Workers Rights OSHA 3021-09R 2014

Workers Rights OSHA 3021-09R 2014

Occupatioal Safety ad Health Act of 1970 To assure safe ad healthful workig coditios for workig me ad wome; by authorizig eforcemet of the stadards developed uder the Act; by assistig ad ecouragig the States i their efforts to assure safe ad healthful workig coditios; by providig for research, iformatio, educatio, ad traiig i the field of occupatioal safety ad health... This publicatio provides a geeral overview of worker rights uder the Occupatioal Safety ad Health Act (OSH Act). This publicatio does ot alter or determie compliace resposibilities which are set forth i OSHA stadards ad the OSH Act. Moreover, because iterpretatios ad eforcemet policy may chage over time, for additioal guidace o OSHA compliace requiremets the reader should cosult curret admiistrative iterpretatios ad decisios by the Occupatioal Safety ad Health Review Commissio ad the courts. This documet, Workers Rights, replaces Employee Workplace Rights. Material cotaied i this publicatio is i the public domai ad may be reproduced, fully or partially, without permissio. Source credit is requested but ot required. This iformatio will be made available to sesory-impaired idividuals upo request. Voice phoe: (202) 693-1999; teletypewriter (TTY) umber: 1-877-889-5627.

Workers Rights U.S. Departmet of Labor Occupatioal Safety ad Health Admiistratio OSHA 3021-09R 2014

Cotets Itroductio 3 Worker Protectio is the Law of the Lad 3 Workers Rights uder the OSH Act 3 Employer Resposibilities 4 Who Does OSHA Cover 5 Private Sector Workers 5 State ad Local Govermet Workers 5 Federal Govermet Workers 5 Not Covered uder the OSH Act 6 Worker Rights i State-Pla States 6 Right to a Safe ad Healthful Workplace 7 Employers Geeral Duty 7 OSHA Stadards: Protectio o the Job 7 Right to be Provided Protective Equipmet Free of Charge 8 Right to Iformatio 8 OSHA Worksite Ivestigatios 10 Right to File a Complait with OSHA to Request a O-site OSHA Ispectio 11 Rights of Workers durig a Ispectio 12 Workers Rights followig Issuace of Citatios 13 Right to Iformatio If No Ispectio is Coducted or No Citatio Issued 14 Right to Use Your Rights: Protectio agaist Retaliatio Whistleblower Protectio 14 If There is a Dagerous Situatio at Work 16 Additioal Whistleblower Protectios 16 OSHA Assistace, Services ad Programs 21 Establishig a Ijury ad Illess Prevetio Program 21 Compliace Assistace Specialists 22 Free O-site Safety ad Health Cosultatio Services for Small Busiess 22 Cooperative Programs 23 Occupatioal Safety ad Health Traiig 24 OSHA Educatioal Materials 24 NIOSH Health Hazard Evaluatio Program 25 How to Cotact OSHA 26 OSHA Regioal Offices 27 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 2

Itroductio Worker Protectio is the Law of the Lad You have the right to a safe workplace. The Occupatioal Safety ad Health Act of 1970 (OSH Act) was passed to prevet workers from beig killed or otherwise harmed at work. The law requires employers to provide their employees with workig coditios that are free of kow dagers. The OSH Act created the Occupatioal Safety ad Health Admiistratio (OSHA), which sets ad eforces protective workplace safety ad health stadards. OSHA also provides iformatio, traiig ad assistace to employers ad workers. Cotact us if you have questios or wat to file a complait. We will keep your iformatio cofidetial. We are here to help you. Workers Rights uder the OSH Act The OSH Act gives workers the right to safe ad healthful workig coditios. It is the duty of employers to provide workplaces that are free of kow dagers that could harm their employees. This law also gives workers importat rights to participate i activities to esure their protectio from job hazards. This booklet explais workers rights to: File a cofidetial complait with OSHA to have their workplace ispected. Receive iformatio ad traiig about hazards, methods to prevet harm, ad the OSHA stadards that apply to their workplace. The traiig must be doe i a laguage ad vocabulary workers ca uderstad. Review records of work-related ijuries ad illesses that occur i their workplace. Receive copies of the results from tests ad moitorig doe to fid ad measure hazards i the workplace. Get copies of their workplace medical records. Participate i a OSHA ispectio ad speak i private with the ispector. File a complait with OSHA if they have bee retaliated agaist by their employer as the result of requestig a ispectio or usig ay of their other rights uder the OSH Act. WORKERS RIGHTS 3

File a complait if puished or retaliated agaist for actig as a whistleblower uder the additioal 21 federal statutes for which OSHA has jurisdictio. A job must be safe or it caot be called a good job. OSHA strives to make sure that every worker i the atio goes home uharmed at the ed of the workday, the most importat right of all. Employer Resposibilities Employers have the resposibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does ot have serious hazards ad must follow all OSHA safety ad health stadards. Employers must fid ad correct safety ad health problems. OSHA further requires that employers must try to elimiate or reduce hazards first by makig feasible chages i workig coditios switchig to safer chemicals, eclosig processes to trap harmful fumes, or usig vetilatio systems to clea the air are examples of effective ways to get rid of or miimize risks rather tha just relyig o persoal protective equipmet such as masks, gloves, or earplugs. Employers MUST also: Promietly display the official OSHA poster that describes rights ad resposibilities uder the OSH Act. This poster is free ad ca be dowloaded from www.osha.gov. Iform workers about hazards through traiig, labels, alarms, color-coded systems, chemical iformatio sheets ad other methods. Trai workers i a laguage ad vocabulary they ca uderstad. Keep accurate records of work-related ijuries ad illesses. Perform tests i the workplace, such as air samplig, required by some OSHA stadards. Provide hearig exams or other medical tests required by OSHA stadards. Post OSHA citatios ad ijury ad illess data where workers ca see them. As of Jauary 1, 2015, otify OSHA withi 8 hours of a workplace fatality or withi 24 hours of ay work-related ipatiet hospitalizatio, amputatio or loss of a eye. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 4

