Workers' Rights Booklet (OSHA 3021)

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   Workers’ Rights

   • osha.gov
   • OSHA 3021-07R 2026
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   osha.gov

   • This publication provides a general overview of worker rights under the Occupational Safety and Health Act (OSH Act). This publication does not alter or determine compliance responsibilities which are set forth in OSHA standards and the OSH Act. Moreover, because interpretations and enforcement policy may change over time, for additional guidance on OSHA compliance requirements the reader should consult current administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the courts.
   • Material contained in this publication is in the public domain and may be reproduced, fully or partially, without permission. Source credit is requested but not required.
   • This information will be made available to sensory-impaired individuals upon request. Voice phone: (202) 693-1999.
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   Workers’ Rights

   • U.S. Department of Labor
   • Occupational Safety and Health Administration OSHA 3021-07R 2026
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   Contents

   • Introduction
   • Worker Protection is the Law of the Land Workers’ Rights under the OSH Act
   • Employer Responsibilities
   • Who Does OSHA Cover
   • Private Sector Workers
   • State and Local Government Workers Federal Government Workers
   • Not Covered under the OSH Act
   • Right to a Safe and Healthful Workplace
   • Employers’ “General Duty”
   • OSHA Standards: Protection on the Job Right to be Provided Protective Equipment Free of Charge
   • Right to Information
   • OSHA Worksite Investigations
   • Right to File a Complaint with OSHA to Request an On-site OSHA Inspection
   • Rights of Workers during an Inspection Workers’ Rights following Issuance of Citations Right to Information if No Inspection is Conducted or No Citation Issued
   • Right to Use Your Rights:
   • Protection against Retaliation
   • Whistleblower Protection
   • If There is a Dangerous Situation at Work Additional Whistleblower Protections
   • OSHA Assistance, Services, and Programs
   • Establishing a Safety and Health Program Compliance Assistance Specialists
   • No-Cost On-Site Safety and Health Consultation Services for Small Business
   • …
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   Introduction

   • Worker Protection is the Law of the Land
   • You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSH Act created the Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards. OSHA also provides information, training and assistance to employers and workers.
   • Contact us if you have questions or want to file a complaint. We will keep your information confidential. We are here to help you.
   • Workers’ Rights under the OSH Act
   • The OSH Act gives workers the right to safe and healthful working conditions. It is the duty of employers to provide workplaces that are free of known dangers that could harm their employees. This law also gives workers important rights to participate in activities to ensure their protection from job hazards. …
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   Employer Responsibilities

   • A job must be safe or it cannot be called a good job. OSHA strives to make sure that every worker in the nation goes home unharmed at the end of the workday, the most important right of all.
   • Employers have the responsibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does not have serious hazards and must follow all OSHA safety and health standards. Employers must find and correct safety and health problems. OSHA further requires that employers must try to eliminate or reduce hazards first by making feasible changes in working conditions – switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air are examples of effective ways to get rid of or minimize risks – rather than just relying on personal protective equipment such as masks, gloves, or earplugs.
   • Employers MUST also:
   • Prominently display the official OSHA poster that describes rights and responsibilities under the OSH Act. …
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   Who Does OSHA Cover

   • The OSH Act provides workplace safety and health protection to most private sector employers and their workers, and federally covered public sector employers and workers in the 50 states and certain territories and jurisdictions. Those jurisdictions include the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act.
   • Private Sector Workers
   • Federal OSHA covers most private sector employers and workers in 29 states, the District of Columbia, Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands. Private sector workers in the remaining 21 states and Puerto Rico are covered by OSHA-approved State Plans.
   • State plans are OSHA-approved workplace safety and health programs operated by individual states instead of Federal OSHA. The OSH Act encourages states to develop and operate their own workplace…
   • …
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   OSHA-approved

