Workers’ Rights

OSHA 3021-02R 2023
Occupational Safety and Health Act of 1970

“To assure safe and healthful working 

conditions for working men and women; by 

authorizing enforcement of the standards 

developed under the Act; by assisting and 

encouraging the States in their efforts to assure 

safe and healthful working conditions; by 

providing for research, information, education, 

and training in the field of occupational safety 

and health.”

This publication provides a general overview 

of worker rights under the Occupational Safety 

and Health Act (OSH Act). This publication 

does not alter or determine compliance 

responsibilities which are set forth in OSHA 

standards and the OSH Act. Moreover, because 

interpretations and enforcement policy may 

change over time, for additional guidance 

on OSHA compliance requirements the 

reader should consult current administrative 

interpretations and decisions by the 

Occupational Safety and Health Review 

Commission and the courts.

This document, Workers’ Rights, replaces 

Employee Workplace Rights. 

Material contained in this publication is in the 

public domain and may be reproduced, fully or 

partially, without permission. Source credit is 

requested but not required.

This information will be made available to 

sensory-impaired individuals upon request. 

Voice phone: (202) 693-1999; teletypewriter 

(TTY) number: 1-877-889-5627. 
Workers’ Rights

U.S. Department of Labor

Occupational Safety and Health Administration

OSHA 3021-02R 2023
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

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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 Sector Workers 5

State and Local Government Workers 6

Federal Government Workers 7

Not Covered under the OSH Act 7

Right to a Safe and Healthful Workplace 7

Employers’ “General Duty” 7

OSHA Standards: Protection on the Job 7

Right to be Provided Protective Equipment 

Free of Charge 8

Right to Information 9

OSHA Worksite Investigations 11

Right to File a Complaint with OSHA 

to Request an 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 

Conducted or No Citation Issued 14

Right to Use Your Rights: 

Protection against Retaliation 

Whistleblower Protection 15

If There is a Dangerous Situation at Work 16

Additional Whistleblower Protections 17

OSHA Assistance, Services, and Programs 21

Establishing a Safety and Health Program 21

Compliance Assistance Specialists 21

No-Cost On-Site Safety and Health Consultation 

Services for Small Business 22

Cooperative Programs 22

Occupational Safety and Health Training 23

OSHA Educational Materials 23

How to Contact OSHA 23

OSHA Regional Offices 24
WORKERS’ RIGHTS

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Introduction

Worker Protection is the Law of the Land

You have the right to a safe workplace. The Occupational 

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

prevent workers from being killed or otherwise harmed 

at work. The law requires employers to provide their 

employees with working conditions that are free of 

known dangers. The OSH Act 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. 

Contact us if you have questions or want to file a 

complaint. We will keep your information confidential. 

We are here to help you.

Workers’ Rights under the OSH Act

The OSH Act gives workers the right to safe and 

healthful working conditions. It is the duty of 

employers to provide workplaces that are free of 

known dangers that could harm their employees. 

This law also gives workers important rights to 

participate in activities to ensure their protection from 

job hazards. This booklet explains workers’ rights to: 

■ File a confidential complaint with OSHA to have 

their workplace inspected. 

■ Receive information and training about 

hazards, methods to prevent harm, and the 

OSHA standards that apply to their workplace. 

The training must be done in a language and 

vocabulary workers can understand.

■ Review records of work-related injuries and 

illnesses that occur in their workplace.

■ Receive copies of the results from tests and 

monitoring done to find and measure hazards in 

the workplace.

■ Get copies of their workplace medical records.

■ Participate in an OSHA inspection and speak in 

private with the inspector. 

■ File a complaint with OSHA if they have been 

retaliated against by their employer as the result of 

requesting an inspection or using any of their other 

rights under the OSH Act. 

■ File a complaint if punished or retaliated against 

for acting as a “whistleblower” under the more 

than 20 additional federal statutes for which OSHA 

has jurisdiction.
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A job must be safe or it cannot be called a good 

job. OSHA strives to make sure that every worker in 

the nation goes home unharmed at the end of the 

workday, the most important right of all.

Employer Responsibilities

Employers have the responsibility to provide a safe 

workplace. Employers MUST provide their employees 

with a workplace that does not have serious hazards 

and must follow all OSHA safety and health standards.

Employers must find and correct safety and health 

problems. OSHA further requires that employers must 

try to eliminate or reduce hazards first by making 

feasible changes in working conditions – switching to 

safer chemicals, enclosing processes to trap harmful 

fumes, or using ventilation systems to clean the air are 

examples of effective ways to get rid of or minimize 

risks – rather than just relying on personal protective 

equipment such as masks, gloves, or earplugs. 

Employers MUST also:

■ Prominently display the official OSHA poster 

that describes rights and responsibilities under 

the OSH Act. This poster is free and can be 

downloaded from www.osha.gov.

■ Inform workers about hazards through training, 

labels, alarms, color-coded systems, chemical 

information sheets and other methods.

■ Train workers in a language and vocabulary they 

can understand. 

■ Keep accurate records of work-related injuries 

and illnesses. 

■ Perform tests in the workplace, such as air 

sampling, required by some OSHA standards. 

■ Provide hearing exams or other medical tests 

required by OSHA standards. 