Not retaliate agaist workers for usig their rights uder the law, icludig their right to report a work-related ijury or illess. Who Does OSHA Cover Private Sector Workers Most employees i the atio come uder OSHA s jurisdictio. OSHA covers most private sector employers ad employees i all 50 states, the District of Columbia, ad other U.S. jurisdictios either directly through Federal OSHA or through a OSHAapproved state pla. State-ru health ad safety plas must be at least as effective as the Federal OSHA program. To fid the cotact iformatio for the OSHA Federal or State Program office earest you, call 1-800-321-OSHA (6742) or go to www.osha.gov. State ad Local Govermet Workers Employees who work for state ad local govermets are ot covered by Federal OSHA, but have OSH Act protectios if they work i those states that have a OSHA-approved state pla. The followig 22 states or territories have OSHA-approved programs: Alaska Arizoa Califoria Hawaii Idiaa Iowa Ketucky Marylad Michiga Miesota Nevada New Mexico North Carolia Orego South Carolia Teessee Utah Vermot Virgiia Washigto Wyomig Puerto Rico Four additioal states ad oe U.S. territory have OSHA-approved plas that cover public sector workers oly: Coecticut Illiois New Jersey New York Virgi Islads Private sector workers i these four states ad the Virgi Islads are covered by Federal OSHA. Federal Govermet Workers Federal agecies must have a safety ad health program that meets the same stadards as private employers. Although OSHA does ot fie federal WORKERS RIGHTS 5

agecies, it does moitor federal agecies ad respods to workers complaits. The Uited States Postal Service (USPS) is covered by OSHA. Not Covered uder the OSH Act Self-employed; Immediate family members of farm employers; ad Workplace hazards regulated by aother federal agecy (for example, the Mie Safety ad Health Admiistratio, the Departmet of Eergy, or Coast Guard). OSHA-Approved State Plas AK WA ME CA OR NV ID UT MT WY CO ND SD NE KS MN WI IA IL MO MI IN OH KY VT NH NY MA CT RI PA NJ MD DE WV VA DC NC TN AZ NM OK AR SC HI MS AL GA TX LA PR FL VI OSHA-approved state plas (private sector ad public employees) Federal OSHA (private sector ad most federal employees) OSHA-approved state plas (for public employees oly; private sector employees are covered by Federal OSHA) Worker Rights i State-Pla States States that assume resposibility for their ow occupatioal safety ad health programs must have provisios at least as effective as Federal OSHA s, icludig the protectio of worker rights. Ay iterested perso or group, icludig employees, with a complait cocerig the operatio or admiistratio of a state program may submit a complait to the appropriate Federal OSHA regioal admiistrator. (See cotact list at the ed of this booklet). This is called a Complait About State Program Admiistratio (CASPA). The OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 6

complaitat s ame will be kept cofidetial. The OSHA regioal admiistrator will ivestigate all such complaits, ad where complaits are foud to be valid, require appropriate corrective actio o the part of the state. Right to a Safe ad Healthful Workplace Employers Geeral Duty Employers have the resposibility to provide a safe ad healthful workplace that is free from serious recogized hazards. This is commoly kow as the Geeral Duty Clause of the OSH Act. OSHA Stadards: Protectio o the Job OSHA stadards are rules that describe the methods that employers must use to protect their employees from hazards. There are four groups of OSHA stadards: Geeral Idustry, Costructio, Maritime, ad Agriculture. (Geeral Idustry is the set that applies to the largest umber of workers ad worksites). These stadards are desiged to protect workers from a wide rage of hazards. These stadards also limit the amout of hazardous chemicals, substaces, or oise that workers ca be exposed to; require the use of certai safe work practices ad equipmet; ad require employers to moitor certai hazards ad keep records of workplace ijuries ad illesses. Examples of OSHA stadards iclude requiremets to: Provide fall protectio, such as a safety haress ad lifelie; Prevet trechig cave-is; Esure the safety of workers who eter cofied spaces such as maholes or grai bis; Prevet exposure to high levels of oise that ca damage hearig; Put guards o machies; Prevet exposure to harmful levels of substaces like asbestos ad lead; Provide workers with respirators ad other eeded safety equipmet (i almost all cases, free of charge); WORKERS RIGHTS 7

