Most OSHA content is written for employers. This guide is for workers. The rights described here come from the Occupational Safety and Health Act of 1970 and related regulations. They apply to most private-sector workers in the United States regardless of immigration status, employment type, or union membership.
The Right to a Safe Workplace
Section 5(a)(1) of the OSH Act — the General Duty Clause — requires employers to provide a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm. This is the foundation of OSHA law. It means your employer is legally obligated to identify hazards in your workplace and address them — not just those covered by specific OSHA standards, but any recognized serious hazard.
What this means in practice: if your employer knows about a hazard and doesn't fix it, that's a potential OSHA violation. Workers don't have to prove the employer was negligent — only that the hazard was recognized (either by the industry or by the employer) and that a feasible means of abatement existed.
The Right to Information
Hazard Communication — the Right to Know
If your work involves hazardous chemicals, your employer must tell you what they are, what risks they carry, and how to protect yourself. Specifically:
- Your employer must maintain a Safety Data Sheet (SDS) for every hazardous chemical in the workplace and make them accessible to you during your shift — without having to ask a supervisor first
- Every container of hazardous chemicals must be labeled with the product name and hazard warnings
- Your employer must train you on the chemicals you work with before you start that work
If you can't access an SDS for a chemical you work with, that's a violation you can report to OSHA.
Access to your injury and illness records
If your employer is required to keep OSHA injury and illness logs (Forms 300, 300A, and 301), you have the right to access the Form 300 log for any establishment where you work or have worked. Your employer must provide a copy within 4 business hours of your request. Current employees, former employees, and their representatives all have this right.
The Form 300 log contains the names of injured workers and descriptions of injuries unless the case qualifies for privacy protection — certain sensitive injuries are listed as "privacy case" with the name withheld. The Form 300A summary, which is posted publicly February through April each year, shows aggregate counts without individual names.
OSHA standards and citations
You have the right to review any OSHA standards, rules, regulations, and requirements that apply to your workplace. If your employer receives an OSHA citation, it must be posted at or near the location of the cited violation for three working days or until the violation is corrected — whichever is longer. You have the right to see citations your employer has received.
The Right to File an OSHA Complaint
Any worker can file a complaint with OSHA about unsafe or unhealthy working conditions. Complaints can be filed online at OSHA.gov, by phone at 1-800-321-OSHA, by mail, or in person at any OSHA area office.
Anonymous complaints
You can file a complaint without giving your name. OSHA does not require complainants to identify themselves. If you do provide your name, you can request that OSHA keep it confidential — OSHA will not disclose your identity to your employer without your consent in most circumstances. Formal written complaints that request an inspection and are signed by a worker or their representative get priority response over informal complaints or those submitted online without a signature.
What happens after a complaint
OSHA evaluates complaints and determines the response. Complaints alleging imminent danger or serious hazards typically receive a field inspection. Less serious complaints may result in a letter to the employer requesting a response. OSHA will notify you of its determination and, if you're a formal complainant, of the results of any inspection. You can request informal review of OSHA's decision not to inspect.
Protection from Retaliation
Section 11(c) of the OSH Act prohibits employers from retaliating against workers for exercising their OSHA rights. Covered activities include:
- Filing an OSHA complaint
- Reporting a work-related injury or illness
- Participating in an OSHA inspection or proceeding
- Refusing to perform work you reasonably believe poses imminent danger
- Talking to OSHA inspectors
- Exercising any right provided under the OSH Act
Retaliation includes termination, demotion, pay reduction, schedule changes intended to punish, reassignment to worse conditions, threats, and harassment. It doesn't have to be explicit — circumstantial evidence that adverse action followed protected activity is enough to open an investigation.
How to file a retaliation complaint
Retaliation complaints under Section 11(c) must be filed with OSHA within 30 days of the retaliatory action. This deadline is strict — missing it typically bars the claim. File by contacting your nearest OSHA area office, calling 1-800-321-OSHA, or submitting online at OSHA.gov.
If OSHA finds merit in your complaint, it can seek reinstatement, back pay, and other remedies on your behalf through the Department of Labor. If OSHA doesn't act to your satisfaction, you can pursue the claim in federal court.
OSHA also administers whistleblower protection statutes beyond the OSH Act — covering workers in transportation, environment, financial services, food safety, and other sectors. If you work in one of these industries and face retaliation for safety or regulatory reporting, additional protections may apply.
The Right to Refuse Dangerous Work
Workers have a limited right to refuse work they believe presents imminent danger of death or serious injury. This right comes from OSHA regulations (29 CFR 1977.12) and has been upheld in court, but it comes with conditions. To be protected, all of the following generally must apply:
- You asked your employer to correct the hazard and they refused
- You genuinely believed the hazard posed imminent danger of death or serious injury
- A reasonable person in your situation would have believed the same
- There wasn't enough time to eliminate the hazard through normal enforcement channels (i.e., the danger was genuinely imminent)
The right to refuse work does not mean you can refuse any task you feel is uncomfortable or risky. It applies specifically to situations of imminent danger where the immediate threat cannot be addressed through normal channels. If the conditions are met, you have the right to refuse the specific task — not to leave the workplace entirely — and you cannot be discharged or disciplined for doing so.
If you're in a situation of potential imminent danger, the most protective steps are: tell your supervisor clearly that you believe the condition is imminently dangerous, document the conversation, and contact OSHA immediately.
The Right to Participate in OSHA Inspections
When OSHA inspects a workplace, workers have specific rights in that process:
- A worker representative may accompany the OSHA inspector during the physical inspection of the workplace
- Workers may talk privately with the OSHA inspector during the inspection
- Workers may point out hazards and provide information to the inspector
- Workers may respond to OSHA questions without the employer present
After an inspection, workers and their representatives may formally object to the time OSHA allows for an employer to correct violations, participate in meetings between OSHA and the employer, and request informal review of OSHA's decisions.
What OSHA Cannot Do for You
It's worth being clear about what OSHA's jurisdiction doesn't cover, because workers sometimes file complaints expecting outcomes OSHA can't deliver.
OSHA cannot: resolve individual employment disputes, force an employer to reinstate a fired worker (without a formal Section 11(c) finding), set or enforce wage rates, address general workplace unfairness that doesn't involve a safety or health hazard, or guarantee that every complaint results in an inspection.
OSHA also cannot act immediately in all cases. The agency has limited inspection resources and prioritizes based on severity. Imminent danger situations get fastest response; lesser hazards may take longer or result in informal resolution.
Additional Resources
OSHA's worker rights page at osha.gov/workers provides additional information in multiple languages. Workers who are union members should also consult their union representative — unions often have safety and health staff and can assist with filing complaints or representing workers during inspections.
Workers in states with OSHA-approved State Plans have the same rights under their state's program, and some state plans provide additional protections. See our state-by-state guide for your state's specific program.