Your Basic Health and Safety Rights

[Guest guest]

http://www.nycosh.org/rights.html

These are your basic health and safety rights. see the website for expanded

information.

Basic Health and Safety Rights

After years of hard fighting, the labor movement has achieved certain basic

legal and contractual health and safety rights for workers. These rights

apply to all workers in the U.S. whether or not they are United States

citizens. You should note that, even though you have these legal rights,

they are not easy to enforce. Your employer may respond harshly if you

exercise them. Even though the law is on your side, it could take years for

government officials and the courts to undo an employer's illegal punishment

of a worker who exercises a safety and health right. If you plan to exercise

a safety and health right in a hostile employment environment, it is a good

idea to be prepared for a harsh response and a long wait to obtain justice.

Each brief description below is linked to a fuller explanation of the law

and how to use it.

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Under the federal Occupational Safety and Health Act, you have a legal right

to a workplace free of recognized health and safety hazards.

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Under regulations of the Occupational Safety and Health Administration, you

have a legal right to any information that your employer has about any

exposure you may have had to hazards such as toxic chemicals or noise. You

also have a right to any medical records your employer has concerning you.

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Under Occupational Safety and Health Administration regulations, you have a

legal right to complain to your employer about dangerous conditions

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Under the Occupational Safety and Health Act, you have a legal right to file

complaints with the Occupational Safety and Health Administration (OSHA) and

request OSHA inspections. This right also applies to safety complaints to

other government agencies, such as a Fire Department.

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Under Occupational Safety and Health Administration regulations, you have

the legal right to respond to questions from an OSHA inspector and point out

hazards to the inspector, including telling the inspector about past

accidents or illnesses and informing the inspector if your employer has

temporarily eliminated hazards during the inspection.

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Under the Occupational Safety and Health Act you have a legal right not to

be discriminated against for exercising your health and safety rights.

" Discrimination " includes any adverse action by an employer-- anything from

being harassed to being fired.

How to Protect Yourself from Retaliation If You Need to Complain About a

Dangerous Job Factsheet -- prepared by the National COSH Network's

" Protecting Workers Who Exercise Rights " (PWWER) project -- is available in

exchange for a self-addressed stamped envelope, sent to NYCOSH, 275 7th

Ave., New York, NY 10001. (Please include a note requesting the

anti-retaliation factsheet.)

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Under the National Labor Relations Act you have a legal right to refuse to

work or to walk off the job because of workplace hazards. This right only

applies to " concerted activities, " which are actions by two or more workers

or by one worker whose action is endorsed by other workers. Such a refusal

to work because of workplace hazards must be based on a good faith belief

that the condition is hazardous. Even if you are wrong about the danger

(say, if you refuse to work because you smell what you believe is a toxic

vapor, but it turns out to be a non-toxic vapor), your actions are

protected.

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Under Occupational Safety and Health Administration regulations, you have a

legal right to refuse work that places you in imminent danger of death or

serious physical harm and there is not time to contact OSHA. Before you

refuse unsafe work, you should request that your employer eliminate the

hazard and you should make it clear that you will accept an alternate

assignment. Unlike the National Labor Relations Act, the OSHA rule protects

actions by a single worker as well as " concerted activities. " The OSHA

regulation only protects you if the danger can be proven to exist; if you

refuse to work because you believe a condition is hazardous, but are proved

wrong, OSHA does not protect you.

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Under regulations of the Occupational Safety and Health Administration, you

have a legal right to information and training about hazardous materials you

work with, including Material Safety Data Sheets.

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Under regulations of the Occupational Safety and Health Administration, you

have a legal right to information about injuries and illnesses experienced

by you and your co-workers.

[Guest guest]

Does anyone know if I have a legal right to request

results from IAQ testing that was done by the employer?

This was a private company hired to do the testing, and

the employer did it voluntarily (although it was sparked

by my accommodation request). I really would like to

get my hands on those test results, but don't know if I

have a legal right to request them?

Peace,

Jenni

[Guest guest]

You can request the information under the Freedom of

Information Act (FOIA).

>>> Crystalhawk <crstlhwk@...> 05/07/00 11:57AM >>>

Does anyone know if I have a legal right to request

results from IAQ testing that was done by the employer?

This was a private company hired to do the testing, and

the employer did it voluntarily (although it was sparked

by my accommodation request). I really would like to

get my hands on those test results, but don't know if I

have a legal right to request them?

Peace,

Jenni

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[Guest guest]

Linnea Saukko wrote:

>

> You can request the information under the Freedom of

> Information Act (FOIA).

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My understanding is that the FOIA is for government and

public information only. This would not fall under

that. Does anyone know if this is true, or if there is

a FOIA for the private sector?

Peace,

Jenni