Why should everyone be concerned
about job safety and health?
Each year, approximately 6,000 employees in
this country die from workplace injuries while
another 50,000 die from illnesses caused by
exposure to workplace hazards. In addition,
6 million workers suffer non-fatal workplace
injuries at an annual cost to U.S. businesses of
more than $125 billion.
Effective job safety and health add value to the
workplace and help reduce worker injuries and
illnesses.
How does OSHA contribute to job
safety and health?
Congress passed the Occupational Safety and
Health Act of 1970, ( OSH Act), “to assure so far
as possible every working man and woman in the
Nation safe and healthful working conditions and to
preserve our human resources.” Title 29 of the
Code of Federal Regulations ( CFR) , Parts 1902-
1990, contains OSHA regulations and standards.
Some states have enacted occupational safety
and health laws and operate federally approved
state plans. Such states adopt and enforce state
standards and regulations that are at least as
effective as those enacted under federal law.
Are all employees covered by the
OSH Act?
The OSH Act covers all employees except
workers who are self-employed and public
employees in state and local governments.
In states with OSHA-approved state plans,
public employees in state and local governments
are covered by their state’s OSHA-approved plan.
Federal employees are covered under the OSH
Act’s federal employee occupational safety and
health programs, see 29 CFR Part 1960. United
States Postal Service employees, however, are
subject to the same OSH Act coverage provisions
as are private sector employers.
The OSH Act does not apply to particular
working conditions addressed by regulations or
standards affecting occupational safety or health
that are issued by federal agencies, other than
OSHA, or by a state atomic energy agency. Other
federal agencies that have issued requirements
affecting job safety or health include the Mine
Safety and Health Administration and some
agencies of the Department of Transportation.
What are your responsibilities as an
employer?
If you are an employer covered by the OSH Act,
you must provide your employees with jobs and a
place of employment free from recognized hazards
that are causing, or are likely to cause, death or
serious physical harm. Among other actions, you
must also comply with the OSHA statutory
requirements, standards, and regulations that, in
part, require you to do the following:
¦ Provide well-maintained tools and equipment,
including appropriate personal protective
equipment;
¦ Provide medical examinations;
¦ Provide training required by OSHA standards;
¦ Report to OSHA within 8 hours accidents that
result in fatalities;
¦ Report to OSHA within 8 hours accidents that
result in the hospitalization of three or more
employees;
¦ Keep records of work-related accidents, injuries,
illnesses—and their causes—and post annual
summaries for the required period of time.
A number of specific industries in the retail,
service, finance, insurance, and real estate
sectors that are classified as low-hazard are
exempt from most requirements of the regulation,
as are small businesses with 10 or fewer
employees (see 29 CFR Part 1904);
¦ Post prominently the OSHA poster (OSHA 3165)
informing employees of their rights and
responsibilities;
¦ Provide employees access to their medical and
exposure records;
¦ Do not discriminate against employees who
exercise their rights under the OSH Act;
¦ Post OSHA citations and abatement verification
notices at or near the worksite;
¦ Abate cited violations within the prescribed
period; and
¦ Respond to survey requests for data from the
Bureau of Labor Statistics, OSHA, or a designee
of either agency.
What are your rights as an employer?
When working with OSHA, you may do the
following:
¦ Request identification from OSHA compliance
officers;
¦ Request an inspection warrant;
U.S. Department of Labor
Occupational Safety and Health Administration
2002
This is one in a series of informational fact sheets highlighting
OSHA programs, policies, or standards. It does not impose
any new compliance requirements. For a comprehensive list of
compliance requirements of OSHA standards or regulations,
refer to Title 29 of the Code of Federal Regulations. This information
will be made available to sensory-impaired individuals
upon request. The voice phone is (202) 693-1999. See also OSHA’s
website at www.osha.gov.
¦ Be advised by compliance officers of the reason
for an inspection;
¦ Have an opening and closing conference with
compliance officers;
¦ Accompany compliance officers on inspections;
¦ Request an informal conference after an
inspection;
¦ File a Notice of Contest to citations, proposed
penalties, or both;
¦ Apply for a variance from a standard’s
requirements under certain circumstances;
¦ Be assured of the confidentiality of trade secrets;
and
¦ Submit a written request to the National Institute
for Occupational Safety and Health for
information on potentially toxic substances in
your workplace.
What are your responsibilities as an
employee?
To help prevent exposure to workplace safety and
health hazards, you must comply with all OSHA
requirements that apply to your actions and
conduct.
What are your rights as an employee?
In your associations with OSHA and your
employer, you have the right, among other actions,
to do the following:
¦ Review employer-provided OSHA standards,
regulations and requirements;
¦ Request information from your employer on
emergency procedures;
¦ Receive adequate safety and health training when
required by OSHA standards related to toxic
substances and any such procedures set forth in
any emergency action plan required by an OSHA
standard;
¦ Ask the OSHA Area Director to investigate
hazardous conditions or violations of standards
in your workplace;
¦ Have your name withheld from your employer if
you file a complaint with OSHA;
¦ Be advised of OSHA actions regarding your
complaint, and have an informal review of any
decision not to inspect or to issue a citation;
¦ Have your employee representative accompany
the OSHA compliance officer on inspections;
¦ Observe any monitoring or measuring of toxic
substances or harmful physical agents and review
any related monitoring or medical records;
¦ Review at a reasonable time the Log of Work-
Related Injuries and Illnesses (OSHA 300) if
your employer is required to maintain it;
¦ Request a closing discussion following an
inspection;
¦ Object to the abatement period set in a citation
issued to your employer; and
¦ Seek safe and healthful working conditions
without your employer retaliating against you.
How can you get more information
on safety and health?
OSHA has various publications, standards,
technical assistance, and compliance tools to help
you, and offers extensive assistance through
workplace consultation, voluntary protection
programs, grants, strategic partnerships, state
plans, training, and education. OSHA’s Safety and
Health Program Management Guidelines ( Federal
Register 54:3904-3916, January 26, 1989) detail
elements critical to the development of a successful
safety and health management system. This and
other information are available on OSHA’s website.
¦ For one free copy of OSHA publications, send a
self-addressed mailing label to OSHA Publications
Office, P.O. Box 37535, Washington, DC
20013-7535; or send a request to our fax at
(202) 693-2498, or call us at (202) 693-1888.
¦ To order OSHA publications online at
www.osha.gov, go to Publications and follow
the instructions for ordering.
¦ To file a complaint by phone, report an emergency,
or get OSHA advice, assistance, or products,
contact your nearest OSHA office under the “U.S.
Department of Labor” listing in your phone book,
or call toll-free at (800) 321-OSHA (6742). The
teletypewriter (TTY) number is (877) 889-5627.
¦ To file a complaint online or obtain more
information on OSHA federal and state programs,
visit OSHA’s website.
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