Under U.S. law, workers have a right to a safe and healthful workplace and other rights that protect safety and health. For a brief summary of those rights, click here. This page gives more complete information
about each of those rights.

YOUR RIGHT TO A HAZARD-FREE WORKPLACE

"Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees" --Occupational Safety and Health Act, Section 5(a) 

Click here for the complete text of the law.

Click here to return to the Basic Health and Safety Rights page

YOUR RIGHT TO HAZARD EXPOSURE RECORDS AND MEDICAL RECORDS

"[E]mployees and their designated representatives [have] a right of access to relevant exposure and medical records [including records of e]nvironmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent,. . . [and records of b]iological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems" --Code of Federal Regulations, Title 29, Section 1910.1020.

Click here for the complete text of the Access to Employee Exposure and Medical Records regulation

Click here to return to the Basic Health and Safety Rights page

YOUR RIGHT TO COMPLAIN TO YOUR EMPLOYER

"[E]mployees [can not be] discouraged from lodging complaints about occupational safety and health matters with their employers. . . . . [Employees who make s]uch complaints to employers . . . . would be protected against discharge or discrimination caused by a complaint to the employer." --Code of Federal Regulations, Title 29, Section 1977.12(b)(2)  Click here for the complete text of the regulation.

Click here to return to the Basic Health and Safety Rights page

YOUR RIGHT TO FILE A COMPLAINT WITH A GOVERNMENT AGENCY

"Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger." --Occupational Safety and Health Act, Section 8(f)(1) 

Click here for the complete text of the law

Click here to return to the Basic Health and Safety Rights page

YOUR RIGHT TO TELL AN OSHA INSPECTOR ABOUT UNSAFE CONDITIONS

"Compliance Safety and Health Officers may consult with employees concerning matters of occupational safety and health to the extent they deem necessary for the conduct of an effective and thorough inspection. During the course of an inspection, any employee shall be afforded an opportunity to bring any violation of the Act which he has reason to believe exists in the workplace to the attention of the Compliance Safety and Health Officer." -- Code of Federal Regulations, Title 29, Section 1903.10 (Complete)  Click here for links to all of Part 1903 -- "Inspections, Citations, and Proposed Penalties"

Click here to return to the Basic Health and Safety Rights page

YOUR RIGHT TO BE FREE FROM RETALIATION FOR EXERCISING ANY HEALTH & SAFETY RIGHT

"No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act." --Occupational Safety and Health Act, Section 11(c)(1).  Click here for the complete text of the law.

For a detailed explanation of how to prevent retaliation or fight against it, click here.

How to Protect Yourself from Retaliation If You Need to Complain About a Dangerous Job Factsheet -- prepared by the National COSH Network's "Protecting Workers Who Exercise Rights" (PWWER) project -- is available in exchange for a self-addressed stamped envelope, sent to NYCOSH, 116 John Street. New York, NY 10038. (Please include a note requesting the anti-retaliation factsheet.)

Click here to return to the Basic Health and Safety Rights page

YOUR RIGHT TO REFUSE TO WORK IN SERIOUSLY DANGEROUS CONDITIONS

"Employees shall have the right to . . . engage in other concerted activities for the purpose of . . . mutual aid or protection." --from Section 7 of the National Labor Relations Act. Click here for a factsheet on Health and Safety and the National Labor Relations Act.   Click here for the complete text of the law.

"[O]ccasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his employer, and been unable to obtain, a correction of the dangerous condition." --Code of Federal Regulations, Title 29, Section 1977.12(b)(2)  Click here for the complete text of the regulation.

Click here to return to the Basic Health and Safety Rights page

YOUR RIGHT TO INFORMATION AND TRAINING ABOUT HAZARDOUS SUBSTANCES IN YOUR WORKPLACE

"Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area. . . . Employee training shall include . . . the physical and health hazards of the chemicals in the work area . . . . [and] the measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used" --Hazard Communication Standard, Section (h). (Code of Federal Regulations, Title 29, Section 1900.1200)

Material Safety Data Sheets must be available in your workplace. An employer with several locations must have Material Safety Data Sheets at each location for the hazardous materials used at that location.

Click here for the complete Hazard Communication Standard.

Click here to return to the Basic Health and Safety Rights page

YOUR RIGHT TO INFORMATION ABOUT INJURIES AND ILLNESS IN YOUR WORKPLACE

The OSHA Recording and Reporting Occupational Injuries and Illness standard (29 CFR 1904) requires most employers with more than 10 full-time employees to keep a log of all work-related injuries and illnesses. This OSHA Log of Injuries and Illnesses, or OSHA Form 200, must list all workplace illnesses. It must list all injuries requiring more than first aid or resulting in lost workdays, restricted duties, or transfer to another job. The log must indicate the nature of the illness or injury, when and where it occurred, the name of the injured or ill employee, and the number of workdays lost or restricted, if any. You can request access to your employer's OSHA 200 logs for the past 5 years. A request for access to the logs should be made in writing, and you should keep a copy of the request. Sample request letters are available from NYCOSH. The employer must let you make copies of the logs. The employer must provide the log within a "reasonable time period" - usually interpreted as 15 working days.

Click here to return to the Basic Health and Safety Rights page