Your Rights Under OSHA
What every worker is entitled to, how to report hazards, and what protections exist against retaliation. Data from OSHA enforcement records and the DOL Wage and Hour Division, covering workplace safety and wage violations across all 50 states; see our methodology.
Key Takeaway
Every worker covered by the OSH Act has the right to a safe workplace, the right to report hazards without retaliation, and the right to access OSHA inspection records. You can file anonymous complaints, request inspections, and refuse imminently dangerous work. Employers cannot legally punish you for exercising these rights.
The Right to a Safe Workplace
The Occupational Safety and Health Act of 1970 guarantees that every worker in the United States has the right to a workplace free from recognized hazards that could cause death or serious physical harm. This is known as the "General Duty Clause" (Section 5(a)(1)) and applies to every employer covered by the Act.
In practical terms, this means your employer must identify hazards in your workplace, provide training on those hazards, supply required personal protective equipment (PPE) at no cost to you, and comply with all applicable OSHA standards. If a specific OSHA standard exists for a hazard — like fall protection in construction or machine guarding in manufacturing — your employer must follow it.
You can look up any employer's OSHA inspection history on PlainWorker. Visit the employers directory to search by company name.
Your Core OSHA Rights
The OSH Act grants workers specific, enforceable rights:
| Right | What It Means |
|---|---|
| Report hazards | File complaints with OSHA about unsafe conditions, anonymously if desired |
| Request inspections | Ask OSHA to inspect your workplace if you believe violations exist |
| Access records | View your employer's injury/illness logs (OSHA 300 Log) and your own medical records |
| Receive training | Get training on workplace hazards in a language you understand |
| Free PPE | Receive required personal protective equipment at no cost |
| Refuse dangerous work | Refuse tasks posing imminent danger (under specific conditions) |
| Anti-retaliation | Protection from punishment for exercising any safety right |
How to File an OSHA Complaint
You have three options for filing a safety complaint:
- Online: Visit osha.gov/workers/file-complaint to submit electronically. This is the fastest method.
- Phone: Call 1-800-321-OSHA (1-800-321-6742). Available in English and Spanish.
- In person: Visit your nearest OSHA area office. Find locations at osha.gov/contactus.
Signed complaints are more likely to trigger an on-site inspection. Anonymous complaints may be handled by phone or letter. Either way, OSHA is required to respond. Include as much detail as possible: the specific hazard, where it is located, how long it has existed, how many workers are exposed, and any steps you have already taken to report it internally.
Whistleblower Protections
Section 11(c) of the OSH Act makes it illegal for employers to retaliate against workers who exercise their safety rights. Retaliation includes firing, demotion, pay cuts, reduced hours, reassignment, intimidation, or any other adverse action.
If you believe your employer has retaliated against you, you must file a complaint with OSHA within 30 days of the retaliatory action. OSHA will investigate and can order your employer to reinstate you with back pay, restore seniority, and pay compensatory damages. If OSHA finds merit but cannot resolve the case, you may have the right to file a federal lawsuit.
Check the rankings page to see which employers have the most violations — patterns of citations often correlate with workplaces where safety concerns go unaddressed.
Using PlainWorker to Research Employers
Before accepting a job or if you have concerns about your current employer, PlainWorker provides several ways to evaluate workplace safety:
- Search the employers directory for your company's complete OSHA inspection history
- Check industry pages to see how your sector compares to others
- View state-level data to understand regional enforcement patterns
- Review repeat violators to identify employers with persistent safety problems
Who Is NOT Covered by OSHA
While the OSH Act covers most private-sector workers, some groups are excluded or covered differently:
- Self-employed individuals — no employees means no OSHA coverage
- Family farm workers — farms employing only family members are exempt
- State/local government workers — covered only in states with OSHA-approved state plans (28 states)
- Federal employees — covered by Executive Order, with federal agencies running their own safety programs
- Industries regulated by other agencies — mining (MSHA), nuclear (NRC), and some transportation workers have separate safety regulators
If you are unsure whether your workplace falls under OSHA jurisdiction, the easiest check is to look up your employer on PlainWorker. If OSHA inspection records exist for that employer, the workplace is covered. You can also call OSHA directly at 1-800-321-6742 to ask about coverage for your specific situation.
State Plans vs. Federal OSHA
How state plans work
The OSH Act allows states to run their own occupational safety and health programs, provided they are "at least as effective" as federal OSHA standards. Currently, 28 states and territories operate approved state plans. In these states, the state agency (not federal OSHA) conducts inspections and enforces standards.
What this means for workers
Your rights remain the same regardless of whether your state has its own plan. You can still file complaints, request inspections, and are protected from retaliation. The main difference is which agency handles your complaint. State-plan states sometimes have additional standards beyond federal requirements — for example, California's Cal/OSHA enforces heat illness prevention rules that are stricter than federal standards in certain industries.
Frequently Asked Questions
Can my employer fire me for filing an OSHA complaint?
No. Section 11(c) of the OSH Act prohibits employers from retaliating against workers who exercise their safety rights. This includes firing, demotion, transfer, reduction in hours, or any other adverse action. If you believe you have been retaliated against, you must file a complaint with OSHA within 30 days of the retaliatory action. OSHA investigates these complaints and can order reinstatement with back pay.
Do I have to give my name when filing an OSHA complaint?
No. You can file an anonymous complaint. However, signed complaints are more likely to trigger an on-site inspection. Anonymous complaints may result in a phone or letter investigation instead. OSHA does not reveal the identity of complainants to employers, even for signed complaints, unless you authorize them to do so.
Can I refuse to do dangerous work?
Under limited circumstances, yes. You can refuse a task if you believe in good faith that it poses an imminent danger of death or serious physical harm, there is not enough time to have the hazard corrected through normal channels (like filing a complaint), and you have asked your employer to correct the danger. You must have no reasonable alternative. This is a narrow protection — it does not apply to ordinary workplace hazards.
Does OSHA protect independent contractors?
Generally no. The OSH Act covers employees, not independent contractors. However, misclassification is common — if you are treated as an employee (the employer controls how and when you work), you may have OSHA protections regardless of your job title. Additionally, on multi-employer worksites like construction, the controlling employer has safety obligations toward all workers on site.
What should I do if I see a safety violation at work?
First, report it to your employer or supervisor. Many violations are corrected once management is aware. If your employer ignores the hazard or retaliates, file a complaint with OSHA online at osha.gov, by phone at 1-800-321-OSHA, or in person at your nearest OSHA office. Document the hazard with photos, dates, and descriptions. Keep copies of any written reports you make to your employer.
Are small businesses exempt from OSHA?
Partially. Businesses with 10 or fewer employees are exempt from routine OSHA recordkeeping requirements (maintaining injury logs). However, they are NOT exempt from OSHA safety standards or inspections. All employers covered by the OSH Act must provide a workplace free from recognized hazards, regardless of size. Certain high-hazard industries must maintain records regardless of employee count.
Sources
- Occupational Safety and Health Act of 1970 (29 U.S.C. §651 et seq.)
- OSHA Workers' Rights Guide (OSHA 3021)
- U.S. Department of Labor — OSHA Whistleblower Protection Program
Last updated: March 2026
This content is for informational purposes only and does not constitute legal advice. For specific workplace safety concerns, contact OSHA directly at 1-800-321-OSHA or consult an employment attorney.
