Employees have the right to a workplace in which there is not reasonable risks of safety or health. The Administration of Occupational Safety and Health (Occupational Safety and Health Administration, OSHA) is the federal agency that seeks to ensure the safety and health of U.s. workers by setting and enforcing standards of safety in the workplace.
Rights of Employees Under OSHA
The Law of Occupational Safety and Health (Occupational Safety and Health Act, OSH) act of 1970 created the Administration of Occupational Safety and Health within the Department of Labor to reduce the risks in the workplace and implement health and safety programs. OSHA gives employees many rights and responsibilities, including the right:
- analyze the copies of the standards, the rules, the regulations and the relevant requirements that the employer should have available at the workplace;
- to access the exposure to the relevant employee and medical records;
- to ask the area director for OSHA to conduct an inspection if they believe that there are hazardous conditions or violations of standards in the workplace, and that employee’s authorized representative to accompany the compliance officer of OSHA during the course of inspection;
- their names are not disclosed to the employer (at the request of OSHA) in the event that to sign and submit a written demand;
- to be free of any discriminatory action or retaliation taken by her employer as a result of any claim of the OSHA.
Obligations of the Employer Under the OSHA
Among the obligations imposed under OSHA, employers have the responsibility to:
- to provide work and a workplace free of hazards evident;
- to inform employees of the safety and health standards of OSHA that apply to your workplace;
- to exhibit it in a prominent place the official poster of the OSHA that describes the rights and responsibilities under the OSH act;
- establish a program of written communication and comprehensive which includes provisions for things such as labeling of containers, safety data sheets of materials and a program of training of the employee;
- to inform employees of the existence, location, and availability of their medical records and exposure by joining your new job, and at least once a year thereafter, and on request, provide these records.
If this does not correct a hazard, an employee shall communicate with the area office of the OSHA office or state office via a written request. If the OSHA or state office determines that there are reasonable grounds to believe that there is a violation or danger, the office will carry out an inspection. A workers ‘ representative has the right to accompany a compliance officer from OSHA during the inspection. The employees or the union (if there is one) must choose the representative. The employer may not elect the representative of the workers. The inspector may conduct a comprehensive inspection of the entire workplace or a partial inspection limited to certain areas or aspects of the operation.
At the end of the inspection, the inspector OSHA will meet with the employer and the representative of the employees to analyze the elimination of any hazard that has been found.
How to Obtain Legal Assistance with a Problem of Labour Rights
Employees have many rights in the workplace established in both the federal and state laws. If you believe that your rights have been violated in the employment context, in their best interest may be to contact a lawyer who specializes in employment law, who will explain your options and protect your legal rights.