Provide healthcare workers with eedles ad sharp istrumets that have built-i safety features to prevet ski puctures or cuts that could cause exposure to ifectious diseases; ad Trai workers usig a laguage ad vocabulary they uderstad about hazards ad how to protect themselves. Employers must also comply with the Geeral Duty Clause of the OSH Act. This clause requires employers to keep their workplaces free of serious recogized hazards ad is geerally cited whe o specific OSHA stadard applies to the hazard. Right to be Provided Protective Equipmet Free of Charge I some situatios it is ot possible to completely elimiate a hazard or reduce exposures to a safe level, so respirators, goggles, earplugs, gloves, or other types of persoal protective equipmet are ofte used by themselves or i additio to other hazard cotrol measures. Employers must provide most protective equipmet free of charge. Employers are resposible for kowig whe protective equipmet is eeded. Right to Iformatio OSHA gives workers ad their represetatives the right to see iformatio that employers collect o hazards i the workplace. Workers have the right to kow what hazards are preset i the workplace ad how to protect themselves. May OSHA stadards require various methods that employers must use to iform their employees, such as warig sigs, color-codig, sigals, ad traiig. Workers must receive their ormal rate of pay to atted traiig that is required by OSHA stadards ad rules. The traiig must be i a laguage ad vocabulary that workers ca uderstad. Right to Kow about Chemical Hazards The Hazard Commuicatio stadard, kow as the right-to-kow stadard, requires employers to iform ad trai workers about hazardous chemicals ad substaces i the workplace. Employers must: Provide workers with effective iformatio ad traiig o hazardous chemicals i their work area. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 8

This traiig must be i a laguage ad vocabulary that workers ca uderstad; Keep a curret list of hazardous chemicals that are i the workplace; Make sure that hazardous chemical cotaiers are properly labeled with the idetity of the hazardous chemical ad appropriate hazard warigs; ad Have ad make available to workers ad their represetatives Safety Data Sheets (SDSs) (formerly kow as Material Safety Data Sheets or MSDSs) for each substace that provide detailed iformatio about chemical hazards, their effects, how to prevet exposure, ad emergecy treatmet if a exposure occurs. Right to Kow about Laws ad Your Rights Employers must display the official OSHA Poster, Job Safety ad Health: It s the Law, i a place where workers will see it. It ca be dowloaded from the OSHA website, www.osha.gov. Pre-prited copies ca also be obtaied from OSHA. Right to Get Copies of Workplace Ijury ad Illess Records OSHA s Recordkeepig Rule requires employers i higher-hazard idustries with more tha te employees to keep accurate ad complete records of workrelated ijuries ad illesses. (Certai low-hazard workplaces such as offices are ot required to keep such records). Employers must record ay serious work-related ijury or illess o the OSHA Form 300. A serious ijury or illess is oe that required medical treatmet other tha first aid, restricted work or days away from work. (Details of each icidet are etered o a separate form, the OSHA Form 301). This OSHA Form 300 becomes a ogoig log of all recordable icidets. Each year from February 1 through April 30, employers must post a summary of the ijury ad illess log from the previous year (OSHA Form 300A) i a place where workers ca see it. Workers ad their represetatives have the right to receive copies of the full OSHA Form 300 log. Followig a request, employers must make copies available at the ed of the ext busiess day. WORKERS RIGHTS 9

These ijury ad illess logs are importat because they provide a comprehesive guide to possible hazards i the workplace that may eed correctig. The logs should be used to focus o areas with high ijury ad illess rates, ad to fid ad fix hazards i order to prevet future occurreces. Right to Exposure Data May OSHA stadards require employers to ru tests of the workplace eviromet to fid out if their workers are beig exposed to harmful levels of hazardous substaces such as lead or asbestos, or high levels of oise or radiatio. These types of tests are called exposure moitorig. OSHA gives workers the right to get the results of these tests. Right to Your Medical Records Some OSHA stadards require medical tests to fid out if a worker s health has bee affected because of exposures at work. For example, employers must test for hearig loss i workers exposed to excessive oise or for decreased lug fuctio i workers exposed to asbestos. Workers have a right to their medical records. Workers represetatives also have a right to review these records but they must first get writte permissio from the worker to gai access to their medical iformatio. OSHA Worksite Ivestigatios OSHA coducts o-site ispectios of worksites to eforce the OSHA law that protects workers ad their rights. Ispectios are iitiated without advace otice, coducted usig o-site or telephoe ad facsimile ivestigatios, ad performed by highly traied compliace officers. Worksite ispectios are coducted based o the followig priorities: Immiet dager; A fatality or hospitalizatios; Worker complaits ad referrals; Targeted ispectios particular hazards, high ijury rates; ad Follow-up ispectios. Ispectios are coducted without employers kowig whe or where they will occur. The employer OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 1 0

is ot iformed i advace that there will be a ispectio, regardless of whether it is i respose to a complait or is a programmed ispectio. Right to File a Complait with OSHA to Request a O-site OSHA Ispectio O-site ispectios ca be triggered by a worker complait of a potetial workplace hazard or violatio. If your workplace has usafe or uhealthful workig coditios, you may wat to file a complait. Ofte the best ad fastest way to get a hazard corrected is to otify your supervisor or employer. Curret workers or their represetatives may file a writte complait ad ask OSHA to ispect their workplace if they believe there is a serious hazard or that their employer is ot followig OSHA stadards or rules. Workers ad their represetatives have the right to ask for a ispectio without OSHA tellig their employer who filed the complait. It is a violatio of the OSH Act for a employer to fire, demote, trasfer or retaliate i ay way agaist a worker for filig a complait or usig other OSHA rights. A complait ca be filed i a umber of ways: 1. Mail or submit the OSHA Complait Form Dowload the OSHA complait form from our website (or request a copy from your local OSHA regioal or area office), complete it ad the fax or mail it back to your earest OSHA regioal or area office. Writte complaits that report a serious hazard ad are siged by a curret worker or represetative ad submitted to the closest OSHA area office are give priority ad are more likely to result i o-site OSHA ispectios. A worker or their represetative ca request (o the form) that OSHA ot let their employer kow who filed the complait. Please iclude your ame, address ad telephoe umber so we ca cotact you to follow up. This iformatio is cofidetial. 2. Olie Go to the olie Complait Form o the OSHA website, at www.osha.gov/pls/osha7/ ecomplaitform.html. Complaits that are set i olie will most likely be ivestigated usig OSHA s phoe/fax system whereby the employer is cotacted by phoe or fax (ot a actual ispectio) about the WORKERS RIGHTS 1 1