   • OSHA-Approved State Plans
   • OSHA-approved State Plan covering private sector and state/local government workers
   • State Plan covering state and local government
   • workers only
   • Federal OSHA covering private sector workers
   • Exceptions to State Plan private sector coverage are listed on each State Plan’s webpage at www.osha.gov/stateplans.
   • Complaints About State Program Administration States that assume responsibility for their own occupational safety and health programs must have provisions at least as effective as Federal OSHA’s, including the protection of worker rights.
   • Any interested person or group, including individual workers, with a complaint concerning the operation or administration of a State Plan may submit a complaint to the appropriate Federal OSHA Region (regional offices are listed at the end of this guide). This is called a Complaint About State Program Administration (CASPA). The complainant’s name will be kept confidential. OSHA will determine whether an investigation is warranted, and will investigate all such complaints. …
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   • OSHA regulations allow states and territories to develop State Plans that cover only state and local government workers. In states with state and local government only State Plans, private sector workers and employers remain under Federal OSHA jurisdiction. Six additional states and one U.S. territory have OSHA-approved State Plans that cover state and local government workers only:
   • Connecticut
   • Illinois
   • Maine
   • Massachusetts
   • New Jersey
   • New York
   • Virgin Islands
   • Federal Government Workers
   • OSHA’s protection applies to all federal agencies Although OSHA does not fine federal agencies, it does monitor these agencies and conducts federal workplace inspections in response to workers’ reports of hazards.
   • Federal agencies must have a safety and health program that meets the same standards as private employers. Under a 1998 amendment, the OSH Act covers the U.S. Postal Service the same as any private sector employer.
   • Not Covered under the OSH Act
   • The self-employed;
   • Immediate family members of farm employers; and
   • …
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    • Maritime, and Agriculture. (General Industry is the set that applies to the largest number of workers and worksites). These standards are designed to protect workers from a wide range of hazards.
    • These standards also limit the amount of hazardous chemicals, substances, or noise that workers can be exposed to; require the use of certain safe work practices and equipment; and require employers to monitor certain hazards and keep records of workplace injuries and illnesses.
    • Examples of OSHA standards include requirements to:
    • Provide fall protection, such as a safety harness and lifeline;
    • Prevent trenching cave-ins;
    • Ensure the safety of workers who enter confined spaces such as manholes or grain bins;
    • Prevent exposure to high levels of noise that can damage hearing;
    • Put guards on machines;
    • Prevent exposure to harmful levels of substances like asbestos and lead;
    • Provide workers with respirators and other needed safety equipment (in almost all cases, free of charge);
    • Provide healthcare workers with needles and sharp instruments that have built-in safety…
    • …
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    • hazard control measures. Employers must provide most protective equipment free of charge. Employers are responsible for knowing when protective equipment is needed.
    • Right to Information
    • OSHA gives workers and their representatives the right to see information that employers collect on hazards in the workplace. Workers have the right to know what hazards are present in the workplace and how to protect themselves. Many OSHA standards require various methods that employers must use to inform their employees, such as warning signs, color-coding, signals, and training. Workers must receive their normal rate of pay to attend training that is required by OSHA standards and rules. The training must be in a language and vocabulary that workers can understand.
    • Right to Know about Chemical Hazards
    • The Hazard Communication standard, known as the “right-to-know” standard, requires employers to inform and train workers about hazardous chemicals and substances in the workplace. Employers must:
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    Right to Get Copies of Workplace

    • Injury and Illness Records
    • OSHA’s Recordkeeping Rule requires employers in higher-hazard industries with more than ten employees to keep accurate and complete records of work-related injuries and illnesses. (Certain low-hazard workplaces such as offices are not required to keep such records).
    • Employers must record any serious work-related injury or illness on the OSHA Form 300. A serious injury or illness is one that required medical treatment other than first aid, restricted work or days away from work.
    • (Details of each incident are entered on a separate form, the OSHA Form 301). This OSHA Form 300 becomes an ongoing log of all recordable incidents.
    • Each year from February 1 through April 30, employers must post a summary of the injury and illness log from the previous year (OSHA Form 300A) in a place where workers can see it. Workers and their representatives have the right to receive copies of the full OSHA Form
    • 300 log. Following a request, employers must make copies available at the end of the next business day.
    • …
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    OSHA Worksite Investigations

