HEALTH AND WORKPLACE - AN NEA MEMBER BENEFITS LIFE PLANNING RESOURCE

Health and Safety:
Frequently Asked Questions

Over the past 20 years, workers have pushed strongly for laws to protect their health and safety on the job. And they have been somewhat successful. Several laws now establish basic safety standards aimed at reducing the number of illnesses, injuries and deaths in workplaces. Because most workplace safety laws rely for their effectiveness on employees who are willing to report job hazards, most laws also prevent employers from firing or discriminating against employees who report unsafe conditions to proper authorities.

Do I have any legal rights if I feel that my workplace is unsafe or unhealthy?

The main federal law covering threats to workplace safety is the Occupational Safety and Health Act of 1970 (OSHA). OSHA requires employers to provide a workplace that is free of dangers that could physically harm employees.

The law quite simply requires that your employer protect you from "recognized hazards" in the workplace. It does not specify or limit the types of dangers covered--it includes everything from equipment that might cause a serious cut or bruise to the unhealthy effects of long-term exposure to radiation, chemicals or airborne pollutants.

Basically, to prove an OSHA violation, you must produce evidence that:

your employer failed to keep the workplace free of a hazard, and
the particular hazard was recognized as being likely to cause death or serious physical injury.

Nearly half the states now have their own OSHA laws, most of which offer protections similar to the federal law. State laws typically concentrate on protecting workers who complain about safety violations from being demoted or fired. A few states, including California, require all employers to fashion workplace safety plans. And Texas, big in its approach to most everything, has instituted a 24-hour hotline to receive complaints; the state prohibits employers from discriminating against those who call in.

How do I take steps to assert my rights to a safe workplace?

If you feel that your workplace is unsafe, your first action should be to make your supervisor aware of the danger. If your employer doesn't take prompt action, follow up in writing. Then, if you are still unsuccessful in getting your company to correct the safety hazard, you can file a complaint at the nearest OSHA office. Look under the U.S. Labor Department in the federal government section of your local telephone directory.

What steps should I take if I'm injured at work?

If you have been injured at work by a hazard that should be eliminated before it injures someone else, take the following steps as quickly as possible after obtaining the proper medical treatment.

Immediately file a claim for workers' compensation benefits so that your medical bills will be paid and you will be compensated for your lost wages and injury. In some states, the amount you receive from a workers' comp claim will be larger if a violation of a state workplace safety law contributed to your injury.
Point out to your employer that a continuing hazard or dangerous condition exists. As with most workplace safety complaints, the odds of getting action will be greater if other employees join in your complaint.
If your employer does not eliminate the hazard promptly, file a complaint with OSHA and any state or local agency that you think may be able to help. For example, if your complaint is about hazardous waste disposal, you may be able to track down a specific local group that has been successful in investigating similar complaints in the past.

Does OSHA protect against the harmful effects of tobacco smoke in the workplace?

OSHA rules apply to tobacco smoke only in rare and extreme circumstances, such as when contaminants created by a manufacturing process combine with tobacco smoke to create a dangerous workplace air supply that fails OSHA standards. Workplace air quality standards and measurement techniques are so technical that typically only OSHA agents or consultants who specialize in environmental testing are able to determine when the air quality falls below allowable limits.

If OSHA won't protect me from second-hand tobacco smoke at work, is there anything I can do to limit or avoid exposure?

If your health problems are severely aggravated by co-workers' smoking, there are a number of steps you can take.

Check local and state laws. A growing number of local and state laws prohibit smoking in the workplace. Most of them also set out specific procedures for pursuing complaints. Your state's labor or employment department should have up-to-date information about these. If you can't find local laws that prohibit smoking in workplaces, check with a national nonsmokers' rights group, such as Americans for Nonsmokers Rights, 2530 San Pablo Avenue, Suite J, Berkeley, CA 94702, (510) 841-3032.
Ask your employer for an accommodation. Successful accommodations to smoke-sensitive workers have included installing additional ventilation systems, restricting smoking areas to outside or special rooms and segregating smokers and nonsmokers.
Consider filing a federal complaint. Most claims for injuries caused by secondhand smoke in the workplace are pressed and processed under the Americans With Disabilities Act. In the strongest complaints, workers proved that smoke sensitivity rendered them disabled in that they were unable to perform a major life activity: breathing freely.
Consider income replacement programs. If you are unable to work out a plan to resolve a serious problem with workplace smoke, you may be forced to leave the workplace. But you may qualify for workers' compensation or unemployment insurance benefits.