Labor & Employment Law
OSHA Violations
Workplace Safety
The Occupational Safety and Health Act is a federal law that serves to ensure employees work in a safe workplace. The Occupational Safety and Health Administration, also known as OSHA, enforces the Act, which requires employers to provide their employees with working conditions that are free of known dangers. OSHA does this through specific rules, or “standards” that employers must use and follow to protect employees from hazards, and also through its “General Duty Clause” which requires employers to keep their workplaces free of serious recognized hazards. The General Duty Clause is generally cited when no specific OSHA workplace safety standard applies to the hazard.
OSHA Frequently Asked Questions
The OSH Act is a federal law ensuring workplace safety. OSHA enforces this Act through:
- Specific workplace safety standards employers must follow
- The “General Duty Clause” requiring workplaces free of serious recognized hazards
- File confidential complaints for workplace inspection
- Participate in OSHA inspections and speak privately with inspectors
- Receive safety training and information about workplace hazards
- Access work-related injury and illness records
- Obtain workplace hazard test results
- Access workplace medical records
- Refuse dangerous work (with limitations)
- Contest hazard correction timeframes
- File lawsuits to compel action in cases of imminent danger
- Have OSH Act rights posted in workplace
Yes. Workers are encouraged to:
- Point out hazards
- Describe injuries or illnesses from hazards
- Discuss past safety complaints
- Report abnormal working conditions during inspection
No. Section 11(c) prohibits retaliation including:
- Firing
- Demotion
- Transfer
- Any other form of retaliation
Important: Retaliation complaints must be filed within 30 calendar days of the retaliatory act.
You have limited rights to refuse work when:
- A reasonable person would conclude there’s real danger of death or serious injury
- There’s insufficient time to address the danger through normal channels
- You’re refusing work in good faith
You can file complaints:
- In person
- By phone
- By mail/fax/email
- Online
No attorney is required, though legal assistance is optional.