Language Rights at Work
Millions of U.S. workers speak a language other than English at home. When instructions, warnings, contracts and pay information aren't understood, people get hurt, underpaid and treated unfairly. Federal law protects workers from language-based discrimination in some situations and requires safety training that workers can actually understand.
- Workers
- Supervisors
- Employers
- Immigrant Workers
Safety training and warnings
- OSHA requires employers to provide training in a language and vocabulary workers can understand. OSHA has said that training in a language a worker doesn't understand is not adequate, even if the employer provided it.
- This applies to hazard communication, fall protection, confined spaces, lockout/tagout, forklift, PPE and other required training. See OSHA Training Requirements and Hazard Communication.
- It also means vocabulary and reading level: avoid jargon, use visuals, demonstrate tasks and check understanding. Having a coworker translate informally isn't always enough; the translator should know the safety content.
- Warning signs, labels and written procedures should be in languages workers read. Pictograms and color codes help but don't replace training.
- Employers should confirm understanding: ask workers to explain or demonstrate. See Safety Programs.
- If you can't understand training or instructions, say so and ask for help. You're allowed to ask for an interpreter and a safe way to do the job. You can't be punished for asking.
Talking to OSHA and other agencies
- You can file an OSHA complaint, report a hazard or ask questions in any language. OSHA provides interpretation services by phone at 1-800-321-OSHA (6742) and has many materials in Spanish and other languages.
- The Department of Labor, the EEOC and the NLRB all offer interpreters and translated forms. See Where to Get Help.
- Agencies that receive federal money must provide meaningful access for people with limited English proficiency under Title VI of the Civil Rights Act.
- You can't be retaliated against for reporting. See Whistleblower Protection.
English-only rules
- Employers may require English when it's a business necessity, such as for safe operation, emergency communication, working with English-speaking customers or when workers need to coordinate. They must apply it to the situations where it's truly needed.
- The EEOC treats blanket English-only rules (such as speaking English at all times, including breaks and lunch) as likely discrimination based on national origin, unless a business necessity is shown. Workers should be told when and why English is required and the consequences.
- Employers can't use accent or fluency as an excuse for discrimination unless it materially interferes with the job.
- Harassing someone for their language, accent or ethnicity is illegal. See Discrimination & Harassment.
Pay, contracts and notices
- Wage and hour rights apply regardless of language. Ask for your pay stub, hours and rate in a language you can read. Some states require notices, wage statements and workplace postings in the workers' language. See Wage Theft and Required Postings.
- Don't sign documents you can't read. Ask for a translation, take them home or have a trusted person review them. Be careful with arbitration, non-compete or release forms. See Non-Compete & Non-Solicit Agreements.
- Workers' compensation, unemployment and other benefit agencies provide interpreters. Ask for one. See Workers' Comp Claim Steps and Unemployment Insurance.
- Your immigration status doesn't change your right to safe working conditions and unpaid wages. See Immigrant Workers' Rights and Form I-9 & E-Verify.
What employers should do
- Identify the languages on the crew and provide bilingual trainers, interpreters and translated materials.
- Use pictures, demonstrations and hands-on practice, and test understanding with questions and walk-throughs.
- Pair new workers with an experienced coworker who speaks their language, and make sure supervisors can communicate critical safety instructions.
- Keep records of training, including the language used.
- Welcome questions and make it clear that nobody will be punished for admitting they didn't understand.
Language rights checklist
- My safety training was in a language I understand, and I could ask questions
- I know I can contact OSHA and other agencies in my language
- I know blanket English-only rules may be discrimination
- I ask for pay information and documents in a language I read
- I don't sign anything I can't read
Standards & references
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