Your Rights as a Worker

Under the OSH Act, you have rights that protect your safety and health on the job, no matter your age, experience or immigration status.

Photo: the OSHA “It’s the Law” poster posted at a jobsite trailer

You have the right to

Your right to refuse dangerous work

You can refuse to do a task if all of these are true:

  1. You believe in good faith that there is an imminent danger of death or serious injury;
  2. A reasonable person would agree there is a real danger;
  3. You asked your employer to fix the hazard and they did not;
  4. There isn’t enough time to get the hazard fixed through an OSHA inspection.

If you refuse, stay on the jobsite unless told to leave, tell your employer you won’t do the task until the hazard is fixed, and offer to do other safe work.

Tip: Write down what happened, when, and who you talked to. Notes made at the time are very helpful if there is a dispute later.

How to file a complaint with OSHA

You can ask OSHA to keep your name confidential.

What happens after you file

See OSHA Inspections.

If you’re punished for speaking up

Retaliation includes firing, demotion, cutting hours, reassignment to worse work, threats, blacklisting and reporting you to immigration. If it happens:

  1. Act fast. Under federal law you generally have only 30 days to file a retaliation complaint with OSHA under Section 11(c). Some state plans allow more time, but don’t wait.
  2. File by phone, online, or in person. You don’t need a lawyer, and filing is free.
  3. Keep copies of texts, schedules, pay stubs, and anything in writing about the job and what changed.

Other laws may also protect you, such as transportation, environmental, and state whistleblower laws, and some of them have different deadlines. See Whistleblower Protection.

Rights for every worker

Who is not covered by OSHA

The OSH Act doesn’t cover self-employed people, immediate family members working on family farms, or workplaces regulated by another federal agency, such as mines (MSHA). State and local government workers are covered only in states with an OSHA-approved state plan. See State Plans Overview. Truly independent contractors aren’t employees, but many workers called “contractors” are really employees. See Misclassification.

Video: know your rights in 2 minutes

Standards & references

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