■ Post OSHA citations and injury and illness data 

where workers can see them. 

■ Notify OSHA within 8 hours of a workplace fatality 

or within 24 hours of any work-related inpatient 

hospitalization, amputation or loss of an eye. 

■ Not retaliate against workers for using their rights 

under the law, including their right to report a workrelated injury or illness.
WORKERS’ RIGHTS

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Who Does OSHA Cover

The OSH Act provides workplace safety and health 

protection to most private sector employers and 

their workers, and federally covered public sector 

employers and workers in the 50 states and certain 

territories and jurisdictions. Those jurisdictions 

include the District of Columbia, Puerto Rico, the 

Virgin Islands, American Samoa, Guam, Northern 

Mariana Islands, Wake Island, Johnston Island, and 

the Outer Continental Shelf Lands as defined in the 

Outer Continental Shelf Lands Act.

Private Sector Workers

Federal OSHA covers most private sector employers 

and workers in 29 states, the District of Columbia, 

Virgin Islands, American Samoa, Guam, Northern 

Mariana Islands, Wake Island, Johnston Island, and 

the Outer Continental Shelf Lands. Private sector 

workers in the remaining 21 states and Puerto Rico 

are covered by OSHA-approved State Plans. 

State plans are OSHA-approved workplace safety and 

health programs operated by individual states instead 

of Federal OSHA. The OSH Act encourages states to 

develop and operate their own workplace safety and 

health programs and precludes state enforcement of 

OSHA standards unless the state has an approved 

State Plan. OSHA approves and monitors all State 

Plans and provides up to fifty percent of the funding 

for each program. State Plans must be at least as 

effective as the Federal OSHA program. To find the 

contact information for the OSHA federal or State 

Plan office nearest you, call 1-800-321-OSHA (6742) or 

go to www.osha.gov/stateplans.

The following 22 states or territories have OSHAapproved state programs that cover both private 

sector and state and local government workers:

■ Alaska

■ Arizona

■ California

■ Hawaii

■ Indiana

■ Iowa

■ Kentucky

■ Maryland

■ Michigan

■ Minnesota

■ Nevada

■ New Mexico

■ North Carolina

■ Oregon

■ Puerto Rico

■ South Carolina

■ Tennessee

■ Utah

■ Vermont

■ Virginia

■ Washington

■ Wyoming
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Exceptions to State Plan private sector coverage are 

listed on each State Plan’s webpage at www.osha.gov/

stateplans. 

Complaints About State Program Administration

States that assume responsibility for their own 

occupational safety and health programs must have 

provisions at least as effective as Federal OSHA’s, 

including the protection of worker rights.

Any interested person or group, including individual 

workers, with a complaint concerning the operation 

or administration of a State Plan may submit a 

complaint to the appropriate Federal OSHA Region 

(regional offices are listed at the end of this guide). 

This is called a Complaint About State Program 

Administration (CASPA). The complainant’s name will 

be kept confidential. OSHA will determine whether 

an investigation is warranted, and will investigate all 

such complaints. Where investigated complaints are 

found to have merit, OSHA may require appropriate 

corrective action on the part of the state.

State and Local Government Workers

Workers at state and local government agencies are 

not covered by Federal OSHA, but are afforded OSH 

Act protections if they work in those states that have 

an OSHA-approved State Plan. Every State Plan must 

cover state and local government workers. 

* OSHA-approved State Plan covering private sector and state/local 

government workers

** OSHA-approved State Plan covering state and local government 

workers only 

 Federal OSHA covering private sector workers

OSHA-Approved State Plans
WORKERS’ RIGHTS

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OSHA regulations allow states and territories 

to develop State Plans that cover only state and 

local government workers. In states with state and 

local government only State Plans, private sector 

workers and employers remain under Federal OSHA 

jurisdiction. Six additional states and one U.S. 

territory have OSHA-approved State Plans that cover 

state and local government workers only:

■ Connecticut

■ Illinois

■ Maine

■ Massachusetts

■ New Jersey

■ New York

■ Virgin Islands 

Federal Government Workers

OSHA’s protection applies to all federal agencies 

Although OSHA does not fine federal agencies, it 

does monitor these agencies and conducts federal 

workplace inspections in response to workers’ 

reports of hazards.

Federal agencies must have a safety and health 

program that meets the same standards as private 

employers. Under a 1998 amendment, the OSH 

Act covers the U.S. Postal Service the same as any 

private sector employer.

Not Covered under the OSH Act

■ The self-employed; 

■ Immediate family members of farm employers; and

■ Workplace hazards regulated by another federal 

agency (for example, the Mine Safety and Health 

Administration, the Department of Energy, or the 

Coast Guard).

Right to a Safe and Healthful 

Workplace

Employers’ “General Duty”

Employers have the responsibility to provide a safe 

and healthful workplace that is free from serious 

recognized hazards. This is commonly known as the 

General Duty Clause of the OSH Act. 

OSHA Standards: Protection on the Job

OSHA standards are rules that describe the 

methods that employers must use to protect their 

employees from hazards. There are four groups of 

OSHA standards: General Industry, Construction, 
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Maritime, and Agriculture. (General Industry is the 

set that applies to the largest number of workers and 

worksites). These standards are designed to protect 

workers from a wide range of hazards. 

