OSHA Safety Standards

Sherrie Bennett

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The Occupational Safety and Health Act ("OSHA") requires employers to:

• Provide workplaces free of recognized safety hazards that are likely to cause death or serious physical harm
• Tell employees if they are working with hazardous materials
• Give any special training necessary to allow employees to do their jobs safely
• Keep records of all workplace injuries, deaths and any exposures to toxic or hazardous materials

Employees have the right under OSHA to question unsafe conditions and request inspections, as well as file a lawsuit to get a court order to correct unsafe conditions without retaliation.

In general, there are hundreds of OSHA safety standards covering:

• Storage of hazardous materials
• Fire protection, including sprinklers, emergency exits and emergency plans
• Protective equipment such as safety glasses and clothing
• First aid and medical treatment equipment where injuries are likely to occur
• Equipment performance and maintenance

If an employee feels unsafe in workplace or is injured at work:

• He or she should let his or her supervisor know of the hazard that is of concern, and to do so in writing, if necessary
• OSHA regulations allow an employee to walk off the job if there is an "immediate and substantial danger"
• If the safety hazard remains, the employee may file a complaint with the local Occupational Safety and Health Administration (also called OSHA) office
• The employee may also file a complaint with any appropriate local or state government agency, depending on the particular safety concern (for example, hazardous waste or building construction violations)

If OSHA sends out an inspector, the employer should cooperate with the inspector doing what's called an "on-site safety walk" around the workplace.

If an employee is injured, a possible violation of state or OSHA safety laws may make him or her eligible for more workers' compensation.

OSHA can order an employer to repair unsafe equipment, clean cluttered areas, put new storage or other procedures in place or remove all workers from the area where the danger exists.

If necessary, OSHA can also petition a court to order an employer to follow OSHA standards for workplace safety.

Protection Against Retaliation

OSHA laws protect any employee from being fired or disciplined if he or she has:

• Filed a complaint with OSHA about unsafe working conditions, talked with an OSHA inspector during an inspection or otherwise cooperated with an OSHA investigation.
• Refused to work in conditions that were likely to cause injury or death.

Generally, a person can't be fired or disciplined for refusing to do work if:

• A "reasonable person" in a similar position would conclude there's a real danger of injury or death.
• The employee has complained to the employer and nothing has been done.
• There's no time to go through the usual OSHA procedures.

If an employee feels that retaliation has occurred because he or she has reported safety violations, OSHA laws generally require that the matter be reported to the Department of Labor and OSHA within 30 days of the retaliatory action. If investigators determine that a firing or discipline was retaliatory, OSHA will require an employer to restore lost benefits. It may also be grounds for the employee to bring a separate legal action.

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