hazard. A writte complait that reports a serious hazard ad is siged by a curret worker(s) or their represetative ad mailed or otherwise submitted to a OSHA area or regioal office is more likely to result i a o-site OSHA ispectio. Complaits received olie from workers i OSHA-approved state pla states will be forwarded to the appropriate state pla for respose. 3. Telephoe Call your local OSHA regioal or area office at 1-800-321-OSHA (6742). OSHA staff ca discuss your complait ad respod to ay questios you have. If there is a emergecy or the hazard is immediately life-threateig, call your local OSHA regioal or area office. Who else ca file a complait? Employee represetatives, for the purposes of filig a complait, are defied as ay of the followig: A authorized represetative of the employee bargaiig uit, such as a certified or recogized labor orgaizatio. A attorey actig for a employee. Ay other perso actig i a boa fide represetative capacity, icludig, but ot limited to, members of the clergy, social workers, spouses ad other family members, health care providers ad govermet officials or oprofit groups ad orgaizatios actig upo specific complaits or ijuries from idividuals who are employees. I geeral, the affected employee should have requested, or at least approved, the filig of the complait o his or her behalf. I additio, ayoe who kows about a workplace safety or health hazard may report usafe coditios to OSHA, ad OSHA will ivestigate the cocers reported. Rights of Workers durig a Ispectio Durig a ispectio, workers or their represetatives have the followig rights: Have a represetative of employees, such as the safety steward of a labor orgaizatio, go alog o the ispectio; Talk privately with the ispector; ad Take part i meetigs with the ispector before ad after the ispectio. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 1 2

Whe there is o authorized employee represetative, the OSHA ispector must talk cofidetially with a reasoable umber of workers durig the ispectio. Workers are ecouraged to: Poit out hazards; Describe ijuries or illesses that resulted from these hazards; Discuss past worker complaits about hazards; ad Iform the ispector of workig coditios that are ot ormal durig the ispectio. Followig the Ispectio At the ed of the ispectio, the OSHA ispector will meet with the employer ad the employee represetatives i a closig coferece to discuss ay violatios foud ad possible methods by which ay hazards foud will be abated. If it is ot practical to hold a joit coferece, the compliace officer will hold separate cofereces. Whe the OSHA area director determies that there has bee a violatio of OSHA stadards, regulatios, or other requiremets, the area director issues a citatio ad otificatio of proposed pealty to a employer. A citatio icludes a descriptio of the violatio ad the date by whe the corrective actios must be take. Depedig o the situatio, OSHA ca classify a violatio as serious, willful, or repeat. The employer ca also be cited for failig to correct a violatio for which it has already bee cited. Employers must post a copy of a citatio i the workplace where employees will see it. Workers Rights followig Issuace of Citatios Workers ad employers ca cotest citatios oce they are issued to the employer. Workers may oly cotest the amout of time the employer is give to correct the hazard. Workers or their represetatives must file a otice of cotest with the OSHA area office withi 15 days of the issuace of a citatio. Employers have the right to challege whether there is a violatio, how the violatio is classified, the amout of ay pealty, what the employer must do to correct the violatio ad how log WORKERS RIGHTS 1 3

they have to fix it. Workers or their represetatives may participate i this appeals process by electig party status. This is doe by filig a writte otice with the Occupatioal Safety ad Health Review Commissio (OSHRC). The OSHRC hears appeals of OSHA citatios. They are a idepedet agecy separate from the Departmet of Labor. For more iformatio, write to: U.S. Occupatioal Safety ad Health Review Commissio 1120 20th Street NW, 9th Floor Washigto, DC 20036 Phoe: 202-606-5400 Fax: 202-606-5050 www.oshrc.gov Right to Iformatio if No Ispectio is Coducted or No Citatio Issued The OSHA area director evaluates complaits from employees or their represetatives accordig to the procedures defied i the OSHA Field Operatios Maual. If the area director decides ot to ispect the workplace, he or she will sed a letter to the complaiat explaiig the decisio ad the reasos for it. OSHA will iform complaiats that they have the right to request a review of the decisio by the OSHA regioal admiistrator. Similarly, i the evet that OSHA decides ot to issue a citatio after a ispectio, employees have a right to further clarificatio from the area director ad a iformal review by the regioal admiistrator. Right to Use Your Rights: Protectio agaist Retaliatio Whistleblower Protectio The OSH Act prohibits employers from retaliatig agaist their employees for usig their rights uder the OSH Act. These rights iclude filig a OSHA complait, participatig i a ispectio or talkig to the ispector, seekig access to employer exposure ad ijury records, raisig a safety or health issue with the employer, or ay other workers rights described above. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 1 4