These standards also limit the amount of hazardous 

chemicals, substances, or noise that workers can 

be exposed to; require the use of certain safe work 

practices and equipment; and require employers 

to monitor certain hazards and keep records of 

workplace injuries and illnesses. 

Examples of OSHA standards include requirements to:

■ Provide fall protection, such as a safety harness 

and lifeline;

■ Prevent trenching cave-ins;

■ Ensure the safety of workers who enter confined 

spaces such as manholes or grain bins;

■ Prevent exposure to high levels of noise that can 

damage hearing;

■ Put guards on machines;

■ Prevent exposure to harmful levels of substances 

like asbestos and lead;

■ Provide workers with respirators and other needed 

safety equipment (in almost all cases, free of charge); 

■ Provide healthcare workers with needles and sharp 

instruments that have built-in safety features to 

prevent skin punctures or cuts that could cause 

exposure to infectious diseases; and

■ Train workers using a language and vocabulary 

they understand about hazards and how to protect 

themselves.

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.

Right to be Provided Protective Equipment 

Free of Charge

In some situations it is not possible to completely 

eliminate a hazard or reduce exposures to a safe 

level, so respirators, goggles, earplugs, gloves, or 

other types of personal protective equipment are 

often used by themselves or in addition to other 
WORKERS’ RIGHTS

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hazard control measures. Employers must provide 

most protective equipment free of charge. Employers 

are responsible for knowing when protective 

equipment is needed.

Right to Information

OSHA gives workers and their representatives the right 

to see information that employers collect on hazards 

in the workplace. Workers have the right to know 

what hazards are present in the workplace and how 

to protect themselves. Many OSHA standards require 

various methods that employers must use to inform 

their employees, such as warning signs, color-coding, 

signals, and training. Workers must receive their 

normal rate of pay to attend training that is required by 

OSHA standards and rules. The training must be in a 

language and vocabulary that workers can understand. 

Right to Know about Chemical Hazards

The Hazard Communication standard, known as the 

“right-to-know” standard, requires employers to 

inform and train workers about hazardous chemicals 

and substances in the workplace. Employers must:

■ Provide workers with effective information and 

training on hazardous chemicals in their work area. 

This training must be in a language and vocabulary 

that workers can understand;

■ Keep a current list of hazardous chemicals that are 

in the workplace;

■ Make sure that hazardous chemical containers are 

properly labeled with the identity of the hazardous 

chemical and appropriate hazard warnings; and

■ Have and make available to workers and their 

representatives Safety Data Sheets (SDSs) 

(formerly known as Material Safety Data Sheets 

or MSDSs) for each substance that provide 

detailed information about chemical hazards, their 

effects, how to prevent exposure, and emergency 

treatment if an exposure occurs.

Right to Know about Laws and Your Rights

Employers must display the official OSHA Poster, 

Job Safety and Health: It’s the Law, in a place where 

workers will see it. It can be downloaded from the 

OSHA website, www.osha.gov/publications/poster. 

Pre-printed copies can also be obtained from OSHA. 
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Right to Get Copies of Workplace 

Injury and Illness Records

OSHA’s Recordkeeping Rule requires employers in 

higher-hazard industries with more than ten employees 

to keep accurate and complete records of work-related 

injuries and illnesses. (Certain low-hazard workplaces 

such as offices are not required to keep such records). 

Employers must record any serious work-related injury 

or illness on the OSHA Form 300. A serious injury or 

illness is one that required medical treatment other 

than first aid, restricted work or days away from work. 

(Details of each incident are entered on a separate 

form, the OSHA Form 301). This OSHA Form 300 

becomes an ongoing log of all recordable incidents. 

Each year from February 1 through April 30, employers 

must post a summary of the injury and illness log from 

the previous year (OSHA Form 300A) in a place where 

workers can see it. Workers and their representatives 

have the right to receive copies of the full OSHA Form 

300 log. Following a request, employers must make 

copies available at the end of the next business day.

These injury and illness logs are important because 

they provide a comprehensive guide to possible 

hazards in the workplace that may need correcting. 

The logs should be used to focus on areas with high 

injury and illness rates, and to find and fix hazards in 

order to prevent future occurrences.

Right to Exposure Data

Many OSHA standards require employers to run 

tests of the workplace environment to find out if 

their workers are being exposed to harmful levels of 

hazardous substances such as lead or asbestos, or 

high levels of noise or radiation. These types of tests 

are called exposure monitoring. OSHA gives workers 

the right to get the results of these tests.

Right to Your Medical Records

Some OSHA standards require medical tests to find 

out if a worker’s health has been affected because 

of exposures at work. For example, employers must 

test for hearing loss in workers exposed to excessive 

noise or for decreased lung function in workers 

exposed to asbestos. Workers have a right to their 

medical records. Workers’ representatives also have 

a right to review these records but they must first get 

written permission from the worker to gain access to 

their medical information. 
WORKERS’ RIGHTS

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OSHA Worksite Investigations

OSHA conducts on-site inspections of worksites to 

enforce the OSHA law that protects workers and 

their rights. Inspections are initiated without advance 

notice, conducted using on-site or telephone and 

facsimile investigations, and performed by highly 

trained compliance officers. Worksite inspections are 

conducted based on the following priorities:

■ Imminent danger;

■ A fatality or hospitalizations;

■ Worker complaints and referrals;

■ Targeted inspections – particular hazards, high 

injury rates; and

■ Follow-up inspections.

