Workers have a right to a safe and healthful workplace. It is the duty of employers to provide workplaces that are free of known dangers that could harm their employees. Employers must eliminate or reduce hazards and follow standards set by the Occupational Safety and Health Act (OSHA).
OSHA Worker’s Rights
Under OSHA, employees can:
- File a confidential complaint to have their workplace inspected.
- Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace
- Review records of work-related injuries and illnesses that occur in their workplace.
- Receive copies of the results from tests and monitoring done to find and measure hazards in the workplace
- Receive copies of their workplace medical records.
- Participate in an OSHA inspection and speak in private with the inspector.
- File a complaint with OSHA if they have been retaliated against by their employer as the result of requesting an inspection or using any of their other rights under the OSH Act.
- File a complaint if punished or retaliated against for acting as a “whistleblower” under the more than 20 additional federal statutes over which OSHA has jurisdiction.
Who is covered?
OSHA, a federal agency, has jurisdiction over enforcement of workplace safety and health laws for private sector workers in New York State.
Employers must display the official OSHA Poster, Job Safety and Health: It’s the Law, in a place where workers will see it.
How does it work
OSHA regulations require employers to rid workplaces of hazards and take preventative measures to make workplaces safe. Some standards are for all industries and others are industry specific, such as construction. When hazards cannot be fully eliminated, employers must provide protective equipment to workers free of charge. Workers also have a right to know about what hazards are present at work and how to protect themselves. Employers must inform workers about hazards (such as chemical), laws and rights, and in some cases, employers are obligated to keep record of illness and injury in the workplace via de OSHA Form 300. For their part, employees have a right to access certain data around illness and injury at the workplace.
Visit OSHA’s website for more details on laws, regulations and standards: Law and Regulations | Occupational Safety and Health Administration (osha.gov)
How can I file a complaint if my employer is violating OSHA Standards?
You have a right to file a complaint with OSHA to request an on-site OSHA inspection. You can contact the Occupational Safety and Health Administration by phone: 800-321-OSHA (800-321-6742. Or online using this online form: OSHA7 Form | Occupational Safety and Health Administration.
Additional Information
In New York State, under the 2021 HERO Act, private employers must adopt a safety and health plan to protect employees from airborne infectious diseases when the New York State Commissioner of Health designates a particular disease as an airborne infectious disease. Further, employers with 10 or more employees must allow employees to create a joint labor-management workplace safety committee to address workplace safety issues.
For information on the rules surrounding the joint labor-management workplace safety committee can be found here: Workplace Safety Committee | Department of Labor (ny.gov).
For more information or to file a complaint, contact the New York State Department of Labor
dol.ny.gov. Search for “HERO Act”) | 888-469-7365. You can also fill out a complaint form with the New York State Department of Labor: SHER Complaint Form (ny.gov).