Overview of OSH Act rights

Under 1977.1(a) the employer must provide each employee a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm and must comply with safety and health standards. See the requirement in 1977.1(a). Employers should:

• Identify and correct recognized hazards;
• Follow applicable OSHA standards and regulations; and
• Keep records and permit inspections as required by law (see 1977).

Under 1977.1(b) the Act authorizes adopting standards, conducting research, inspecting workplaces, and requiring recordkeeping to protect workers. See the description in 1977.1(b). Practical steps employers must expect include routine inspections and compliance with adopted standards found at 1977.

Under 1977.1(b) a State may operate its own OSHA program if it submits a plan to the Secretary of Labor showing its standards and enforcement are at least as effective as Federal OSHA standards. See the State plan provision in 1977.1(b). Employers in State Plan states should check the State's rules because some State plans may extend coverage beyond the federal rules (see also 1977).

Under 1977.1(c) employees and their representatives have substantive and procedural rights to participate in safety and health activities and to help implement the Act. See the employee rights in 1977.1(c). That participation can include reporting hazards, joining safety committees, raising concerns with employers, and cooperating during inspections (see also 1977).

Under 1977.1(d) Section 11(c) protects employees from reprisals of any kind for exercising rights under the Act, such as reporting hazards or participating in inspections. See the focus on Section 11(c) in 1977.1(d). If an employee believes they were retaliated against, they may file a complaint with OSHA and the agency will investigate (see 1977).

Under 1977.1(a) the Act applies to any person engaged in a business affecting commerce who has employees, even a single employee. See the coverage statement in 1977.1(a). For details on how OSHA defines "employer" and coverage exceptions you may consult 1975.

Under the volunteer applicability interpretation, OSHA generally views unpaid volunteers who receive no monetary or other compensation as not being "employees" covered by the Federal OSH Act. See the Letter of Interpretation "Applicability to volunteers" at https://www.osha.gov/laws-regs/standardinterpretations/2005-05-13. However, if an organization employs at least one paid worker, or State Plan rules differ, coverage can change, so check both the letter and applicable State rules (see 1977.1(a)).

Under the state hospital interpretation, an entity may be excluded from the definition of "employer" if it is a department or administrative arm of the State or is administered by individuals controlled by public officials, based on the tests in 29 CFR 1975.5. See the Letter of Interpretation "State hospital employer definition" at https://www.osha.gov/laws-regs/standardinterpretations/2001-08-27-0 and the regulatory tests in 1975. The determination depends on the specific facts such as appointment, control, powers, and legal status.

Under the interpretation of 1975.6, household tasks performed in a private residence—such as cleaning, cooking, or caring for elderly household members—are generally exempt from the OSH Act when the worker is privately employed by the homeowner. See the Letter of Interpretation "Coverage for elderly care" at https://www.osha.gov/laws-regs/standardinterpretations/2001-02-21 and consult 1975 for details. Employers and workers should still check State laws and whether the work is considered employment or household activity.

Under the Field Sanitation Standard interpretation, an entity that recruits and supervises agricultural workers may be treated as a joint employer and thus responsible for compliance with the standard. See the Letter of Interpretation "Field Sanitation Standard applicability" at https://www.osha.gov/laws-regs/standardinterpretations/1994-04-25-0 and consult 1977.1(b) on agency authority. Factors include recruitment, supervision, and control over working conditions.

Under the reservation jurisdiction interpretation, OSHA has authority over employees working on Indian reservations and those workers are entitled to the same protections under the OSH Act as other private-sector employees. See the Letter of Interpretation "OSHA jurisdiction on reservations" at https://www.osha.gov/laws-regs/standardinterpretations/1993-03-25-0 and review coverage rules in 1975.

Under OSHA's refusal-to-work guidance, a work refusal is protected only if it meets the stringent conditions listed in Section 12(b)(2) of the regulations, and normally leaving the workplace or walking off the job removes protection. See the Letter of Interpretation "Work refusal and OSH Act protections" at https://www.osha.gov/laws-regs/standardinterpretations/1983-07-11-1 and consult 1977 for the regulatory text. Practical advice: report the hazard to your employer, stay on site if safe while the situation is addressed, and follow the procedures in the regulation to preserve protection.

Under 1977.1(a) employers must address "recognized hazards that are causing or likely to cause death or serious physical harm." See the hazard trigger language in 1977.1(a). That means hazards must be corrected if they are known or should be known (recognized) and they present a serious risk of death or major injury.

Under 1977.1(b) the Act provides for inspections, enforcement actions by the Department of Labor, review proceedings before the Occupational Safety and Health Review Commission, and judicial review. See the procedural overview in 1977.1(b) and the broader regulatory framework at 1977. Employers should expect inspection, citation, and an opportunity for contest before the independent Review Commission.

Under 1977.1(c) effective implementation depends on active, orderly employee participation at every level of safety and health activity, so employers should involve employees in hazard identification, safety committees, training, and incident investigations. See the participation language in 1977.1(c). Practical steps: hold regular safety meetings, solicit hazard reports, and include employee representatives in safety planning.