Inspections are conducted without employers 

knowing when or where they will occur. The employer 

is not informed in advance that there will be an 

inspection, regardless of whether it is in response to 

a complaint or is a programmed inspection. 

Right to File a Complaint with OSHA 

to Request an On-site OSHA Inspection

On-site inspections can be triggered by a worker 

complaint of a potential workplace hazard or violation. 

If your workplace has unsafe or unhealthful working 

conditions, you may want to file a complaint. Often 

the best and fastest way to get a hazard corrected is 

to notify your supervisor or employer. 

Current workers or their representatives may file 

a written complaint and ask OSHA to inspect their 

workplace if they believe there is a serious hazard or 

that their employer is not following OSHA standards 

or rules. Workers and their representatives have the 

right to ask for an inspection without OSHA telling 

their employer who filed the complaint. It is a violation 

of the OSH Act for an employer to fire, demote, 

transfer or retaliate in any way against a worker for 

filing a complaint or using other OSHA rights.

A complaint can be filed in a number of ways:

1. Online – Go to the online Complaint Form on 

the OSHA website, at www.osha.gov/ords/osha7/

eComplaintForm.html. Complaints that are sent in 

online will most likely be investigated using OSHA’s 

phone/fax system whereby the employer is contacted 

by phone or fax (not an actual inspection) about the 
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hazard. A written complaint that reports a serious 

hazard and is signed by a current worker(s) or their 

representative and mailed or otherwise submitted to 

an OSHA area or regional office is more likely to result 

in an on-site OSHA inspection. Complaints received 

online from workers in OSHA-approved State Plans 

will be forwarded to the appropriate state plan for 

response. For more information, visit www.osha.gov/

workers/file-complaint.

2. Fax/Mail/Email the OSHA Complaint Form or Send 

a Letter Describing Your Complaint – Download the 

OSHA complaint form from our website (or request 

a copy from your local OSHA regional or area office), 

complete it and then fax, mail, or email it back to 

your nearest OSHA regional or area office. Written 

complaints that report a serious hazard and are signed 

by a current worker or representative and submitted 

to the closest OSHA area office are given priority and 

are more likely to result in on-site OSHA inspections. 

A worker or their representative can request (on the 

form) that OSHA not let their employer know who filed 

the complaint. Please include your name, address and 

telephone number so we can contact you to follow up. 

This information is confidential. 

3. Telephone – Call your local OSHA regional or 

area office at 1-800-321-OSHA (6742). OSHA staff 

can discuss your complaint and respond to any 

questions you have. If there is an emergency or the 

hazard is immediately life-threatening, call your 

local OSHA regional or area office.

Who else can file a complaint?

Employee representatives, for the purposes of filing a 

complaint, are defined as any of the following:

■ An authorized representative of the employee 

bargaining unit, such as a certified or recognized 

labor organization. 

■ An attorney acting for an employee. 

■ Any other person acting in a bona fide representative 

capacity, including, but not limited to, members of 

the clergy, social workers, spouses and other family 

members, health care providers and government 

officials or nonprofit groups and organizations acting 

upon specific complaints or injuries from individuals 

who are employees. In general, the affected employee 

should have requested, or at least approved, the 

filing of the complaint on his or her behalf.
WORKERS’ RIGHTS

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In addition, anyone who knows about a workplace 

safety or health hazard may report unsafe conditions to 

OSHA, and OSHA will investigate the concerns reported.

Rights of Workers during an Inspection

During an inspection, workers or their representatives 

have the following rights:

■ Have a representative of employees, such as the 

safety steward of a labor organization, go along on 

the inspection;

■ Talk privately with the inspector; and

■ Take part in meetings with the inspector before and 

after the inspection.

When there is no authorized employee representative, 

the OSHA inspector must talk confidentially with a 

reasonable number of workers during the inspection. 

Workers are encouraged to:

■ Point out hazards;

■ Describe injuries or illnesses that resulted from 

these hazards;

■ Discuss past worker complaints about hazards; and

■ Inform the inspector of working conditions that are 

not normal during the inspection.

Following the Inspection

At the end of the inspection, the OSHA inspector 

will meet with the employer and the employee 

representatives in a closing conference to discuss 

any violations found and possible methods by which 

any hazards found will be abated. If it is not practical 

to hold a joint conference, the compliance officer will 

hold separate conferences. 

When the OSHA area director determines that there 

has been a violation of OSHA standards, regulations, 

or other requirements, the area director issues a 

citation and notification of proposed penalty to 

an employer. A citation includes a description of 

the violation and the date by when the corrective 

actions must be taken. Depending on the situation, 

OSHA can classify a violation as serious, willful, or 

repeat. The employer can also be cited for failing 

to correct a violation for which it has already been 

cited. Employers must post a copy of a citation in the 

workplace where employees will see it.
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Workers’ Rights following Issuance 

of Citations 

Workers and employers can contest citations once 

they are issued to the employer. Workers may only 

contest the amount of time the employer is given to 

correct the hazard. Workers or their representatives 

must file a notice of contest with the OSHA area 

office within 15 days of the issuance of a citation. 