    • OSHA conducts on-site inspections of worksites to enforce the OSHA law that protects workers and their rights. Inspections are initiated without advance notice, conducted using on-site or telephone and facsimile investigations, and performed by highly trained compliance officers. Worksite inspections are conducted based on the following priorities:
    • Imminent danger;
    • A fatality or hospitalizations;
    • Worker complaints and referrals;
    • Targeted inspections – particular hazards, high injury rates; and
    • Follow-up inspections.
    • Inspections are conducted without employers knowing when or where they will occur. The employer is not informed in advance that there will be an inspection, regardless of whether it is in response to a complaint or is a programmed inspection.
    • Right to File a Complaint with OSHA to Request an On-site OSHA Inspection
    • On-site inspections can be triggered by a worker complaint of a potential workplace hazard or violation. If your workplace has unsafe or unhealthful working conditions, you may want to file a complaint. …
    • …
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    • A written complaint that reports a serious hazard and is signed by a current worker(s) or their representative and mailed or otherwise submitted to an OSHA area or regional office is more likely to result in an on-site OSHA inspection. Complaints received online from workers in OSHA-approved State Plans will be forwarded to the appropriate state plan for response. For more information, visit www.osha.gov/workers/file-complaint.
    • 2. Fax/Mail/Email the OSHA Complaint Form or Send a Letter Describing Your Complaint – Download the OSHA complaint form from our website (or request a copy from your local OSHA regional or area office), complete it and then fax, mail, or email it back to your nearest OSHA regional or area office. Written complaints that report a serious hazard and are signed by a current worker or representative and submitted to the closest OSHA area office are given priority and are more likely to result in on-site OSHA inspections. …
    • …
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    • In addition, anyone who knows about a workplace safety or health hazard may report unsafe conditions to OSHA, and OSHA will investigate the concerns reported.
    • Rights of Workers during an Inspection
    • During an inspection, workers or their representatives have the following rights:
    • Have a representative of employees, such as the safety steward of a labor organization, go along on the inspection;
    • Talk privately with the inspector; and
    • Take part in meetings with the inspector before and after the inspection.
    • When there is no authorized employee representative, the OSHA inspector must talk confidentially with a reasonable number of workers during the inspection.
    • Workers are encouraged to:
    • Point out hazards;
    • Describe injuries or illnesses that resulted from these hazards;
    • Discuss past worker complaints about hazards; and
    • Inform the inspector of working conditions that are not normal during the inspection.
    • Following the Inspection
    • At the end of the inspection, the OSHA inspector will meet with the employer and the employee representatives in a closing conference…
    • …
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    Workers’ Rights following Issuance of Citations