Protectio from retaliatio meas that a employer caot puish workers by takig adverse actio, such as: Firig or layig off; Blacklistig; Demotig; Deyig overtime or promotio; Discipliig; Deyig beefits; Failig to hire or rehire; Itimidatio; Makig threats; Reassigmet affectig prospects for promotio; or Reducig pay or hours. You ca file a complait allegig retaliatio with OSHA if your employer has puished you for usig ay employee rights established uder the OSH Act. If you have bee retaliated agaist for usig your rights, you must file a complait with OSHA withi 30 caledar days from the date the retaliatory decisio has bee both made ad commuicated to you (the worker). Cotact your local OSHA office by callig, withi 30 days of the alleged retaliatio, 1-800-321-OSHA (6742), or sed a letter to your closest regioal or area office. No form is required. I states with approved state plas, employees may file a complait with both the State ad Federal OSHA. Followig a complait, OSHA will cotact the complaiat ad coduct a iterview to determie whether a ivestigatio is ecessary. If the evidece shows that the employee has bee retaliated agaist for exercisig safety ad health rights, OSHA will ask the employer to restore that worker s job, earigs, ad beefits. If the employer refuses, OSHA may take the employer to court. I such cases, a Departmet of Labor attorey will represet the employee to obtai this relief. WORKERS RIGHTS 1 5

If There is a Dagerous Situatio at Work If you believe workig coditios are usafe or uhealthful, we recommed that you brig the coditios to your employer s attetio, if possible. You may file a complait with OSHA cocerig a hazardous workig coditio at ay time. However, you should ot leave the worksite merely because you have filed a complait. If the coditio clearly presets a risk of death or serious physical harm, there is ot sufficiet time for OSHA to ispect, ad, where possible, you have brought the coditio to the attetio of your employer, you may have a legal right to refuse to work i a situatio i which you would be exposed to the hazard. If a worker, with o reasoable alterative, refuses i good faith to expose himself or herself to a dagerous coditio, he or she would be protected from subsequet retaliatio. The coditio must be of such a ature that a reasoable perso would coclude that there is a real dager of death or serious harm ad that there is ot eough time to cotact OSHA ad for OSHA to ispect. Where possible, the employee must have also sought from his employer, ad bee uable to obtai, a correctio of the coditio. For more iformatio, go to www.osha.gov/workers.html. Additioal Whistleblower Protectios Sice passage of the OSH Act i 1970, Cogress has expaded OSHA s whistleblower protectio authority to protect workers from retaliatio uder 22 federal laws. These laws protect employees who report violatios of various workplace safety, airlie, commercial motor carrier, cosumer product, evirometal, fiacial reform, healthcare reform, uclear, pipelie, public trasportatio agecy, railroad, maritime ad securities laws. Complaits must be reported to OSHA withi set timeframes followig the retaliatory actio, as prescribed by each law. These laws, ad the umber of days employees have to file a complait, are: OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 1 6

Worker, Evirometal ad Nuclear Safety Laws Asbestos Hazard Emergecy Respose Act (AHERA) (90 days). Provides retaliatio protectio for idividuals who report violatios of evirometal laws relatig to asbestos i public or private oprofit elemetary ad secodary school systems. Clea Air Act (CAA) (30 days). Provides retaliatio protectio for employees who, amog other thigs, report violatios of this law, which provides for the developmet ad eforcemet of stadards regardig air quality ad air pollutio. Comprehesive Evirometal Respose, Compesatio, ad Liability Act (CERCLA) (30 days). Protects employees who report regulatory violatios ivolvig accidets, spills, ad other emergecy releases of pollutats ito the eviromet. The law also protects employees who report violatios related to the cleaup of ucotrolled or abadoed hazardous waste sites. Eergy Reorgaizatio Act (ERA) (180 days). Protects certai employees i the uclear idustry who report violatios of the Atomic Eergy Act (AEA). Protected employees iclude employees of operators, cotractors ad subcotractors of uclear power plats licesed by the Nuclear Regulatory Commissio, ad employees of cotractors workig with the Departmet of Eergy uder a cotract pursuat to the Atomic Eergy Act. Federal Water Pollutio Cotrol Act (FWPCA) (also kow as the Clea Water Act) (30 days). Provides retaliatio protectio for employees who, amog other thigs, report violatios of the law cotrollig water pollutio. Occupatioal Safety ad Health Act of 1970 (30 days). Provides retaliatio protectio for employees who exercise a variety of rights guarateed uder this law, such as filig a safety ad health complait with OSHA ad participatig i a ispectio. WORKERS RIGHTS 1 7

