Module 1: Lesson 2 What rights do you have under OSHA
Rights of an Employee
Occasionally, OSHA standards will require an employer to measure and record employee exposure to potentially harmful substances. Employees have the right (in person or through their authorized representative) to be present during the measuring and to examine records of the results. Each employee or former employee has the right to see his or her health records and must be told if exposure has exceeded the levels set by OSHA standards. The employee must also be told what corrective actions are being taken.
Workers rights:
The right to review the log includes former employees, their personal representatives, and authorized employee representatives.
Situations of potential hazards:
This product needs to be applied to a piece of machinery in an area where there is a lot of heat and sparks
Right to hazardous Exposure Records and Medical Record:
Under OSHA's standard 1910.1020, you have the right to examine and copy exposure and medical records, including records of workplace monitoring or measuring a toxic substance. This is important if you have been exposed to toxic substances or harmful physical agents in the workplace, as this regulation may help you detect, prevent, and treat occupational disease.
Situations of non-potential hazards:
You find that the canisters for this product have been stored in an area subject to temperatures that may dip several degrees below freezing, but are unlikely to rise above 50 degrees Fahrenheit.
Your rights to be informed
1. Job Safety and Health Protection (Workplace Poster OSHA 3165) informing employees of their rights and responsibilities under the OSH Act. 2. Summaries of petitions for variances from standards or recordkeeping procedures. 3. Copies of OSHA citations for violations of standards. These must remain posted at or near the location of the alleged violations for three days or until the violations are abated, whichever is longer.
Right to training:
required training includes lockout-tagout, bloodborne pathogens, noise, confined spaces, fall hazards in construction, personal protective equipment, and a variety of other subjects.
^^^Examples of toxic substances and harmful physical agents are:
•Metals and dusts, such as, lead, cadmium, and silica •Biological agents, such as bacteria, viruses, and fungi •Physical stress, such as noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation OSHA standards require employers to measure exposure to harmful substances, and workers or their representatives have the right to observe the testing and examine the results. If the exposure levels are above the limit set by the standard, the employer must tell workers what will be done to reduce their exposure.
^^^Some examples of a safe and healthful workplace when training is in place include:
•Trenches are inspected and have protective systems in place. •Proper confined space entry procedures, testing, equipment are present. •Noise levels are controlled. When levels are still high, workers are given hearing tests and are provided training and hearing protection. •Protection from chemical hazards is provided, including an evaluation of chemicals used, a written program, Material Safety Data Sheets, worker protection (for example, respirators or gloves), and information and training.
Workers rights: RIGHT TO A SAFE A HEALTHFUL 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." A safe and healthful workplace means that hazards are removed and workers are trained. If a hazard cannot be removed completely, protection (for example, respirators or earplugs) must be provided. Some examples of a safe/healthful workplace include: •Fall protection and training are provided and required when working at high levels on a construction site. •Machines and equipment with rotating and moving parts are guarded
Situations of potential hazards:
A machine has jammed. The electric motor is still running. A worker is about to spray the product on hears near the fan for the motor.
What does an MSDS tell you?
Chemical name, hazardous ingredients, physical and chemical characteristics, fire and explosion hazards, compatibility and reactivity, health hazards, precautions for safe use and handling, and control measures.
Workers Rights: RIGHT TO KNOW ABOUT HAZORDOURS CHEMICALS
Employers must have a written, complete hazard communication program that includes information on: •Container labeling •Material Safety Data Sheets (MSDSs) •Worker training must include the physical and health hazards of the chemicals and how workers can protect themselves; including specific procedures the employer has implemented to protect workers, such as work practices, emergency procedures, and personal protective equipment. The program must also include a list of the hazardous chemicals in each work area and the means the employer uses to inform workers of the hazards of non-routine tasks. In addition, the program must explain how the employer will inform other employers of hazards to which their workers may be exposed (for example, contract workers).
Right to Participate in an OSHA Inspection:
If an OSHA inspection is conducted in your workplace, you have the right to have your representative accompany the inspector on the inspection. You also have the right to talk to the inspector privately. You may point out hazards, describe injuries, illnesses or near misses that resulted from those hazards and describe any concern you have about a safety or health issue. You also have the right to find out about inspection results and abatement measures, and get involved in any meetings or hearings related to the inspection. You may also object to the date set for the violation to be corrected and be notified if the employer files a contest.
^^^^Contest:
If an employer disagrees with the results of the OSHA inspection, he or she may submit a written objection to OSHA, called a Notice of Contest.
What are some worker rights related to injury and illness reporting?
Know how to report injuries/illnesses, see the annual summary, review the log.
Name some standards or hazards where workers must be trained.
Lockout/tagout, fall hazards in construction, hazard communication, confined spaces, bloodborne pathogens, and personal protective equipment.
Workers Responsibilities:
OSHA holds employers responsible for the safety and health conditions in the workplace and does not cite workers for violations. However, Section 5(b) of the OSHA Act states that each employee shall comply with occupational safety and health standards and all applicable rules, regulations and orders. Workers are encouraged to follow all appropriate safety and health rules, and wear protective equipment while working. •Read the OSHA poster. •Follow the employer's safety and health rules and wear or use all required (PPE). •Follow safe work practices for your job, as directed by your employer. •Report hazardous conditions to a supervisor or safety committee. •Report hazardous conditions to OSHA if employers do not fix them. •Cooperate with OSHA inspectors.
Workers Rights: RIGHT TO INFORMATION ABOUT INJURIES AND ILLNESSES IN YOUR WORKPLACE
OSHA's Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses. The log, which is also called the OSHA 300, must contain all work-related injuries and illnesses resulting in lost workdays, restricted work or transfer to another job, as well as any incident requiring more than first aid treatment. You have the right to review the current log, as well as the logs stored for the past 5 years. The employer must provide this by the end of the next workday. The names and other information on the log may not be removed, unless the case is a "privacy concern case."
Anit-discrimination Provisions:
The OSH Act prohibits employment retaliation against an employee who complains to an employer, files a complaint related to workplace safety or health conditions, initiates a proceeding, contests an abatement date, requests information from OSHA, or testifies under the Act. In certain circumstances, an employee may refuse to work under seriously threatening health or safety conditions.
Right to be Free from Retaliation for Exercising Safety and Health Rights
The law says the employer shall not punish or discriminate against employees for exercising such rights as complaining to the employer, union, OSHA, or any other government agency about safety and health hazards. Workers are also protected for participation in OSHA inspections, conferences, hearings, and other OSHA-related activities. Workers also have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger. "Good faith" means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist. Since the conditions necessary to justify a work refusal are very stringent, refusing work should be an action taken as a last resort. If time permits, the condition should be reported to OSHA or the appropriate government agency.
Workers Right: RIGHT TO COMPLAIN OR REQUEST HAZRD CORRECTION FROM YOUR EMPLOYER
Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith. OSHA regulations [29CFR 1977.9(c)] protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you have exercised any right afforded to you under the OSH Act. Since you are often closest to potential safety and health hazards, you have a vested interest in reporting problems so that the employer gets them fixed. If the hazard is not getting corrected, you should then contact OSHA.
Right to File a Complaint with OSHA:
You may file a complaint with OSHA if you believe a violation of a safety or health standard or an imminent danger situation exists in your workplace. You may request that your name not be revealed to your employer. You can file a complaint on OSHA's web site, in writing or by telephone, to the nearest OSHA area office. You may also call the office and speak with an OSHA compliance officer about a hazard, violation, or the process for filing a complaint.
