Employee responsibilities and rights

Employees must follow the agency standards, rules, regulations, and orders that apply to their own actions and conduct. See 1960.10(a) which directs employees to comply with agency-issued occupational safety and health requirements.

• This is an individual responsibility: employees are expected to obey applicable agency policies while performing their duties.
• If you are unsure whether a rule applies to a task, ask a supervisor or the agency safety official for clarification.

Yes — employees must use the safety equipment, personal protective equipment, and other devices or procedures their agency provides or directs when those items are necessary for protection. This requirement is stated in 1960.10(b).

• If PPE is required for a task, you should wear and use it as trained and directed.
• If PPE is damaged, missing, or does not fit properly, notify your supervisor so the agency can replace or adjust it.

Yes — employees have the right to report unsafe and unhealthful working conditions to appropriate officials. That right is provided by 1960.10(c).

• Reporting should be to the agency safety official or other designated contact. Agencies must provide a mechanism for reporting hazards.
• For reporting work-related injuries and illnesses and protections from retaliation, see the interim enforcement guidance in the recordkeeping memorandum about 29 CFR 1904.35.

Yes — employees shall be authorized official time to participate in activities provided for by Section 19 of the OSH Act, Executive Order 12196, 29 CFR Part 1960, and the agency occupational safety and health program, as stated in 1960.10(d).

• Examples include training, safety inspections, safety committee meetings, and other program activities required by the agency.
• If you are denied time to participate in required OSH activities, raise the issue with your safety officer or supervisor.

Employees have the right to report unsafe conditions under 1960.10(c), and protections against retaliation for reporting injuries and illnesses are addressed in OSHA recordkeeping and enforcement guidance. See the November 10, 2016 recordkeeping enforcement memorandum which explains the prohibition on retaliation for reporting work-related injuries and illnesses under 29 CFR 1904.35.

• If you believe you were disciplined or retaliated against for reporting a hazard or injury, you can raise it through your agency’s procedures and, where applicable, seek assistance from OSHA or the Whistleblower Protection Program per the referenced guidance.

Employees are required to comply with applicable agency safety rules and to use required safety equipment and PPE, so refusal is not permitted simply because of discomfort; see 1960.10(a) and 1960.10(b).

• If PPE is uncomfortable or unsafe (e.g., poor fit or damaged), report the issue immediately so the agency can provide appropriate replacement, fit testing, or alternatives.
• Agencies are responsible for providing functioning PPE and for addressing problems that prevent safe use; see the agency obligations discussed in the lockout/tagout interpretation, which references agency responsibilities (https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03).

Civilian contractor employees performing work on federal facilities are generally covered by OSHA standards when their work is not uniquely military; OSHA retains jurisdiction over civilian employees and contractor staff working on non-unique military systems or civilian portions of federal workplaces, as explained in the oxygen-deficient atmospheres interpretation (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16) and in 29 CFR Part 1960 (https://www.osha.gov/laws-regs/regulations/standardnumber/1960).

• If you are a contractor employee, your worksite protections and required practices are governed by the applicable OSHA standards unless the activity is uniquely military.
• When in doubt about coverage, consult your contracting officer or agency safety official.

Military personnel and uniquely military equipment, systems, and operations are excluded from OSHA coverage; OSHA explains this distinction in its oxygen-deficient atmospheres interpretation. However, 29 CFR Part 1960 and Executive Order 12196 apply to federal civilian employees and to agency programs for those employees (1960).

• Civilian federal employees are covered by Part 1960 requirements; military personnel are typically covered by separate military safety systems.

Yes — if the agency has determined PPE or safety equipment is necessary for protection during a specific task, employees must use it even when the task is a collateral duty; this follows 1960.10(b).

• For example, a collateral first-aid responder must use appropriate protective equipment if the agency requires it for the response.
• If PPE for that collateral duty isn't provided or is unsuitable, inform your supervisor so the agency can address the gap.

Employees should be given official time to participate in activities required by Section 19 of the OSH Act, Executive Order 12196, 29 CFR Part 1960, and the agency’s OSH program, such as training, safety inspections, safety committee duties, and other program implementation activities, per 1960.10(d).

• Typical examples include mandated safety training, committee meetings, workplace inspections, and incident investigations.
• If a required activity conflicts with your regular duties, agencies are expected to authorize official time so you can participate.

An agency may apply an alternate standard where deemed necessary under 29 CFR 1960.17, but it must request and receive the Secretary of Labor’s approval before implementing the alternate standard; see the discussion in the hexavalent chromium letter of interpretation (https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19) and general Part 1960 information (https://www.osha.gov/laws-regs/regulations/standardnumber/1960).

• Until an approved alternate standard is in effect, employees must follow the applicable OSHA and agency requirements.
• The 2019 interpretation notes that performance-based sampling methods may be acceptable if they meet OSHA accuracy requirements.

Yes — employees have the right to report unsafe conditions under 1960.10(c), and OSHA’s enforcement guidance for recordkeeping (29 CFR 1904.35) emphasizes that employers must establish and inform employees of a reasonable procedure for reporting work‑related injuries and illnesses (see https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10).

• Agencies should provide clear reporting channels and inform employees how to use them.
• Employees should document reports (date/time/person notified) if possible.