Employers have the right to challenge whether 

there is a violation, how the violation is classified, 

the amount of any penalty, what the employer 

must do to correct the violation and how long 

they have to fix it. Workers or their representatives 

may participate in this appeals process by electing 

“party status.” This is done by filing a written notice 

with the Occupational Safety and Health Review 

Commission (OSHRC).

The OSHRC hears appeals of OSHA citations. They 

are an independent agency separate from the 

Department of Labor. For more information, write to:

U.S. Occupational Safety and Health 

Review Commission

1120 20th Street NW, 9th Floor

Washington, DC 20036

Phone: 202-606-5400 Fax: 202-606-5050

www.oshrc.gov

Right to Information if No Inspection is 

Conducted or No Citation Issued 

The OSHA area director evaluates complaints from 

employees or their representatives according to the 

procedures defined in the OSHA Field Operations 

Manual. If the area director decides not to inspect 

the workplace, he or she will send a letter to the 

complainant explaining the decision and the reasons 

for it.

OSHA will inform complainants that they have 

the right to request a review of the decision by 

the OSHA regional administrator. Similarly, in the 

event that OSHA decides not to issue a citation after 

an inspection, employees have a right to further 

clarification from the area director and an informal 

review by the regional administrator.
WORKERS’ RIGHTS

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Right to Use Your Rights: 

Protection against Retaliation 

Whistleblower Protection

The OSH Act prohibits employers from retaliating 

against their employees for using their rights under 

the OSH Act. These rights include raising safety 

and health concerns with an employer, reporting a 

work-related injury or illness, filing a complaint with 

OSHA, seeking an OSHA inspection, participating in 

an OSHA inspection and participating or testifying in 

any proceeding related to an OSHA inspection.

Protection from retaliation means that an employer 

cannot retaliate by taking “adverse action” against 

workers, such as:

■ Firing or laying off;

■ Demoting;

■ Denying overtime or promotion;

■ Disciplining;

■ Denying benefits;

■ Failing to hire or rehire;

■ Intimidation or harassment;

■ Making threats;

■ Reassignment to a less desirable position or 

actions affecting prospects for promotion (such as 

excluding an employee from training meetings);

■ Reducing or changing pay or hours;

■ More subtle actions, such as isolating, 

ostracizing, mocking, or falsely accusing the 

employee of poor performance;

■ Blacklisting (intentionally interfering with an 

employee’s ability to obtain future employment);

■ Constructive discharge (quitting when an employer 

makes working conditions intolerable due to the 

employee’s protected activity); or

■ Reporting or threatening to report an employee to 

the police or immigration authorities.

You can file a complaint alleging retaliation with 

OSHA if your employer has punished you for using 

any employee rights established under the OSH 

Act. If you have been retaliated against for using 

your rights, you must file a complaint with OSHA 

within 30 calendar days from the date the retaliatory 

decision has been both made and communicated 

to you (the worker). Contact your local OSHA office 

by calling, within 30 days of the alleged retaliation, 
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1-800-321-OSHA (6742), or send a letter to your 

closest regional or area office. No form is required. In 

states with approved state plans, employees may file 

a complaint with both the State and Federal OSHA. 

Following a complaint, OSHA will contact the 

complainant and conduct an interview to determine 

whether an investigation is necessary.

If the evidence shows that the employee has been 

retaliated against for exercising safety and health 

rights, OSHA will ask the employer to restore that 

worker’s job, earnings, and benefits. If the employer 

refuses, OSHA may take the employer to court. In 

such cases, a Department of Labor attorney will 

represent the employee to obtain this relief.

If There is a Dangerous Situation at Work

If you believe working conditions are unsafe or 

unhealthful, we recommend that you bring the 

conditions to your employer’s attention, if possible.

You may file a complaint with OSHA concerning a 

hazardous working condition at any time. However, 

you should not leave the worksite merely because 

you have filed a complaint. If the condition clearly 

presents 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 to 

the attention of your employer, you may have a legal 

right to refuse to work in a situation in which you 

would be exposed to the hazard.

If a worker, with no reasonable alternative, refuses 

in good faith to expose himself or herself to a 

dangerous condition, he or she would be protected 

from subsequent retaliation. The condition must be 

of such a nature that a reasonable person would 

conclude that there is a real danger of death or 

serious harm and that there is not enough time 

to contact OSHA and for OSHA to inspect. Where 

possible, the employee must have also sought 

from his employer, and been unable to obtain, a 

correction of the condition. For more information, go 

to www.whistleblowers.gov/refusals.
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Additional Whistleblower Protections

Since passage of the OSH Act in 1970, Congress has 

expanded OSHA’s whistleblower protection authority 

to protect workers from retaliation under more than 

20 federal laws. These laws protect workers who 

report violations of various workplace safety, airline, 

antitrust, anti-money laundering, commercial motor 

carrier, consumer product, environmental, financial 

reform, healthcare reform, nuclear, pipeline, public 

transportation agency, railroad, maritime, securities, 

and tax laws. Complaints must be reported to OSHA 

within set timeframes following the retaliatory action, 

as prescribed by each law. These laws, and the 

number of days workers have to file a complaint, are:

Employee Safety and Environmental Protection Laws

■ Asbestos Hazard Emergency Response Act (AHERA) 

(90 days). Provides retaliation protection for 

individuals who report violations of environmental 

laws relating to asbestos in public or private 

nonprofit elementary and secondary school systems. 

