Checklist: OSHA Employer Obligations and Employee Rights
Employer obligations under OSHA
- Know how OSHA is enforced in your area.
- Be sure your reporting and recordkeeping is in compliance.
- Emphasize prevention in your safety program and training.
- Remain current with the standards that apply to your business.
- Periodically conduct a safety audit.
- Customize your safety and health plans and audits to your business.
Employee rights under OSHA
- Making safety complaints or initiating OSHA inspections
- Consulting with OSHA representatives during inspections
- Having an employee representative accompanying an inspector
- Instituting action in court in the event of imminent danger and OSHA's failure to act
- Testifying in an OSHA-related proceeding
- Accessing environmental sampling data and toxic substances monitoring
- Requesting and receiving notice of citations and penalties
- Requesting and receiving notice of all contested actions and proceedings
- Requesting and receiving notice of all variances and abatement periods
- Requesting health hazard evaluations
- Accessing Form 300
- Requesting that the employee's personal physician have access to the employee's medical records
- Refusing to work in dangerous conditions
- Having their rights posted in the workplace.
Employees cannot be discharged or discriminated against for exercising any right created by the Act or for filing complaints or instituting proceedings under or related to the Act. Those who may be liable for retaliation include employers, corporate officers, unions and employment agencies.
Reprinted with permission. © CCH
Employees cannot be discharged or discriminated against for exercising any right created by OSHA or for filing complaints or instituting proceedings.
Checklist: OSHA Employer Obligations and Employee Rights
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