspections are initiated without advance notice,

conducted using on-site or telephone and facsimile investigations, performed by highly trained

compliance officers, and based on the following

priorities:

• Imminent danger.

• Catastrophes – fatalities or hospitalizations.

• Worker complaints and referrals.

• Targeted inspections – particular hazards, high

injury rates.

• Follow-up inspections.

On-site inspections can be triggered by a complaint from a current worker or their representative

if they believe there is a serious hazard or that

their employer is not following OSHA standards

or rules. Often the best and fastest way to get a

hazard corrected is to notify your supervisor or

employer.

When an inspector finds violations of OSHA

standards or serious hazards, OSHA may issue

citations and fines. A citation includes methods

an employer may use to fix a problem and the

date by when the corrective actions must be

completed.

Employers have the right to contest any part of

the citation, including whether a violation actually

exists. Workers only have the right to challenge

the deadline for when a problem must be resolved.

Appeals of citations are heard by the independent

Occupational Safety and Health Review

Commission.

HELP FOR EMPLOYERS

OSHA offers free confidential advice. Several

programs and services help employers identify

and correct job hazards as well as improve their

injury and illness prevention programs.

Free On-Site Consultation

OSHA provides a free service, On-Site Consultation, for small businesses with fewer than 250

workers at a site (and no more than 500 employees nationwide). On-site Consultation services are

separate from enforcement and do not result in

penalties or citations. Each year, OSHA makes

more than 30,000 consultation visits to small

businesses to provide free compliance assistance. By working with the OSHA Consultation

Program, certain exemplary employers may

request participation in OSHA’s Safety and Health

Recognition Program, SHARP. To locate the OSHA

Consultation Office nearest you, visit

www.osha.gov or call 1-800-321-OSHA (6742).

Compliance Assistance

OSHA has Compliance Assistance Specialists

throughout the nation who can provide general

information about OSHA standards and

compliance assistance resources. Contact

your local OSHA office for more information.

Cooperative Programs

OSHA offers cooperative programs to help prevent

fatalities, injuries, and illnesses in the workplace.

Alliance Program – OSHA works with groups

committed to worker safety and health to develop

compliance assistance resources and educate

workers and employers. Challenge Program – This

program helps employers and workers improve

their safety and health management systems

and implement an effective system to prevent

fatalities, injuries, and illnesses. OSHA Strategic

Partnership Program (OSPP) – Partnerships are

formalized through tailored agreements designed

to encourage, assist, and recognize partner
efforts to eliminate serious hazards and achieve

model workplace safety and health practices.

Voluntary Protection Programs (VPP) – The VPP

recognize employers and workers in private

industry and federal agencies who have implemented effective safety and health management

systems and maintain injury and illness rates

below national Bureau of Labor Statistics averages

for their respective industries. In VPP, management, labor, and OSHA work cooperatively and

proactively to prevent fatalities, injuries, and

illnesses.

INFORMATION AND EDUCATION

OSHA Training Institute

The OSHA Training Institute (OTI) Education Centers are a national network of nonprofit organizations authorized by OSHA to deliver occupational

safety and health training to private sector

workers, supervisors, and employers.

Information and Publications

OSHA has a variety of educational materials

and electronic tools available on its website at

www.osha.gov. These include Safety and Health

Topics Pages, Safety Fact Sheets, Expert Advisor

software, copies of regulations and compliance

directives, videos and other information for employers and workers. OSHA’s software programs

and eTools walk you through safety and health

issues and common problems to find the best

solutions for your workplace.

OSHA’s extensive publications help explain OSHA

standards, job hazards, and mitigation strategies

and provide assistance in developing effective

safety and health programs.

For a listing of free publications, visit OSHA’s

website at www.osha.gov or call 1-800-321-OSHA

(6742).

QuickTakes

OSHA’s free, twice monthly online newsletter,

QuickTakes, offers the latest news about OSHA

initiatives and products to assist employers and

workers in finding and preventing workplace

hazards. To sign up for QuickTakes, visit OSHA’s

website at www.osha.gov and click on QuickTakes

at the top of the page.

WHO DOES OSHA COVER

Private Sector Workers

OSHA covers most private sector employers and

workers in all 50 states, the District of Columbia,

and other U.S. jurisdictions either directly through

Federal OSHA or through an OSHA-approved State

Program. State-run programs must be at least as

effective as the Federal OSHA program.

State and Local Government Workers

State and local government workers are not

covered by Federal OSHA, but they do have

protections in states that operate their own

programs. The following states have approved

State Programs: AK, AZ, CA, CT, HI, IA, IL, IN, KY,

MD, MI, MN, NC, NJ, NM, NV, NY, OR, SC, TN, UT,

VA, VT, WA, WY, Puerto Rico and the Virgin Islands.

Connecticut, Illinois, New Jersey, New York and the

Virgin Islands programs cover public sector (state

and local government) workers only. Federal OSHA

covers private sector workers in these jurisdictions.

Federal Government Workers

OSHA’s protection applies to all federal agencies.

Although OSHA does not fine federal agencies, it

does monitor federal agencies and responds to

workers’ complaints.

Not Covered by the OSH Act:

Self-employed workers; and workers whose

hazards are regulated by another federal agency

(for example, the Mine Safety and Health

Administration, Federal Aviation Administration,

and Coast Guard).

CONTACT OSHA

For questions or to get information or advice, to

report an emergency, report a fatality or catastrophe, order products, or to file a complaint, contact

your nearest OSHA office, visit www.osha.gov or

call OSHA 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 3439-06N 2011

U.S. Department of Labor

www.osha.gov