Safe Drikig Water Act (SDWA) (30 days). Provides retaliatio protectio for employees who, amog other thigs, report violatios of this law, which requires that all drikig water systems assure that their water is potable, as determied by the Evirometal Protectio Agecy. Solid Waste Disposal Act (SWDA) (also kow as the Resource Coservatio ad Recovery Act) (30 days). Provides retaliatio protectio for employees who, amog other thigs, report violatios of the law regulatig the disposal of solid waste. Toxic Substaces Cotrol Act (TSCA) (30 days). Provides retaliatio protectio for employees who, amog other thigs, report violatios of regulatios ivolvig the maufacture, distributio, ad use of certai toxic substaces. Trasportatio Idustry Laws Federal Railroad Safety Act (FRSA) (180 days). Provides protectio to employees of railroad carriers ad cotractors ad subcotractors of those carriers who report a alleged violatio of ay federal law, rule, or regulatio relatig to railroad safety or security, or gross fraud, waste, or abuse of federal grats or other public fuds iteded to be used for railroad safety or security; report, i good faith, a hazardous safety or security coditio; refuse to violate or assist i the violatio of ay federal law, rule, or regulatio relatig to railroad safety or security; refuse to work whe cofroted by a hazardous safety or security coditio related to the performace of the employee s duties (uder immiet dager circumstaces); request prompt medical or first-aid treatmet for employmet-related ijuries; are disciplied for requestig medical or first-aid treatmet or for followig a order or treatmet pla of a treatig physicia. Iteratioal Safe Cotaier Act (ISCA) (60 days). Provides retaliatio protectio for employees who report violatios of this law, which regulates shippig cotaiers. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 1 8

Movig Ahead for Progress i the 21st Cetury Act (MAP-21) (180 days). Prohibits retaliatio by motor vehicle maufacturers, part suppliers, ad dealerships agaist employees for providig iformatio to the employer or the U.S. Departmet of Trasportatio about motor vehicle defects, ocompliace, or violatios of the otificatio or reportig requiremets eforced by the Natioal Highway Traffic Safety Admiistratio or for egagig i related protected activities as set forth i the provisio. Natioal Trasit Systems Security Act (NTSSA) (180 days). Provides protectio to public trasit employees who, amog other thigs, report a alleged violatio of ay federal law, rule, or regulatio relatig to public trasportatio agecy safety or security, or fraud, waste, or abuse of federal grats or other public fuds iteded to be used for public trasportatio safety or security; refuse to violate or assist i the violatio of ay federal law, rule, or regulatio relatig to public trasportatio safety or security; report a hazardous safety or security coditio; refuse to work whe cofroted by a hazardous safety or security coditio related to the performace of the employee s duties (uder immiet dager circumstaces). Pipelie Safety Improvemet Act of 2002 (PSIA) (180 days). Provides retaliatio protectio for employees who report violatios of the federal laws regardig pipelie safety ad security or who refuse to violate such provisios. Seama s Protectio Act (SPA) (180 days). Seame are protected, amog other thigs, for reportig to the Coast Guard or other federal agecy a reasoably believed violatio of a maritime safety law or regulatio prescribed uder that law or regulatio. The law also protects work refusals where the employee reasoably believes a assiged task would result i serious ijury or impairmet of health to the seama, other seame, or the public ad whe the seama sought, ad was uable to obtai correctio of the usafe coditios. WORKERS RIGHTS 1 9

Surface Trasportatio Assistace Act (STAA) (180 days). Provides retaliatio protectio for truck drivers ad other employees relatig to the safety of commercial motor vehicles. Coverage icludes all buses for hire ad freight trucks with a gross vehicle weight greater tha 10,001 pouds. Wedell H. Ford Aviatio Ivestmet ad Reform Act for the 21st Cetury (AIR21) (90 days). Provides retaliatio protectio for employees of air carriers, cotractors, or subcotractors of air carriers who, amog other thigs, raise safety cocers. Fraud Prevetio Laws Affordable Care Act (ACA) (180 days). Protects employees who report violatios of ay provisio of Title I of the ACA, icludig but ot limited to retaliatio based o a idividual s receipt of health isurace subsidies, the deial of coverage based o a preexistig coditio, or a isurer s failure to rebate a portio of a excess premium. Cosumer Fiacial Protectio Act of 2010 (CFPA), Sectio 1057 of the Dodd-Frak Wall Street Reform ad Cosumer Protectio Act (180 days). Protects employees who report perceived violatios of ay provisio of the Dodd Frak Act, which ecompasses early every aspect of the fiacial services idustry. The law also protects employees who report violatios of ay rule, order, stadard or prohibitio prescribed by the Bureau of Cosumer Fiacial Protectio. Sectio 806 of the Sarbaes-Oxley Act of 2002 (SOX) (180 days). Protects employees of certai compaies who report alleged mail, wire, bak or securities fraud; violatios of the Securities ad Exchage Commissio (SEC) rules ad regulatios; or violatios of Federal laws related to fraud agaist shareholders. The law covers employees of publicly traded compaies ad compaies required to file certai reports with the SEC. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 2 0

Cosumer Safety Laws Cosumer Product Safety Improvemet Act (CPSIA) (180 days). Protects employees who report to their employer, the federal govermet, or a state attorey geeral reasoably perceived violatios of ay statute or regulatio withi the jurisdictio of the Cosumer Product Safety Commissio (CPSC). CPSIA covers employees of cosumer product maufacturers, importers, distributors, retailers, ad private labelers. FDA Food Safety Moderizatio Act (FSMA) (180 days). Protects employees of food maufacturers, distributors, packers, ad trasporters for reportig a violatio of the Food, Drug, ad Cosmetic Act, or a regulatio promulgated uder this law. Employees are also protected from retaliatio for refusig to participate i a practice that violates this law. If you believe that you have bee retaliated agaist, call 1-800-321-OSHA (6742) to be coected to the earest OSHA office to report your complait. For more iformatio, visit OSHA s Whistleblower page at www.whistleblowers.gov. OSHA Assistace, Services ad Programs OSHA has a great deal of iformatio to assist employers i complyig with their resposibilities uder OSHA law. Several OSHA programs ad services ca help employers idetify ad correct job hazards, as well as improve their ijury ad illess prevetio program. Establishig a Ijury ad Illess Prevetio Program The key to a safe ad healthful work eviromet is a comprehesive ijury ad illess prevetio program. Ijury ad illess prevetio programs are systems that ca substatially reduce the umber ad severity of workplace ijuries ad illesses, while reducig costs to employers. Thousads of employers across WORKERS RIGHTS 2 1

