I have a confession to make: I'm a news junkie. I work from home, and for at least a couple hours a day, I have the TV turned on and tuned to CNN. Often, it's just on mute, but when the breaking news banner appears, it catches my attention.
In recent days, there seem to have been a slew of stories about people who were hurt or killed on the job. Earlier this month, a driver struck and killed a highway worker in Wisconsin. Last week, two workers died and dozens were injured in an explosion at a food plant. The next day, a security guard was shot and killed at the U.S. Holocaust Memorial Museum in Washington, D.C.
Whether you're working in a factory or office building, dealing with the public or just other co-workers, every job has its risks. But regardless of what type of job you hold, you're still legally entitled to work in a safe environment.
The Occupational Safety and Health Act (OSHA) requires employers to:
- Provide a workplace free of "recognized safety hazards" that are likely to cause death or serious physical harm
- Tell you if you are working with hazardous materials
- Give you any special training necessary to do your job safely
- Keep records of all workplace injuries, deaths and any exposures to toxic or hazardous materials
As an employee, you are legally permitted, under OSHA, to question unsafe conditions at your workplace and to request inspections. You can also file a lawsuit asking the court to require your employer to fix unsafe conditions. By law, your employer can't retaliate against you for making these requests.
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 where injuries are likely to occur
- Equipment performance and maintenance
OSHA regulations also allow you to walk off the job if there is an "immediate and substantial danger." Make your own health and safety your top priority. If you're injured, make sure that the workers' comp claims processor knows your injury occurred because of a possible violation of state or OSHA safety laws. This may make you eligible for more .
If you feel unsafe in your workplace or if you are injured at work, talk to your supervisor about fixing potential hazards. If your supervisor doesn't respond promptly, put your concerns in writing and give them to your supervisor and other appropriate managers.
If the safety hazard remains, file a complaint with your local OSHA office. You can also file a complaint with any appropriate local or state government agency that may have jurisdiction over your particular safety concern. If OSHA sends out an inspector, you should cooperate with the inspector. OSHA can order your 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 ask a court to order your employer to follow OSHA standards for workplace safety.
Protection Against RetaliationOSHA laws protect you from being fired or disciplined if you've:
- Filed a complaint with OSHA about unsafe working conditions
- Talked with an OSHA inspector during an inspection
- Otherwise cooperated with an OSHA investigation
- Refused to work in conditions that were likely to cause your injury or death
Generally, you can't be fired or disciplined for refusing to do work if:
- A "reasonable person" in your position would conclude there's a real danger of injury or death
- You've complained to your employer and nothing has been done
- There's no time to go through the usual OSHA procedures
If you feel your employer has retaliated against you because you have reported safety violations, report your concerns to the Department of Labor and OSHA within 30 days of the retaliatory action to be protected under OSHA laws. If investigators determine that your firing or discipline was retaliatory, OSHA will require your employer to restore your lost benefits.
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