Worker Rights During OSHA Inspections

The Occupational Safety and Health Act of 1970 gave employees many new rights and responsibilities in the interest of working together with employers to promote a safer work environment. To help employees and employers understand what those rights and responsibilities, the Occupational Safety and Health Administration (OSHA) printed Publication 3021, Employee Workplace Rights. One of the key employee rights involves what they are allowed and encouraged to do during an OSHA safety and health inspection.

Right to Representation

• During an OSHA inspection, employees have the right to have a representative accompany the inspector. If the employees are unionized, it is typical for a union representative to serve this purpose. If several unions are involved, a representative from each one normally accompanies the OSHA inspector.

Right to Help the Inspector

• Whether an employee representative is present or not, employees have the right to speak with the OSHA inspector in private. He can give the inspector information on observed hazards and injuries or illnesses that resulted from the hazards. As part of whistle blower protection, workers have the responsibility to report if conditions during the inspection are different from the norm.

Rights to Information Following the Inspection

• When the inspection is complete, the OSHA inspector provides an out-briefing to both the employer and the employee representatives. During this out-briefing, all the findings are discussed. If any findings require correction, the inspector will inform both parties of the time frame for the required abatement.

Right to Challenge the Abatement Period

• Once the OSHA inspector has determined the abatement period, the employees have the right to challenge it. Typically, the challenge is for a shorter abatement period. This challenge has to be in writing and has to be filed with OSHA within 15 business days of the inspection. A review commission outside OSHA determines whether or not to change the time period.

Right to Information if no Inspection is Conducted or Citation Issued

• When an employee sends a complaint to OSHA, and it is determined there is no need for an inspection, the employee has the right to appeal that decision. As part of this appeal process, the OSHA area director will provide specific information on why the complaint does not warrant a site visit. Similarly, if an inspection does not result in a citation or an abatement requirement, employees can appeal that decision.