Overview of OSHA

1. Overview of OSHA An overview of the Occupational Safety and Health Act/Administration Offered by Farmworker Legal Services of New York, Inc. Through OSHA Susan Harwood Capacity Building Training Grant This 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.

2. What is OSHA? • The Occupational Safety & Health Act • Signed into law in 1970 • To set standards for safe jobs • To enforce those standards • To protect workers from employers who violate the standards and the OSH law

3. Rights Under OSHA • As a worker in the United States, you are entitled to: • Be safe in your workplace • Know if you are exposed to hazards • Receive training, in a language you understand, so you can work safely • Expect your employer to correct workplace hazards • File a complaint with OSHA about workplace hazards • Be free from retaliation if you exercise these rights See: http://www.osha.gov/workers.html for more info

4. Your Employer Must… • Keep hazards out of the workplace whenever possible • Provide training so you can do your job safely • Keep records of work-related injuries & illnesses • Provide medical exams in some circumstances • Provide you with access to your medical records • Provide personal protective equipment if it’s needed in order to do your job safely … and cannot charge you for any of these.

5. Your Employer Must… • Have 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:

6. MSDS Information • The 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);

7. MSDS Information • The 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;

8. MSDS Information • Any 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.

9. You, the Worker, Can… • Learn 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 directly • Ask your employer to train you how to safely use any machinery that is necessary for you to perform your job • Notify OSHA if you see hazards that your employer refuses to correct

10. You May Need Training • You and your co-workers may need training in order to do your job safely • It is in your employer’s best interests, as well as in your best interests, to have trained workers on the job • If you do not know how to do your job safely, and your employer has refused to provide you with training, contact OSHA

11. If You See a Workplace Hazard • The 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 retaliation

12. Complaining to OSHA • You can file a complaint with OSHA if you believe your workplace is dangerous to your health or safety • OSHA will not reveal your identity to any employers • You can ask OSHA to let you know what action they have taken on your complaint

13. OSHA Inspections • If an OSHA inspector comes to your workplace, you can ask that a worker representative accompany the inspector • You can talk privately to the inspector • You can tell the inspector about any hazards you have seen, or about accidents you are aware of • You can ask OSHA to tell you what happens as a result of their inspection

14. Filing an OSHA Complaint • See OSHA complaint form (handout) • http://www.osha.gov/as/opa/worker/complain.html website tells how to file a complaint in Spanish and English

15. If You File a Complaint • Your employer is NOT permitted to take action against you – that’s the law! • If you believe your employer has retaliated against you, you must contact OSHA within 30 days of the retaliatory action

16. Contacting OSHA • If 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 FAX • If 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