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744 Working with OSHA
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Retaliation Rights

Workers have a right to seek safety and health on the job without fear of punishment. That right is spelled out in Section 11(c) of the OSH Act.

angry manager yelling at an employee.
The employer can not punish employees for exercising the right to complain.

The law says the employer shall not punish or discriminate against employees for exercising such rights as complaining to the employer, union, OSHA, or any other government agency about job safety and health hazards.

Workers are also protected for participation in OSHA inspections, conferences, hearings, and other OSHA-related activities. Workers also have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger. "Good faith" means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist. Since the conditions necessary to justify a work refusal are very stringent, refusing work should be an action taken as a last resort. If time permits, the condition should be reported to OSHA or the appropriate government agency. To learn more about refusing to perform dangerous work please click here.

If you believe you have been punished for exercising your safety and health rights, you must contact OSHA within 30 days.

Knowledge Check Choose the best answer for the question.

2-10. The right of workers to seek safety and health on the job without fear of punishment is spelled out in _____.