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Articles Laws About Safety Rights In The Workplace

Laws About Safety Rights In The Workplace

Principal Author / Publisher:Safetyhow Admin
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Employees are entitled to a safe and healthful work environment. This right is the foundation of the Occupational Health and Safety Act of 1970, which is administered by the Occupational Health and Safety Administration (OSHA). OSHA's purpose is to prevent workplace injuries and illnesses, save lives and protect the health of all workers. State safety laws and industry-specific federal laws, such as the Toxic Substances Control Act and the Surface Transpiration Safety Act, provide additional worker rights.



Right to Information

Employees have the right to information about safety and health standards, rules and requirements. They have the right to receive training on how to deal with safety hazards in the workplace, including what procedures to follow if a worker is involved in an accident or exposed to toxic substances. Employees also have the right to see information about the organization's health and safety record.

Right to File a Complaint

Workers have the right to submit a complaint to OSHA and to request a site inspection if they believe that hazardous conditions exist or that the employer failed to correct violations. Workers can assist in OSHA investigations by answering questions, accompanying the OSHA compliance officer on the inspection, observing monitoring of hazardous materials or processes and reviewing the results of the OSHA inspection. In addition, an employer may not retaliate against a worker who files a complaint with OSHA.



Right to Refuse an Assignment

Employees have the right to refuse to perform a hazardous task, if they believe that their lives are in imminent danger. A refusal to perform a hazardous task must meet the following criteria. First, the worker asked the employer to eliminate the danger, but the employer failed to do so. The refusal must be based on the worker's good-faith belief that there is an imminent danger to health and safety such that a reasonable person would agree that there is a real danger of death or serious injury. Finally, due to the urgency and nature of the hazard, there is not enough time to have it corrected through regular processes, such as requesting an OSHA inspection. Union contracts and some state safety laws also support an employer's right to refuse to do a hazardous task.

Whistleblower Protection

Workers are protected against retaliation by their employers for complaining about health and safety hazards to the employer, the union, OSHA or any federal or state agency. In addition, organizations may not retaliate against workers for participating in OSHA inspections, hearings, conferences or other safety related activities. Employers are prohibited from punishing, discriminating against or harassing workers who file safety complaints. If employees believe they are being punished for exercising their safety rights, they have the right to file retaliation complaints with OSHA.

Employer/Employee Collaboration

OSHA encourages employers and employees to work together to ensure workplace healthiness and safety. Employers must provide information, notification and training to employees. Workers must comply with health and safety standards, follow proper safety procedures and report both hazards and accidents to their supervisors.





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