Workers' Rights
The Occupational Safety and Health Act of 1970 gave employers the responsibility "to assure...so far as possible, every working man and woman in the nation safe and healthful working conditions." The Act also set up the Occupational Safety and Health Administration (OSHA) within the Department of Labor to help enforce these rights.
The Act gave workers the right to work in a workplace free from hazards, including:
- The right to strict government enforced safety and health standards,
- The right to request an OSHA inspection of the workplace, and
- The right to participate in the workplace inspection.
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Review copies of appropriate standards, rules, regulations and requirements that the employers should have available at the workplace.
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Request information from the employer on safety and health hazards in the workplace, precautions that may be taken, and procedures to be followed if the employee is involved in an incident or is exposed to toxic substances.
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Have access to relevant employee exposure and medical records.
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Have an authorized representative (the union) or themselves, receive the OSHA 300 Log (the log and summary of occupational injuries) within the next business day.
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Observe any monitoring or measuring of hazardous materials and view the resulting records, as specified under the Act, and as required by OSHA standards.
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Request an inspection if they believe hazardous conditions or violations of standards exist in the workplace. Have their names withheld from the employer, upon request to OSHA, if a written and signed complaint is filed.
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Have an authorized employee representative (the union) accompany the OSHA compliance officer during the inspection tour.
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Respond to questions from the OSHA compliance officer, free from fears of discrimination.
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Object to the abatement period set by OSHA for correcting any violation in the citation issued to the employer by writing to the OSHA area director within 15 working days from the date the employer receives a citation.
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Submit a written request to the National Institute for Occupational Safety and Health (NIOSH) for information on whether any substance in the workplace has potentially toxic effects in the concentration being used.
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Be notified by the employer if the employer applies for a variance from an OSHA stands, testify at a variance hearing, and appeal the final decision.
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Be advised of OSHA actions regarding a complaint and request an informal review of any decision not to inspect or to issue a citation.
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File a Section II (c) discrimination complaint if punished for exercising the above rights or for refusing to work when faced with an imminent danger of death or serious injury and there is insufficient time for OSHA to inspect.
Although workers have these legal rights under OSHA, OSHA is a very small agency and is limited by the number of inspectors employed to inspect workplaces. That is why it is important for safety committee members, stewards and other union members to be actively involved in seeing that our rights are upheld, and that we have safe places in which to work. In addition to exercising our OSHA rights, developing and enforcing strong safety and health contract language is critical.
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