Introduction to OSHA

An overview of the Occupational Safety and Health Act/Administration Offered byFarmworker Legal Services of New York, Inc.ThroughOSHA Susan Harwood Capacity Building Training GrantOverview of OSHAThis material was produced under grant #SH20827SH0 from the Occupational Safety and Health Administration, U.S. Department of Labor. It does not necessarily reflect the views or policies of the U.S. Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.What is OSHA?The Occupational Safety & Health ActSigned into law in 1970To set standards for safe jobsTo enforce those standardsTo protect workers from employers who violate the standards and the OSH law

Rights Under OSHAAs a worker in the United States, you are entitled to:Be safe in your workplaceKnow if you are exposed to hazardsReceive training, in a language you understand, so you can work safelyExpect your employer to correct workplace hazards File a complaint with OSHA about workplace hazardsBe free from retaliation if you exercise these rightsSee: http://www.osha.gov/workers.html for more infoWhile many life activities, including work, involve some degree of risk, OSHA requires employers to minimize the risk of encountering a hazard while on the job. So, while working on a ladder, for example, may put you at risk for falling, your employer is obligated by law to provide you with a safe ladder, used in safe conditions, if ladder work is necessary in order for you to perform your job.3Your Employer MustKeep hazards out of the workplace whenever possibleProvide training so you can do your job safelyKeep records of work-related injuries & illnessesProvide medical exams in some circumstancesProvide you with access to your medical recordsProvide personal protective equipment if its needed in order to do your job safely

and cannot charge you for any of these.

Your Employer MustHave a hazard communication program, in a language understandable to you, that provides you with information about all hazardous chemical agents you are required to handle as part of your job; Train you in the proper and safe use of chemicals you must use for your job;Provide written information, usually called a Material Safety Data Sheet (MSDS), that contains the following:

MSDS InformationThe identity used on the label and its chemical and common name(s);Characteristics of the hazardous chemical including the potential for fire, explosion, and reactivity;The health hazards of the chemical, including signs and symptoms of exposure, and any medical conditions which are generally recognized as being aggravated by exposure to the chemical;The primary route(s) of entry (e.g. skin absorption, inhalation, ingestion);

MSDS InformationThe OSHA permissible exposure limit;Whether the chemical has been found to be a potential carcinogen;Any generally applicable precautions for safe handling and use including appropriate hygienic practices, protective measures during repair and maintenance of contaminated equipment, and procedures for clean-up of spills and leaks;

MSDS InformationAny generally applicable control measures such as appropriate engineering controls, work practices, or personal protective equipment;Emergency and first aid procedures;The date of preparation of the MSDS or the last change to it; and,The name, address and telephone number of the chemical manufacturer, importer, employer or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary.

You, the Worker, CanLearn how to work with necessary hazards safely (e.g. lifting safely, avoiding heat exhaustion, using equipment properly) by attending sessions offered by FLSNY, looking at the OSHA website (www.osha.gov), or contacting OSHA directlyAsk your employer to train you how to safely use any machinery that is necessary for you to perform your jobNotify OSHA if you see hazards that your employer refuses to correctYou May Need TrainingYou and your co-workers may need training in order to do your job safelyIt is in your employers best interests, as well as in your best interests, to have trained workers on the jobIf you do not know how to do your job safely, and your employer has refused to provide you with training, contact OSHAIf You See a Workplace HazardThe law allows you to tell your employer about health or safety hazards on the job without fear of retaliation (being fired, being re-assigned, etc)If you believe your employer has retaliated against you for complaining, contact OSHA within 30 days of the retaliationComplaining to OSHAYou can file a complaint with OSHA if you believe your workplace is dangerous to your health or safetyOSHA will not reveal your identity to any employersYou can ask OSHA to let you know what action they have taken on your complaintIf you file an OSHA complaint and do not include your name, your complaint (informal) is still treated with respect and OSHA will contact the employer. If you include your name and contact information, OSHA will NOT reveal your identity to the employer, but will have the ability to contact you to let you know what happened with your complaint.12OSHA InspectionsIf an OSHA inspector comes to your workplace, you can ask that a worker representative accompany the inspectorYou can talk privately to the inspectorYou can tell the inspector about any hazards you have seen, or about accidents you are aware ofYou can ask OSHA to tell you what happens as a result of their inspectionFiling an OSHA ComplaintSee OSHA complaint form (handout)

http://www.osha.gov/as/opa/worker/complain.html website tells how to file a complaint in Spanish and EnglishIf You File a ComplaintYour employer is NOT permitted to take action against you thats the law!If you believe your employer has retaliated against you, you must contact OSHA within 30 days of the retaliatory actionContacting OSHAIf you are working in Wayne or Ontario County, contact OSHA at:Syracuse Area Office3300 Vickery RoadNorth Syracuse, New York 13212(315) 451-0808 PHONE(315) 451-1351 FAXIf working in Monroe County /Western New York State:Buffalo Area OfficeU. S. Dept. of Labor/OSHA130 S. Elmwood Avenue, Suite 500Buffalo, NY 14202-2465(716) 551-3053(716) 551-3126 FAX