Employees' Rights Under OSHA

April 13, 2006

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As an employer, you must respect employees' rights under the OSH Act. Employees' rights include:

initiating OSHA inspections by filing a complaint against you
consulting with OSHA representatives during inspections
having an employee representative accompany an inspector
instituting action in court in the event of imminent danger and OSHA's failure to act
accessing environmental sampling data and toxic substances monitoring
requesting and receiving notice of citations and penalties
requesting and receiving notice of all contested actions and proceedings
requesting and receiving notice of all variances and abatement periods
accessing injury and illness Form 300A
requesting that the employee's personal physician have access to medical records on the employee created by a company physician or other health care professionals on behalf of the employer
refusing to work in dangerous conditions
having their rights posted in the workplace

Employees cannot be discharged or discriminated against for exercising any right created by the Act or for filing complaints or instituting proceedings under or related to the Act. OSHA also administers the whistleblowing provisions of several other statutes which protect employees who report violations of various transportation, environmental and securities laws. And since the number one reason that OSHA inspects businesses is employees' complaints, be sure to comply with OSHA recordkeeping.

OSHA requires you to display posters that inform employees of their job safety rights. Copies of this poster (OSHA 3165) are available at the OSHA web site.

Private rights of action. The OSH Act does not create a private right of action that would allow employees to sue you for injuries caused by your violation of the Act or OSHA standards. On the other hand, the OSH Act does not affect state workers' compensation laws, nor does it preclude a suit by an employee based on any rights created by state statutes or common law. Evidence of OSHA violations may be admissible as evidence in such a suit.