Questions &
Answers About
Your Right to Work in a Safe Place
Q. What should I do if think my workplace is not safe?
A. Talk with your employer to try to get the problem fixed. Unless you believe you are in danger of dying or being seriously injured from a condition at your workplace, do not quit your job or cut back your hours before calling Statewide Legal Services for advice. If you are on state welfare and you stop working or cut back your hours, the Department of Social Services might wrongfully penalize you.
Federal and state laws protect your rights to a safe workplace. The federal law, the Occupational Safety and Health Act (OSHA) covers those who work for a private employer or the federal government. The Connecticut law, ConnOSHA, covers employees who work for the State, a city or a town.
Q. What are my employers responsibilities?
A.Your employer must:
give employees written procedures for keeping a safe workplace. These procedures include how to use and store hazardous chemicals, how to use dangerous machines, etc.
post a notice of any workplace violations found by an OSHA investigator
post the official OSHA poster on employee rights and responsibilities in the workplace
keep a list of toxic chemicals in work area
post a list of injuries and illnesses that happened in the workplace during the year.
Q. What are my rights as an employee?
A. You have the right to:
ask for information on safety and health hazards and ways to keep you safe at work
look at and copy records of exposure by employees to harmful materials and of records of injuries & illnesses at work, even after you leave employment
be informed by your employer if you are exposed to a harmful material in a higher amount than allowed by OSHA
ask for an OSHA inspection by filing a written complaint (see below)
as an employee, you may talk confidentially with an OSHA investigator during the inspection about your safety concerns. And, if you are a representative of your coworkers, you may also watch an OSHA inspection.
challenge the amount of time OSHA gives your employer to fix a violation.
Q. Can I lose my job if I complain to OSHA?
A. It is illegal for your employer to fire you or discriminate against you for making a complaint to OSHA or testifying about an OSHA violation. If you are fired or discriminated against, you must file a complaint with OSHA within 30 days. OSHA will investigate and if they find you are correct, they will ask your employer to give you back your job, and pay your lost wages and benefits.
Q. How do I make a complaint about a violation of OSHA?
A. Make a complaint by writing a letter to OSHA. (Call 1-800-OSHA to find out where to send it). Be specific and detailed in your letter. Give reasons why you think there is a violation of health or safety standards. You must sign your name, but you can ask that the copy given to your employer does not have your name on it. Although you may be able to phone in a complaint without giving your name, there is no guarantee the complaint will be investigated.
Q. Where can I get more information?
A. Call Statewide Legal Services (SLS) at 1-800-453-3320. Be sure to call SLS before you quit or cut your hours if you are on state welfare.
You can also call 1-800-321-OSHA or (TTY: 1-877-889-5627) for a free booklet on your rights. (The OSHA Regional office: JFK Building, Room E340, Boston MA 02203. 617-565-9860). On the web: www.osha.gov
This information is based on laws in CT as of 9/2008. It is not intended as legal advice for an individual situation; individuals should consult with a lawyer if possible. Produced by the Legal Assistance Resource Center of Connecticut. www.larcc.org