The Fall 2008 issue of
On the Line News |
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Workers in the United States have been fighting for more than a century to obtain safe and healthy working conditions. Unions have been at the forefront of those efforts and have been largely responsible for the protections that many workers today take for granted. We fully understand that much work remains to be done.
After years of concentrated effort, which began in the mid-1960s, unions succeeded in pressing Congress to establish the Occupational Safety and Health Act in 1970. The Act created the Occupational Safety and Health Administration (OSHA), and gave it broad powers to set and enforce minimum standards in workplace safety rules, minimum standards in toxic substances exposure, minimum standards in dangerous working conditions, and minimum standards in employer accountability for job safety. It also established a system of fines and criminal penalties for employers who violate safety laws and gave workers a legal right to raise issues concerning their safety and health in the workplace.
Like the minimum wage sets a bare-minimum for fair pay, OSHA standards set minimum safety requirements. None of us want to work for minimum wage, so why would we accept only minimum safety standards?
In many cases, unions have succeeded in gaining stronger protections through negotiated contract language than OSHA is able to provide through its standards.
Unions have developed numerous training programs to educate workers about the safety and health hazards they face, and ways to work with employers to eliminate or reduce those hazards.
OSHA has been a hard-fought law to get and keep.
OSHA is stronger when workers have union protection and training, because unions have built-in systems to resolve problems about worker safety and training fairly through departments such as Health and Safety. We know we can bargain for better standards for our members.
The UAW, and other unions in the United States, continue to push for federal safety standards, including an ergonomics rule to protect workers from repetitive motion disorders, and for strengthening existing standards and enforcement mechanisms.
With the help of new members joining the union, the more influence all workers will have with those who write OSHA rules in Congress. It’s the simple, but powerful, concept of strength in numbers: by organizing new members, union membership increases, and that multiplies the power workers have to shape the laws Congress approves to protect all workers.
You have a right to a safe and healthy workplace. Like all private businesses, auto companies operating in the United States must comply with federal rules and procedures that limit dangers to their workers. OSHA is the government agency that enforces these federal rules.
OSHA helps protect workers by setting and enforcing workplace safety and health standards and providing safety and health information, training and assistance to employers and workers.
Below are frequently asked questions about OSHA and your rights to a safe and healthy workplace.
Am I covered by OSHA?
Yes. Auto workers are covered by the federal OSHA or a state OSHA program.
What are my rights under OSHA?
Workers have many rights under the Occupational Safety and Health Act. Among them, you have the right to:
• A workplace that is safe and free from hazards.
• Talk to your supervisor about unsafe or unhealthy working conditions.
• File a complaint with OSHA about unsafe or unhealthy conditions.
• Refuse to do a job that you believe might put you in immediate danger.|
• Know about the hazards in your workplace.
• Not be discriminated against (fired, given a worse job, etc.) for reporting safety hazards.
• Access records of medical tests and tests that monitor your work environment for hazardous materials.
• Access information about injuries and illnesses that happen in your workplace.
• Receive health and safety training appropriate to your job and workplace.
• Have your union representative accompany an OSHA inspector.
You can refuse work that is not safe.
If your boss asks you to do something that you think might seriously hurt you or kill you, you have a right to refuse to do that work. But don’t quit or leave the job. You must offer to do other work in another area to keep your legal rights.
You are entitled to proper training and equipment.
The law says that your employer has to provide you with training on how to be safe while doing your job. Your employer must also make you aware of the dangers where you work, and provide any special equipment needed to protect you.
You have a right to participate in an OSHA
inspection.
If you have a union where you work, you can have your representative accompany the OSHA inspector and point out problems. Your employer can’t choose this representative. Even if you don’t have a union, you have the right to talk privately with the OSHA inspector about any concerns you have about safety and health conditions at your workplace.
A complete list and description of workers’ rights can be found on the OSHA Web site.
What are my employers’ responsibilities?
The Occupational Safety and Health Act requires employers to provide a safe and healthy workplace free of recognized hazards and to follow OSHA standards. Employers’ responsibilities also include providing training, medical examinations and recordkeeping.
What are my responsibilities as a worker?
OSHA requires workers to comply with all safety and health standards that apply to their actions on the job. Workers should:
• Read the OSHA poster posted at your workplace. All employers are required to display the poster in a conspicuous place at the worksite.
• Follow the employer’s safety and health rules and wear or use all required gear and equipment.
• Follow safe work practices for your job.
• Report hazardous conditions to a supervisor or safety committee.
• Report hazardous conditions to OSHA if employers do not fix them.
What can I do if I think my workplace is unsafe?
If you believe your working conditions are unsafe or unhealthy, you should let your boss know about your concerns, if possible.
• You can also file a complaint with OSHA about hazardous working conditions.
• You can ask that your name not be revealed to your employer. You can file a complaint on the OSHA Web site, in writing or by telephone to the nearest OSHA area office. You may also call the office and speak with an OSHA compliance officer about a hazard, violation or the process for filing a complaint.
Can I be fired or discriminated against for reporting safety problems at work?
The law states that your supervisor or employer is not allowed to discriminate against you for talking about unsafe working conditions. It is illegal for them to fire you, demote you, give you dirty work or punish you in any other way for reporting unsafe working conditions.
You should not be treated any differently than your co-workers. If you believe you are being punished for raising health and safety concerns, you can file a whistleblower complaint with OSHA. You must file your complaint within 30 days or you can lose your rights.
How can I find out if my employer has ever been inspected by OSHA?
You can research your employer’s inspection history on the Web through OSHA’s Establishment Search at www.osha.gov. Type in the name of your company and choose the dates you want to cover.
Where can I get more information on workplace hazards?
OSHA provides technical information to assist workers, employers and safety and health professionals in reducing occupational injuries and illnesses. You can find information on machine guarding, ergonomics, fall protection, and other issues on their web site.
The UAW, the union representing workers in the American auto industry, has a Web site (http://uaw.org) that features an extensive section on workplace health and safety. It includes links to sites with information on ergonomics, toxic chemicals, disposal of hazardous wastes and other issues.
Is there a toll-free number I can call for more help?
Workplace safety and health information or assistance for workers is available during business hours through OSHA’s call center at 1-800-321-OSHA. The hotline remains open 24 hours a day for fatality and accident reporting during non-business hours. You may also call the UAW for help at 1-800-2-GET-UAW.
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