■ Clean Air Act (CAA) (30 days). Provides retaliation 

protection for employees who, among other things, 

report violations of this law, which provides for 

the development and enforcement of standards 

regarding air quality and air pollution.

■ Comprehensive Environmental Response, 

Compensation, and Liability Act (CERCLA)

(30 days). Protects employees who report 

regulatory violations involving accidents, spills, 

and other emergency releases of pollutants into 

the environment. The law also protects employees 

who report violations related to the cleanup of 

uncontrolled or abandoned hazardous waste sites.

■ Energy Reorganization Act (ERA) (180 days). 

Protects certain employees in the nuclear industry 

who report violations of the Atomic Energy Act 

(AEA). Protected employees include employees 

of operators, contractors and subcontractors of 

nuclear power plants licensed by the Nuclear 

Regulatory Commission, and employees of 

contractors working with the Department of Energy 

under a contract pursuant to the Atomic Energy Act.

■ Federal Water Pollution Control Act (FWPCA) 

(also known as the Clean Water Act) (30 days). 

Provides retaliation protection for employees who, 

among other things, report violations of the law 

controlling water pollution.
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■ Occupational Safety and Health Act (Section 11(c))

(30 days). Provides retaliation protection for 

employees who exercise a variety of rights 

guaranteed under this law, such as filing a safety 

and health complaint with OSHA and participating 

in an inspection. 

■ Safe Drinking Water Act (SDWA) (30 days). 

Provides retaliation protection for employees who, 

among other things, report violations of this law, 

which requires that all drinking water systems assure 

that their water is potable, as determined by the 

Environmental Protection Agency.

■ Solid Waste Disposal Act (SWDA) (also known 

as the Resource Conservation and Recovery Act)

(30 days). Provides retaliation protection for 

employees who, among other things, report 

violations of the law regulating the disposal of 

solid waste. 

■ Toxic Substances Control Act (TSCA) (30 days). 

Provides retaliation protection for employees who, 

among other things, report violations of regulations 

involving the manufacture, distribution, and use of 

certain toxic substances.

Transportation Services Laws

■ Federal Railroad Safety Act (FRSA) (180 days). 

Provides protection to employees of railroad 

carriers and contractors and subcontractors of 

those carriers who report an alleged violation of any 

federal law, rule, or regulation relating to railroad 

safety or security, or gross fraud, waste, or abuse 

of federal grants or other public funds intended to 

be used for railroad safety or security; report, in 

good faith, a hazardous safety or security condition; 

refuse to violate or assist in the violation of any 

federal law, rule, or regulation relating to railroad 

safety or security; refuse to work when confronted 

by a hazardous safety or security condition related 

to the performance of the employee’s duties (under 

imminent danger circumstances); request prompt 

medical or first-aid treatment for employmentrelated injuries; are disciplined for requesting 

medical or first-aid treatment or for following an 

order or treatment plan of a treating physician. 

■ International Safe Container Act (ISCA) (60 days). 

Provides retaliation protection for employees 

who report violations of this law, which regulates 

shipping containers.
WORKERS’ RIGHTS

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■ National Transit Systems Security Act (NTSSA) 

(180 days). Provides protection to public transit 

employees who, among other things, report 

an alleged violation of any federal law, rule, or 

regulation relating to public transportation agency 

safety or security, or fraud, waste, or abuse of federal 

grants or other public funds intended to be used for 

public transportation safety or security; refuse to 

violate or assist in the violation of any federal law, 

rule, or regulation relating to public transportation 

safety or security; report a hazardous safety or 

security condition; refuse to work when confronted 

by a hazardous safety or security condition related 

to the performance of the employee’s duties (under 

imminent danger circumstances).

■ Pipeline Safety Improvement Act (PSIA) (180 days). 

Provides retaliation protection for employees who 

report violations of the federal laws regarding 

pipeline safety and security or who refuse to violate 

such provisions.

■ Seaman’s Protection Act (SPA) (180 days). Seamen 

are protected, among other things, for reporting 

to the Coast Guard or other federal agency a 

reasonably believed violation of a maritime safety 

law or regulation prescribed under that law or 

regulation. The law also protects work refusals where 

the employee reasonably believes an assigned task 

would result in serious injury or impairment of health 

to the seaman, other seamen, or the public and 

when the seaman sought, and was unable to obtain 

correction of the unsafe conditions. 

■ Surface Transportation Assistance Act (STAA)

(180 days). Provides retaliation protection for truck 

drivers and other employees relating to the safety 

of commercial motor vehicles. Coverage includes 

all buses for hire and freight trucks with a gross 

vehicle weight greater than 10,001 pounds. 

