Employees have a right to a safe workplace, and employers have a duty to provide it to them. Employers also have a duty to provide employees with safety equipment and tools to complete their work. Accordingly, employers have a duty to inspect the workplace and equipment during reasonable intervals to check for any unsafe conditions.
Under the Occupational Safety and Health Act (OSHA), employers have specific responsibilities to their employees, including:
Employers also are required to post the OSHA poster, either from the federal office or if the employer operates in a state with its own state-level OSHA office, in a prominent location where employees will have access to it. Employers also must keep records of work-related accidents, injuries, and illnesses, and employees are able to request these records.
Under OSH Act, employers are prohibited from discriminating or taking retaliatory measures against employees who exercise their rights to a safe workplace, including requesting an employer fix a condition the employee feels is unreasonably safe or making a formal complaint to OSHA.
Employees also have certain rights under OSHA to ensure their right to a safe workplace is realized. These rights include:
If you feel your rights to a safe workplace have been comprised or your employer has discriminated against you for filing a complaint about an unsafe condition, contact an experienced employment law attorney for more information on the next steps to take.