    • Workers and employers can contest citations once they are issued to the employer. Workers may only contest the amount of time the employer is given to correct the hazard. Workers or their representatives must file a notice of contest with the OSHA area office within 15 days of the issuance of a citation.
    • Employers have the right to challenge whether there is a violation, how the violation is classified, the amount of any penalty, what the employer must do to correct the violation and how long they have to fix it. Workers or their representatives may participate in this appeals process by electing “party status.” This is done by filing a written notice with the Occupational Safety and Health Review Commission (OSHRC).
    • The OSHRC hears appeals of OSHA citations. They are an independent agency separate from the Department of Labor. For more information, write to:
    • U.S. Occupational Safety and Health
    • Review Commission
    • 1120 20th Street NW, 9th Floor
    • Washington, DC 20036
    • …
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    • Right to Use Your Rights: Protection against Retaliation Whistleblower Protection
    • The OSH Act prohibits employers from retaliating against their employees for using their rights under the OSH Act. These rights include raising safety and health concerns with an employer, reporting a work-related injury or illness, filing a complaint with OSHA, seeking an OSHA inspection, participating in an OSHA inspection and participating or testifying in any proceeding related to an OSHA inspection.
    • Protection from retaliation means that an employer cannot retaliate by taking “adverse action” against workers, such as:
    • Firing or laying off; Demoting;
    • Denying overtime or promotion;
    • Disciplining;
    • Denying benefits;
    • Failing to hire or rehire;
    • Intimidation or harassment;
    • Making threats;
    • Reassignment to a less desirable position or actions affecting prospects for promotion (such as excluding an employee from training meetings);
    • Reducing or changing pay or hours;
    • More subtle actions, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance;
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    • Following a complaint, OSHA will contact the complainant and conduct an interview to determine whether an investigation is necessary.
    • If the evidence shows that the employee has been retaliated against for exercising safety and health rights, OSHA will ask the employer to restore that worker’s job, earnings, and benefits. If the employer refuses, OSHA may take the employer to court. In such cases, a Department of Labor attorney will represent the employee to obtain this relief.
    • If There is a Dangerous Situation at Work
    • If you believe working conditions are unsafe or unhealthful, we recommend that you bring the conditions to your employer’s attention, if possible.
    • You may file a complaint with OSHA concerning a hazardous working condition at any time. However, you should not leave the worksite merely because you have filed a complaint. If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you have brought the condition to the attention of your employer, you may…
    • …
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    • reform, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime, securities, and tax laws. Complaints must be reported to OSHA within set timeframes following the retaliatory action, as prescribed by each law. These laws, and the number of days workers have to file a complaint, are:
    • Employee Safety and Environmental Protection Laws
    • Asbestos Hazard Emergency Response Act (AHERA) (90 days). Provides retaliation protection for individuals who report violations of environmental laws relating to asbestos in public or private nonprofit elementary and secondary school systems.
    • Clean Air Act (CAA) (30 days). Provides retaliation protection for employees who, among other things, report violations of this law, which provides for the development and enforcement of standards regarding air quality and air pollution.
    • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
    • (30 days). Protects employees who report regulatory violations involving accidents, spills, and other emergency releases of pollutants into the…
    • …
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    • Safe Drinking Water Act (SDWA) (30 days). Provides retaliation protection for employees who, among other things, report violations of this law, which requires that all drinking water systems assure that their water is potable, as determined by the Environmental Protection Agency.
    • Solid Waste Disposal Act (SWDA) (also known as the Resource Conservation and Recovery Act) (30 days). Provides retaliation protection for employees who, among other things, report violations of the law regulating the disposal of solid waste.
    • Toxic Substances Control Act (TSCA) (30 days). Provides retaliation protection for employees who, among other things, report violations of regulations involving the manufacture, distribution, and use of certain toxic substances.
    • Transportation Services Laws
    • Federal Railroad Safety Act (FRSA) (180 days). Provides protection to employees of railroad carriers and contractors and subcontractors of those carriers who report an alleged violation of any federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste…
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    • safety or security, or fraud, waste, or abuse of federal grants or other public funds intended to be used for public transportation safety or security; refuse to violate or assist in the violation of any federal law, rule, or regulation relating to public transportation safety or security; report a hazardous safety or security condition; refuse to work when confronted by a hazardous safety or security condition related to the performance of the employee’s duties (under imminent danger circumstances).
    • Pipeline Safety Improvement Act (PSIA) (180 days). Provides retaliation protection for employees who report violations of the federal laws regarding pipeline safety and security or who refuse to violate such provisions.
    • Seaman’s Protection Act (SPA) (180 days). Seamen are protected, among other things, for reporting to the Coast Guard or other federal agency a reasonably believed violation of a maritime safety law or regulation prescribed under that law or regulation. …
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    • Anti-Money Laundering Act (AMLA) (90 days). Protects employees who report potential money laundering violations to their employers or to the federal government.
    • Consumer Financial Protection Act (CFPA), Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (180 days). Protects employees who report perceived violations of any provision of the Dodd‑Frank Act, which encompasses nearly every aspect of the financial services industry. The law also protects employees who report violations of any rule, order, standard or prohibition prescribed by the Bureau of Consumer Financial Protection.
    • Criminal Antitrust Anti-Retaliation Act (CAARA)
    • (180 days). Protects employees who report criminal antitrust violations to their employers or the federal government, or engage in related protected activities.
    • Sarbanes-Oxley Act (SOX) (180 days). Protects employees of certain companies who report alleged mail, wire, bank or securities fraud; violations of the Securities and Exchange Commission (SEC) rules and regulations; or violations of federal laws…
    • …
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    OSHA Assistance, Services, and Programs

    • Food, Drug, and Cosmetic Act, or a regulation promulgated under this law. Employees are also protected from retaliation for refusing to participate in a practice that violates this law.
    • Moving Ahead for Progress in the 21st Century
    • Act (MAP-21) (180 days). Prohibits retaliation by motor vehicle manufacturers, part suppliers, and dealerships against employees for providing information to the employer or the U.S. Department of Transportation about motor vehicle defects, noncompliance, or violations of the notification or reporting requirements enforced by the National Highway Traffic Safety Administration or for engaging in related protected activities as set forth in the provision.
    • If you believe that you have been retaliated against, call 1-800-321-OSHA (6742) to be connected to the nearest OSHA office to report your complaint. For more information, visit OSHA’s Whistleblower page at www.whistleblowers.gov.
    • OSHA has a great deal of information to assist employers in complying with their responsibilities under OSHA…
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    • Visit www.osha.gov/complianceassistance/cas or call 1-800-321-OSHA (6742) to contact your local OSHA office.
    • No-Cost On-Site Safety and Health Consultation Services for Small Business
    • OSHA’s On-Site Consultation Program offers no‑cost and confidential advice to small and mediumsized businesses in all states, with priority given to high-hazard worksites. On-Site consultation services are separate from enforcement and do not result in penalties or citations.
    • For more information or to find the local On-Site Consultation office in your state, visit www.osha.gov/ consultation, or call 1-800-321-OSHA (6742).
    • Under the consultation program, certain exemplary employers may request participation in OSHA’s Safety and Health Achievement Recognition Program (SHARP). Worksites that receive SHARP recognition are exempt from programmed inspections during the period that the SHARP certification is valid.
    • Cooperative Programs
    • OSHA offers cooperative programs under which businesses, labor groups and other organizations can work cooperatively with OSHA. …
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    Safety Champions Program