■ Wendell H. Ford Aviation Investment and Reform 

Act for the 21st Century (AIR21) (90 days). Provides 

retaliation protection for employees of air carriers, 

contractors, or subcontractors of air carriers who, 

among other things, raise safety concerns.

Health Insurance and Fraud Prevention Laws

■ Affordable Care Act (ACA) (180 days). Protects 

employees who report violations of any provision 

of Title I of the ACA, including but not limited to 

retaliation based on an individual’s receipt of health 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

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insurance subsidies, the denial of coverage based 

on a preexisting condition, or an insurer’s failure to 

rebate a portion of an excess premium. 

■ Anti-Money Laundering Act (AMLA) (90 days). 

Protects employees who report potential money 

laundering violations to their employers or to the 

federal government.

■ Consumer Financial Protection Act (CFPA), 

Section 1057 of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act (180 days). 

Protects employees who report perceived 

violations of any provision of the Dodd-Frank 

Act, which encompasses nearly every aspect of the 

financial services industry. The law also protects 

employees who report violations of any rule, order, 

standard or prohibition prescribed by the Bureau of 

Consumer Financial Protection.

■ Criminal Antitrust Anti-Retaliation Act (CAARA) 

(180 days). Protects employees who report criminal 

antitrust violations to their employers or the federal 

government, or engage in related protected activities.

■ Sarbanes-Oxley Act (SOX) (180 days). Protects 

employees of certain companies who report alleged 

mail, wire, bank or securities fraud; violations of the 

Securities and Exchange Commission (SEC) rules and 

regulations; or violations of federal laws related to 

fraud against shareholders. The law covers employees 

of publicly traded companies and companies required 

to file certain reports with the SEC.

■ Taxpayer First Act (TFA) (180 days). Provides 

retaliation protection for employees who report 

underpayment of tax, violations of internal revenue 

laws, or violations of federal law relating to tax 

fraud; or engage in other related protected activities.

Consumer Safety Laws

■ Consumer Product Safety Improvement Act 

(CPSIA) (180 days). Protects employees who 

report to their employer, the federal government, 

or a state attorney general reasonably perceived 

violations of any statute or regulation within 

the jurisdiction of the Consumer Product Safety 

Commission (CPSC). CPSIA covers employees 

of consumer product manufacturers, importers, 

distributors, retailers, and private labelers. 

■ FDA Food Safety Modernization Act (FSMA) 

(180 days). Protects employees of food 

manufacturers, distributors, packers, and 
WORKERS’ RIGHTS

2 1

transporters for reporting a violation of the 

Food, Drug, and Cosmetic Act, or a regulation 

promulgated under this law. Employees are also 

protected from retaliation for refusing to participate 

in a practice that violates this law.

■ Moving Ahead for Progress in the 21st Century 

Act (MAP-21) (180 days). Prohibits retaliation 

by motor vehicle manufacturers, part suppliers, 

and dealerships against employees for providing 

information to the employer or the U.S. Department 

of Transportation about motor vehicle defects, 

noncompliance, or violations of the notification or 

reporting requirements enforced by the National 

Highway Traffic Safety Administration or for 

engaging in related protected activities as set forth 

in the provision.

If you believe that you have been retaliated against, 

call 1-800-321-OSHA (6742) to be connected to the 

nearest OSHA office to report your complaint. For 

more information, visit OSHA’s Whistleblower page 

at www.whistleblowers.gov.

OSHA Assistance, Services, and Programs

OSHA has a great deal of information to assist 

employers in complying with their responsibilities 

under OSHA law. Several OSHA programs and 

services can help employers identify and correct 

job hazards, as well as improve their safety and 

health program.

Establishing a Safety and Health Program

Safety and health programs are systems that can 

substantially reduce the number and severity of 

workplace injuries and illnesses, while reducing 

costs to employers. 

Visit www.osha.gov/safety-management for more 

information.

Compliance Assistance Specialists

OSHA compliance assistance specialists can 

provide information to employers and workers 

about OSHA standards, short educational 

programs on specific hazards or OSHA rights and 

responsibilities, and information on additional 

compliance assistance resources. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

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Visit www.osha.gov/complianceassistance/cas or 

call 1-800-321-OSHA (6742) to contact your local 

OSHA office.

No-Cost On-Site Safety and Health 

Consultation Services for Small Business

OSHA’s On-Site Consultation Program offers 

no-cost and confidential advice to small and mediumsized businesses in all states, with priority given to 

high-hazard worksites. On-Site consultation services 

are separate from enforcement and do not result 

in penalties or citations. 

For more information or to find the local On-Site 

Consultation office in your state, visit www.osha.gov/

consultation, or call 1-800-321-OSHA (6742).

Under the consultation program, certain exemplary 

employers may request participation in OSHA’s 

Safety and Health Achievement Recognition Program 

(SHARP). Worksites that receive SHARP recognition 

are exempt from programmed inspections during the 

period that the SHARP certification is valid.

Cooperative Programs

OSHA offers cooperative programs under which 

businesses, labor groups and other organizations can 

work cooperatively with OSHA. To find out more about 

any of the following programs, visit www.osha.gov/

cooperativeprograms.

