Worker Rights

• To review any OSHA rule or standard applicable to your line of work

• To request information on any health & safety hazards you may be exposed to in your work place

• To petition OSHA to inspect your work place

• To file an anonymous written or signed complaint

• To answer an OSHA inspector's questions during an inspection of the facility

• To observe any testing the inspector conducts

• To meet privately with the inspector once the report is issued

• To submit a letter to NIOSH for technical information on worker safety

• To be notified of any variances to worker safety

• Generally, an employee cannot refuse to perform work without penalty.  However, an employee may refuse to work if the job poses "imminent danger". The right to refuse to do a task is protected if all of the following conditions are met:
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  • Where possible, the employee has asked the employer to eliminate the danger, and the employer failed to do so; and
  • The employee refused to work in "good faith." This means that the employee must genuinely believe that an imminent danger exists. The employee's refusal cannot be a disguised attempt to harass the employer or disrupt business; and
  • A reasonable person would agree that there is a real danger of death or serious
    injury; and
  • There isn't enough time, due to the urgency of the hazard, to get it corrected
    through regular enforcement channels, such as requesting an OSHA inspection.

  When all of these conditions are met, the employee may take the following steps:

  • Ask the employer to correct the hazard,
  • Ask the employer for other work,
  • Tell the employer that he/she won't perform the work unless and until the hazard is
    corrected; and
  • The employee remains at the worksite until ordered to leave by the employer.

• To exercise any of the above rights without fear of retribution. There are numerous laws to protect government and civilian workers at the federal and state levels.  See http://www.osha.gov/as/opa/worker/whistle.html for OSHA's rules.