Yes — when civilian federal employees are covered by OSHA (i.e., not uniquely military operations), they are subject to OSHA’s Respiratory Protection Standard and the requirements that apply to oxygen‑deficient atmospheres; see the oxygen-deficient atmospheres interpretation (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16) and 1960.10(a).

• OSHA notes that oxygen-deficient atmospheres are considered IDLH in 29 CFR 1910.134 and that civilian employees must be protected accordingly.
• Agencies should apply OSHA respiratory protection elements (fit testing, training, selection) for covered civilian employees.

Agencies are responsible for providing and ensuring the availability and suitability of safety equipment and PPE; employees are required to use the gear as directed under 1960.10(b). Agency program responsibilities are discussed in other interpretations that reference agency obligations to provide safe workplaces (for example, the lockout/tagout interpretation referencing agency duties: https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03).

• If PPE is defective, missing, or does not fit, employees should report it immediately so the agency can repair or replace it.
• Agencies must ensure equipment is maintained in a condition that protects employees.

Yes — employees may report concerns about workplace monitoring and industrial hygiene practices under 1960.10(c). OSHA’s hexavalent chromium interpretation (https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19) explains that employers may use alternative monitoring methods if they meet OSHA’s performance requirements, and employees or safety officials can raise questions about sampling accuracy.

• If you believe sampling methods are inadequate, report it so the agency can review the methods and confirm they meet OSHA accuracy requirements.
• Agencies must ensure monitoring and analysis meet applicable standards or approved alternate methods.

Yes — official time authorized under 1960.10(d) covers participation in activities required by the agency’s OSH program, which generally includes required medical surveillance such as audiometric testing. OSHA’s hearing conservation guidance (https://www.osha.gov/laws-regs/standardinterpretations/2013-03-11-0) discusses audiometric procedures and federal agency program considerations.

• Employees required to take medical surveillance tests as part of the safety program should be given time to do so.
• If scheduling conflicts arise, coordinate with your supervisor or safety office to arrange official time.

Yes — federal agencies may provide protections that are equivalent to or more stringent than OSHA standards. OSHA’s window-cleaning/ANSI interpretation explains that agencies may provide equivalent or more stringent protection and that ANSI standards can inform agency practices (https://www.osha.gov/laws-regs/standardinterpretations/2005-03-28-0); agency obligations to provide workplaces free of recognized hazards are reflected in Part 1960 (1960).

• If an agency’s rule is more protective than a federal OSHA standard, employees must follow the agency’s higher standard.
• Employers can refer to industry consensus (ANSI) as a means of showing recognized hazard controls when OSHA standards do not directly address a hazard.

Yes — because 1960.10(a) requires employees to comply with agency standards and rules applicable to their conduct, agencies may impose appropriate discipline under their internal policies for failure to comply.

• Agencies should apply discipline consistently and in line with their personnel and OSH policies.
• If discipline seems to be retaliation for reporting hazards, employees should raise the issue through internal procedures and may seek guidance under the recordkeeping/anti-retaliation enforcement guidance (https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10).

Yes — civilian contractor employees working on federal projects that are not uniquely military are generally covered by OSHA and have the right to report unsafe conditions under 1960.10(c); OSHA’s oxygen-deficient atmospheres interpretation clarifies that civilian employees and contractors performing non-unique military or civilian work are within OSHA jurisdiction (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).

• Contractors should use the reporting channels provided by the contracting agency or their own employer, and may also report hazards to OSHA where appropriate.
• Contract employees should document their reports to ensure they have a record of raising the concern.

No — the lockout/tagout interpretation explains that servicing cord-and-plug-connected equipment that is isolated by unplugging and keeping the plug under the exclusive control of the employee is excepted from 29 CFR 1910.147 and does not require the worker to be an "authorized employee" under that standard (see https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03). Employees still must use required safety equipment and PPE under 1960.10(b).

• The exception applies when unplugging and exclusive control of the plug eliminate exposure to unexpected energization.
• Even when an activity is excepted from 1910.147, the agency must still control hazards under its overall OSH program (see agency obligations referenced in the same interpretation).

Yes — employees can report unsafe conditions related to bloodborne pathogens under 1960.10(c). OSHA’s guidance about hepatitis B vaccination for first aiders indicates that employees with occupational exposure are covered by the Bloodborne Pathogens Standard and that certain enforcement policies address collateral first‑aid duties (see https://www.osha.gov/laws-regs/standardinterpretations/2000-11-01).

• If you are a designated first-aid responder with potential exposure, report if vaccination, training, or protective equipment is not provided as required.
• Agencies must follow the Bloodborne Pathogens Standard for employees with occupational exposure and document their procedures.

Yes — employees have the right to report unsafe conditions at any workplace covered by their agency under 1960.10(c). OSHA’s interpretation on exposure control plans for multiple facilities explains that agencies must provide written plans and address workplace-specific exposures at each facility (see https://www.osha.gov/laws-regs/standardinterpretations/2011-12-13).

• Each facility should have procedures and points of contact for reporting hazards.
• If reporting channels differ by facility, your agency must inform employees of the appropriate procedure at each workplace.