Strategic Partnerships and Alliances

The OSHA Strategic Partnerships (OSP) provide the 

opportunity for OSHA to partner with employers, 

workers, professional or trade associations, labor 

organizations, and/or other interested stakeholders. 

Through the Alliance Program, OSHA works with 

groups to develop compliance assistance tools and 

resources to share with workers and employers, and 

educate workers and employers about their rights 

and responsibilities.

Voluntary Protection Programs (VPP)

The VPP recognize employers and workers in the 

private sector and federal agencies who have 

implemented effective safety and health programs 

and maintain injury and illness rates below the 

national average for their respective industries.
WORKERS’ RIGHTS

2 3

Occupational Safety and Health Training

OSHA partners with more than 25 OSHA Training 

Institute Education Centers at multiple locations 

throughout the United States to deliver courses 

on OSHA standards and occupational safety and 

health topics to thousands of students a year. 

For more information on training courses, visit 

www.osha.gov/otiec.

OSHA Educational Materials

OSHA has many types of educational materials 

to assist employers and workers in finding and 

preventing workplace hazards. 

All OSHA publications are free at www.osha.gov/

publications and www.osha.gov/ebooks. You can also 

call 1-800-321-OSHA (6742) to order publications.

Employers and safety and health professionals can 

sign-up for QuickTakes, OSHA’s free, twice-monthly 

online newsletter with the latest news about OSHA 

initiatives and products to assist in finding and 

preventing workplace hazards. To sign up, visit 

www.osha.gov/quicktakes.

How to Contact OSHA

Under the Occupational Safety and Health Act of 

1970, employers are responsible for providing safe 

and healthful workplaces for their employees. OSHA’s 

role is to help ensure these conditions for America’s 

workers by setting and enforcing standards, and 

providing training, education and assistance. For 

more information, 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. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 4

OSHA Regional Offices

Region 1

Boston Regional Office

(CT*, ME*, MA*, NH, RI, VT*)

JFK Federal Building

25 New Sudbury Street, Room E340 

Boston, MA 02203

(617) 565-9860 (617) 565-9827 Fax 

Region 2

New York Regional Office

(NJ*, NY*, PR*, VI*)

Federal Building

201 Varick Street, Room 670

New York, NY 10014

(212) 337-2378 (212) 337-2371 Fax

Region 3

Philadelphia Regional Office

(DE, DC, MD*, PA, VA*, WV)

The Curtis Center

170 S. Independence Mall West, Suite 740 West

Philadelphia, PA 19106-3309

(215) 861-4900 (215) 861-4904 Fax

Region 4 

Atlanta Regional Office

(AL, FL, GA, KY*, MS, NC*, SC*, TN*)

Sam Nunn Atlanta Federal Center

61 Forsyth Street, SW, Room 6T50

Atlanta, GA 30303

(678) 237-0400 (678) 237-0447 Fax

Region 5

Chicago Regional Office

(IL*, IN*, MI*, MN*, OH, WI)

John C. Kluczynski Federal Building 

230 South Dearborn Street, Room 3244

Chicago, IL 60604

(312) 353-2220 (312) 353-7774 Fax

Region 6

Dallas Regional Office

(AR, LA, NM*, OK, TX)

A. Maceo Smith Federal Building 

525 Griffin Street, Room 602

Dallas, TX 75202

(972) 850-4145 (972) 850-4149 Fax
Region 7

Kansas City Regional Office

(IA*, KS, MO, NE)

Two Pershing Square Building

2300 Main Street, Suite 1010

Kansas City, MO 64108-2416

(816) 283-8745 (816) 283-0547 Fax

Region 8

Denver Regional Office

(CO, MT, ND, SD, UT*, WY*)

Cesar Chavez Memorial Building

1244 Speer Boulevard, Suite 551

Denver, CO 80204

(720) 264-6550 (720) 264-6585 Fax

Region 9 

San Francisco Regional Office

(AZ*, CA*, HI*, NV*, and American Samoa, 

Guam and the Northern Mariana Islands)

San Francisco Federal Building 

90 7th Street, Suite 2650

San Francisco, CA 94103

(415) 625-2547 (415) 625-2534 Fax

Region 10

Seattle Regional Office

(AK*, ID, OR*, WA*)

Fifth & Yesler Tower

300 Fifth Avenue, Suite 1280

Seattle, WA 98104

(206) 757-6700 (206) 757-6705 Fax

* These states and territories operate their own 

OSHA-approved job safety and health plans and 

cover state and local government employees as well 

as private sector employees. The Connecticut, Illinois, 

Maine, Massachusetts, New Jersey, New York and 

Virgin Islands programs cover public employees only. 

(Private sector workers in these states are covered by 

Federal OSHA). States with approved programs must 

have standards that are identical to, or at least as 

effective as, the Federal OSHA standards.

Note: To get contact information for OSHA area 

offices, OSHA-approved State Plans and OSHA 

consultation projects, please visit us online at 

www.osha.gov or call us at 1-800-321-OSHA (6742).
If you think your job 

is unsafe and you have 

questions, call OSHA.

We can help. 

For more information:

Occupational 

Safety and Health

Administration

www.osha.gov (800) 321-OSHA (6742)

U.S. Department of Labor