the Uited States already maage safety usig ijury ad illess prevetio programs, ad OSHA believes that all employers ca ad should do the same. Thirtyfour states have requiremets or volutary guidelies for workplace ijury ad illess prevetio programs. Most successful ijury ad illess prevetio programs are based o a commo set of key elemets. These iclude maagemet leadership, worker participatio, hazard idetificatio, hazard prevetio ad cotrol, educatio ad traiig, ad program evaluatio ad improvemet. Visit OSHA s Ijury ad Illess Prevetio Programs web page at www.osha.gov/dsg/ topics/safetyhealth for more iformatio. Compliace Assistace Specialists OSHA has compliace assistace specialists throughout the atio located i most OSHA offices. Compliace assistace specialists ca provide iformatio to employers ad workers about OSHA stadards, short educatioal programs o specific hazards or OSHA rights ad resposibilities, ad iformatio o additioal compliace assistace resources. For more details, visit www.osha.gov/ dcsp/compliace_assistace/cas.html or call 1-800- 321-OSHA (6742) to cotact your local OSHA office. Free O-site Safety ad Health Cosultatio Services for Small Busiess OSHA s O-site Cosultatio Program offers free ad cofidetial advice to small ad medium-sized busiesses i all states across the coutry, with priority give to high-hazard worksites. Each year, respodig to requests from small employers lookig to create or improve their safety ad health maagemet programs, OSHA s O-site Cosultatio Program coducts over 29,000 visits to small busiess worksites coverig over 1.5 millio workers across the atio. O-site cosultatio services are separate from eforcemet ad do ot result i pealties or citatios. Cosultats from state agecies or uiversities work with employers to idetify workplace hazards, provide advice o compliace with OSHA stadards, ad assist i establishig safety ad health maagemet programs. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 2 2

For more iformatio, to fid the local O-site Cosultatio office i your state, or to request a brochure o cosultatio services, visit www. osha.gov/ cosultatio, or call 1-800-321-OSHA (6742). Uder the cosultatio program, certai exemplary employers may request participatio i OSHA s Safety ad Health Achievemet Recogitio Program (SHARP). Eligibility for participatio icludes, but is ot limited to, receivig a full-service, comprehesive cosultatio visit, correctig all idetified hazards ad developig a effective safety ad health maagemet program. Worksites that receive SHARP recogitio are exempt from programmed ispectios durig the period that the SHARP certificatio is valid. Cooperative Programs OSHA offers cooperative programs uder which busiesses, labor groups ad other orgaizatios ca work cooperatively with OSHA. To fid out more about ay of the followig programs, visit www.osha.gov/ dcsp/compliace_assistace/idex_programs.html. Strategic Parterships ad Alliaces The OSHA Strategic Parterships (OSP) provide the opportuity for OSHA to parter with employers, workers, professioal or trade associatios, labor orgaizatios, ad/or other iterested stakeholders. OSHA Parterships are formalized through uique agreemets desiged to ecourage, assist, ad recogize parter efforts to elimiate serious hazards ad achieve model workplace safety ad health practices. Through the Alliace Program, OSHA works with groups committed to worker safety ad health to prevet workplace fatalities, ijuries ad illesses by developig compliace assistace tools ad resources to share with workers ad employers, ad educate workers ad employers about their rights ad resposibilities. Volutary Protectio Programs (VPP) The VPP recogize employers ad workers i private idustry ad federal agecies who have implemeted effective safety ad health maagemet programs ad maitai ijury ad illess rates below the atioal average for their respective idustries. I VPP, maagemet, labor, ad OSHA work cooperatively WORKERS RIGHTS 2 3

ad proactively to prevet fatalities, ijuries, ad illesses through a system focused o: hazard prevetio ad cotrol, worksite aalysis, traiig, ad maagemet commitmet ad worker ivolvemet. Occupatioal Safety ad Health Traiig The OSHA Traiig Istitute i Arligto Heights, Illiois, provides basic ad advaced traiig ad educatio i safety ad health for federal ad state compliace officers, state cosultats, other federal agecy persoel ad private sector employers, workers, ad their represetatives. I additio, 27 OSHA Traiig Istitute Educatio Ceters at 42 locatios throughout the Uited States deliver courses o OSHA stadards ad occupatioal safety ad health issues to thousads of studets a year. For more iformatio o traiig, cotact the OSHA Directorate of Traiig ad Educatio, 2020 Arligto Heights Road, Arligto Heights, IL 60005; call 1-847- 297-4810; or visit www.osha.gov/otiec. OSHA Educatioal Materials OSHA has may types of educatioal materials i Eglish, Spaish, Vietamese ad other laguages available i prit or olie. These iclude: Brochures/booklets that cover a wide variety of job hazards ad other topics; Fact Sheets, which cotai basic backgroud iformatio o safety ad health hazards; Guidace documets that provide detailed examiatios of specific safety ad health issues; Olie Safety ad Health Topics pages; Posters; Small, lamiated QuickCards that provide brief safety ad health iformatio; ad QuickTakes, OSHA s free, twice-mothly olie ewsletter with the latest ews about OSHA iitiatives ad products to assist employers ad workers i fidig ad prevetig workplace hazards. To sig up for QuickTakes visit www.osha.gov/quicktakes. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 2 4