    • The Safety Champions Program is a new program for employers to develop and implement an effective safety and health program. The main goal of safety and health programs is to prevent workplace injuries, illnesses, and deaths. The Program incorporates the seven core elements of Recommended Practices for Safety and Health Programs, including leadership, worker participation, hazard identification, hazard control, training, evaluation, and communication.
    • Occupational Safety and Health Training
    • OSHA partners with more than 25 OSHA Training Institute Education Centers at multiple locations throughout the United States to deliver courses on OSHA standards and occupational safety and health topics to thousands of students a year.
    • For more information on training courses, visit www.osha.gov/otiec.
    • OSHA Educational Materials
    • OSHA has many types of educational materials to assist employers and workers in finding and preventing workplace hazards.
    • All OSHA publications are free at www.osha.gov/publications and www.osha.gov/ebooks.
    • …
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    OSHA Regional Offices

    • Boston
    • (CT*, ME*, MA*, NH, RI, VT*)
    • JFK Federal Building
    • 25 New Sudbury Street, Room E340 Boston, MA 02203
    • (617) 565-9860 (617) 565-9827 Fax
    • New York City
    • (NJ*, NY*, PR*, VI*)
    • Federal Building
    • 201 Varick Street, Room 670
    • New York, NY 10014
    • (212) 337-2378 (212) 337-2371 Fax
    • Philadelphia
    • (DE, DC, MD*, PA, VA*, WV)
    • 1835 Market Street
    • Mailstop OSHA-RO/19 Philadelphia, PA 19103
    • (215) 861-4900 (215) 861-4904 Fax
    • Atlanta
    • (FL, GA, NC*, SC*)
    • Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW, Room 6T50 Atlanta, GA 30303
    • (678) 237-0400 (678) 237-0447 Fax
    • Chicago
    • (IL*, IN*, MI*, MN*, OH, WI)
    • John C. Kluczynski Federal Building 230 South Dearborn Street, Room 3244 Chicago, IL 60604
    • (312) 353-2220 (312) 353-7774 Fax
    • Dallas
    • (NM*, OK, TX)
    • A. Maceo Smith Federal Building 525 Griffin Street, Room 602 Dallas, TX 75202
    • (972) 850-4145 (972) 850-4149 Fax
    • Kansas City
    • (IA*, KS, MO, NE)
    • Two Pershing Square Building 2300 Main Street, Suite 10030 Kansas City, MO 64108-2416
    • (816) 283-8745 (816) 283-0547 Fax
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    Denver

    • (CO, MT, ND, SD, UT*, WY*) Cesar Chavez Memorial Building 1244 Speer Boulevard, Suite 551 Denver, CO 80204
    • (720) 264-6550 (720) 264-6585 Fax
    • San Francisco
    • (AK*, AZ*, CA*, HI*, ID, NV*, OR*, WA*, and American Samoa, Guam and the Northern Mariana Islands) Ronald Dellums Federal Building
    • 1301 Clay Street, Suite 1080N
    • Oakland, CA 94612
    • (415) 625-2547 (415) 625-2534 Fax
    • Birmingham
    • (AL, AR, FL (west of the Apalachicola River), KY*, LA, MS, TN*)
    • Medical Forum Building
    • 950 22nd Street North, Room 1050
    • Birmingham, AL 35203
    • (205) 421-9390
    • These states and territories operate their own OSHA-approved job safety and health plans and cover state and local government employees as well as private sector employees. The Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York and Virgin Islands programs cover public employees only. (Private sector workers in these states are covered by Federal OSHA). States with approved programs must have standards that are identical to, or at least as effective as, the Federal OSHA standards.
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    • If you think your job
    • is unsafe and you have
    • questions, call OSHA.
    • We can help.
    • U.S. Department of Labor
    • For more information:
    • osha.gov
    • (800) 321-OSHA (6742)