(Adopted by NYCOSH from materials prepared by
the International Ladies Garment Workers Union)

The Occupational Safety and Health Act (OSH Act) is a federal law which was passed in 1970 after workers and unions demanded improved health and safety conditions at work.

OSHA (the Occupational Safety and Health Administration) has the duty to enforce the OSH Act by setting health and safety standards and by conducting workplace inspections to enforce those
standards. OSHA has the power to issue citations and fine employers for hazardous conditions.

The OSH Act states that it is the responsibility of the employer to provide a safe and healthful workplace.

Many specific health standards exist which limit exposure to harmful conditions or substances such as noise, chemicals, radiation, and poor sanitation. Safety standards cover hazards such as machine guarding, fire hazards, and scaffolds.

Your employer is responsible for making sure that your exposures are not above the relevant OSHA standard. Some OSHA standards require the employer to check your exposures to hazardous substances by testing or conducting air sampling or other tests.

Use your OSHA rights in conjunction with contract language, and an active Health and Safety Committee to make your workplace safer!

Under the "General Duty Clause"--
If no OSHA standard exists, the employer still must keep the workplace free from "recognized hazards". For example, there is no standard limiting "exposure" to repetitive hand movements that can cause carpal tunnel syndrome in garment workers or meat packers. But OSHA has recently fined employers in the garment and meat packing industries using the General Duty Clause: OSHA said that poor workplace design is a "recognized hazard" to workers' health.
OSHA has required employers to study workplace design and to take specific steps that will eliminate or reduce tendinitis, carpal tunnel, and other musculo-skeletal problems.

Your Right to Information

You have a right to copies of your own medical records (Access to Employee Exposure and Medical Records - 29 CFR 1910.20)

You have a right to results of air sampling, noise monitoring or any health and safety testing that was done in your workplace. (same Standard as above).

You have a right to records of all workplace illnesses or accidents, which must be listed by the employer on the "OSHA 200 Log" and posted during the entire month of February. The 200 Log is a very valuable document to the inspector and the union since it can show patterns of illness and injury. It is a violation for the employer to falsify or not keep the Log.

You have a right to Material Safety Data Sheets (MSDSs), which list the health and safety dangers, exposure limits, symptoms of overexposure, and the protective measures needed when handling workplace chemicals. (Hazard Communication Standard 29 CFR 1910.1200)

Your have the right to obtain copies of OSHA, EPA, NIOSH or local fire and building code records, which are relevant to your employer. Use the Freedom of Information Act (FOIA) to request these records.

Your Right to Inspections

You have the right to file an OSHA complaint. You should provide as much detail as possible about the specific hazards and the number of people affected when filing out the complaint. You should also request in a cover letter that your union participate in all informal conferences, and receive all data and correspondence about the complaint.

You have the right to remain anonymous if you wish. Your name will not be given to the employer, although you need to sign the complaint form if you are making a formal complaint.

You have the right to designate your union or an employee representative to accompany and OSHA inspector during an inspection.

You have the right to participate in the opening conference of the inspection.

You have the right to point out hazards to the inspector, with your privacy protected. Make sure to tell the inspector if working conditions are not "normal" during the inspection or sampling (certain operations are shut down; noise is less; or nearby windows have been opened.)

You have the right to talk to an OSHA inspector about anything relevant to the inspection or safety, including telling the inspector whether the employer has been notified of hazards; whether training has be given, and whether workers have health complaints, illnesses, injuries, or frequent accidents in any area.

Your Rights After an OSHA Inspection

You have a right to participate in the "closing conference" that OSHA holds with the employer. If the employer refuses, the union should request a written summary of the conference.

You have a right to meet privately with the inspector in a "closing conference" to discuss the inspection results or criticisms you have.

You have the right to receive copies of the results of any sampling performed. The union may also request a copy of each citation and notification of penalty and the entire case file.

After OSHA decides to issue citations (or decides to issue no citations) you can request changes in it by meeting with OSHA in an "informal conference." At this meeting you can also object to the deadlines given for the employer to correct the hazard; if you decide to formally appeal these deadlines, you must write OSHA within 15 days after management receives their citation.

You have the right to attend the "informal conference" between OSHA and your employer. Your employer will try to persuade OSHA to drop some citations, reduce the fines, or extend the deadlines for correction. At the conference you should try to dissuade OSHA from weakening the citation or extending the deadlines.

If OSHA issues a citation, you have the right to see the citation posted prominently in the workplace. The citation should list the deadlines for correcting the hazard. Call OSHA if you suspect that the citation has been issued, but not posted by your employer.

You have the right to request a follow-up inspection, if the employer does not correct a cited violation within the required time.

If OSHA does not issue a citation, you have the right to receive a written statement explaining why a citation was not issued.

If your employer formally contests an OSHA citation, you have the right to be a participant in the case when the citation is reviewed by the Occupational Safety and Health Review Commission (OSHRC). When you have "party status" in a citation review, you will receive copies of all documents involved in the case, you have the right to participate in all settlement negotiations, you have the right to present witnesses to testify against the employer, the right to cross-examine your employer's witnesses and to appeal an OSHRC decision to the courts.

Your Right to Non-Discrimination

You have the right to file an OSHA complaint within 30 days if you believe you have been discriminated against for exercising your OSHA rights (an ll© complaint). It is difficult to win health and safety discrimination cases so it is always a good idea to work closely with your union and co-workers on any OSHA complaints; and, keep detailed records of anything that your employer says or does related to discrimination for your health and safety activities.

Your Right to Training

You have the right to receive training about the identification of hazardous materials in the workplace, and to health, safety, and fire hazards, emergency procedures, and protective measures concerning all hazardous materials you work with. (Hazard Communication Standard). Training and education is also required under specific OSHA standards (respirator standard, formaldehyde standard) in certain circumstances.

You have the right to have your employer test the workplace for some substances, including lead, asbestos, noise, and formaldehyde, the employer can be required to conduct one or more of the following: Depending on the substance, your employer may be required conduct a health survey and distribute a health questionnaire, offer free physical exams and conduct air monitoring.

The worker/union representative has the right to observe all workplace testing. You can also request that NIOSH (National Institute for Occupational Safety and Health) conduct a thorough Health Hazard Evaluation of your workplace for free. NIOSH has no regulatory power but it can study workplace design to see why it why it causes injury of illness or study work processes that cause high chemical exposure. (NIOSH takes a long time to respond to requests and they cannot study every workplace they are asked to.)