To view materials available olie or for a listig of free publicatios, visit www.osha.gov/publicatios. You ca also call 1-800-321-OSHA (6742) to order publicatios. OSHA s website also has a variety of etools. These iclude utilities such as expert advisors, electroic compliace assistace, videos ad other iformatio for employers ad workers. To lear more about OSHA s safety ad health tools olie, visit www.osha.gov. NIOSH Health Hazard Evaluatio Program Gettig Help with Health Hazards The Natioal Istitute for Occupatioal Safety ad Health (NIOSH) is a federal agecy that coducts scietific ad medical research o workers safety ad health. At o cost to employers or workers, NIOSH ca help idetify health hazards ad recommed ways to reduce or elimiate those hazards i the workplace through its Health Hazard Evaluatio (HHE) Program. Workers, uio represetatives ad employers ca request a NIOSH HHE. A HHE is ofte requested whe there is a higher tha expected rate of a disease or ijury i a group of workers. These situatios may be the result of a ukow cause, a ew hazard, or a mixture of sources. To request a NIOSH Health Hazard Evaluatio go to www.cdc.gov/ iosh/hhe/request.html. To fid out more about the Health Hazard Evaluatio Program: Call (513) 841-4382, or to talk to a staff member i Spaish, call (513) 841-4439; or Sed a email to HHERequestHelp@cdc.gov. WORKERS RIGHTS 2 5

How to Cotact OSHA For questios or to get iformatio or advice, to report a emergecy, report a fatality or catastrophe, order publicatios, sig up for OSHA s e-ewsletter QuickTakes, or to file a cofidetial complait, cotact your earest OSHA office, visit www.osha.gov or call OSHA at 1-800-321-OSHA (6742), TTY 1-877-889-5627. For assistace, cotact us. We are OSHA. We ca help. It s cofidetial. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 2 6

OSHA Regioal Offices Regio I Bosto Regioal Office (CT*, ME, MA, NH, RI, VT*) JFK Federal Buildig, Room E340 Bosto, MA 02203 (617) 565-9860 (617) 565-9827 Fax Regio II New York Regioal Office (NJ*, NY*, PR*, VI*) 201 Varick Street, Room 670 New York, NY 10014 (212) 337-2378 (212) 337-2371 Fax Regio III Philadelphia Regioal Office (DE, DC, MD*, PA, VA*, WV) The Curtis Ceter 170 S. Idepedece Mall West Suite 740 West Philadelphia, PA 19106-3309 (215) 861-4900 (215) 861-4904 Fax Regio IV Atlata Regioal Office (AL, FL, GA, KY*, MS, NC*, SC*, TN*) 61 Forsyth Street, SW, Room 6T50 Atlata, GA 30303 (678) 237-0400 (678) 237-0447 Fax Regio V Chicago Regioal Office (IL*, IN*, MI*, MN*, OH, WI) 230 South Dearbor Street Room 3244 Chicago, IL 60604 (312) 353-2220 (312) 353-7774 Fax Regio VI Dallas Regioal Office (AR, LA, NM*, OK, TX) 525 Griffi Street, Room 602 Dallas, TX 75202 (972) 850-4145 (972) 850-4149 Fax (972) 850-4150 FSO Fax WORKERS RIGHTS 2 7

Regio VII Kasas City Regioal Office (IA*, KS, MO, NE) Two Pershig Square Buildig 2300 Mai Street, Suite 1010 Kasas City, MO 64108-2416 (816) 283-8745 (816) 283-0547 Fax Regio VIII Dever Regioal Office (CO, MT, ND, SD, UT*, WY*) Cesar Chavez Memorial Buildig 1244 Speer Boulevard, Suite 551 Dever, CO 80204 (720) 264-6550 (720) 264-6585 Fax Regio IX Sa Fracisco Regioal Office (AZ*, CA*, HI*, NV*, ad America Samoa, Guam ad the Norther Mariaa Islads) 90 7th Street, Suite 18100 Sa Fracisco, CA 94103 (415) 625-2547 (415) 625-2534 Fax Regio X Seattle Regioal Office (AK*, ID, OR*, WA*) 300 Fifth Aveue, Suite 1280 Seattle, WA 98104 (206) 757-6700 (206) 757-6705 Fax * These states ad territories operate their ow OSHA-approved job safety ad health plas ad cover state ad local govermet employees as well as private sector employees. The Coecticut, Illiois, New Jersey, New York ad Virgi Islads programs cover public employees oly. (Private sector workers i these states are covered by Federal OSHA). States with approved programs must have stadards that are idetical to, or at least as effective as, the Federal OSHA stadards. Note: To get cotact iformatio for OSHA area offices, OSHA-approved state plas ad OSHA cosultatio projects, please visit us olie at www. osha.gov or call us at 1-800-321-OSHA (6742). OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 2 8

(800) 321-OSHA (6742)

If you thik your job is usafe ad you have questios, call OSHA. We ca help. It s cofidetial. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 4