For hundreds of years, Americans paid for their country’s expanding economic power with their lives. As the nation’s economy rapidly grew during the Industrial Revolution in the late 19th century, American workers did their work in alarming, inhumane conditions. By 1970, the death rate for American workers was high enough to warrant Congress' attention. The resulting Occupational Safety and Health Act was passed in 1970 in an effort to reduce the rate at which Americans were being injured or killed at work.
This act created the Occupational Health and Safety Administration, a government agency designed to ensure "safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” The organization continues to protect the rights of workers to this day. Nearly 50 years later, the OSH Act worked: daily worker deaths have gone down from 38 per day in 1970 to 14 in 2016. However, despite making progress, OSHA is still struggling to eliminate all preventable deaths from the American workplace.
By educating workers on the rights and protections they are guaranteed by OSHA, it is possible to create a stronger culture of responsibility among American employers. With only a few thousand OSHA inspectors responsible for the safety of workers at countless job sites across the nation, workers who know their rights will be able to reach out to OSHA before an accident happens.
Your rights as understood by OSHA include:
- Right to Proper Training: Employers must provide their employees with proper safety training for job-specific hazards. Failure to do this will make the employer liable for any injury or death caused by inadequate training.
- Right to Information: Employees are entitled to information from their employer regarding the job site's hazards. When a worker requests safety information, employers must provide them with information regarding hazardous chemicals, machinery, and other dangers. Additionally, employers must provide an employee's medical records to them upon request.
- Right to Request Action: Workers have the right to notify their employer of safety risks present in their workplace with the expectation of a speedy solution.
- The Right to Contact OSHA: If a worker feels that their request for action is ignored by an employer, they have the right to contact OSHA for assistance. Workers are entitled to be involved with OSHA’s investigation.
- The Right to OSHA Inspection Results: After their workplace is inspected, workers have the right to review the results of the inspection. Additionally, workers can appeal if they feel the results of the inspection are not accurate or correct.
- The Right to Fight Discrimination: If an employee feels that they are being retaliated against after contacting OSHA, they can file a discrimination complaint. Additionally, employees have the right to refuse to work in conditions that they feel are unsafe—employers cannot legally punish an employee over their safety concerns.
The above are broad summaries of the rights that workers enjoy under the authority of OSHA. The complete set of rights may be read on OSHA’s website.
If you have been injured in an industrial accident caused by a neglectful employer, call the personal injury attorneys at Arnold & Itkin today.