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Worker Rights Under OSHA

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School employees in 26 states -- ALASKA, ARIZONA, CALIFORNIA, CONNECTICUT, HAWAII, INDIANA, IOWA, KENTUCKY, MARYLAND, MICHIGAN, MINNESOTA, NEW JERSEY, NEVADA, NEW MEXICO, NEW YORK, NORTH CAROLINA, OREGON, SOUTH CAROLINA, TENNESSEE, UTAH, VERMONT, VIRGINIA, WASHINGTON and WYOMING, as well as PUERTO RICO, and the VIRGIN ISLANDS currently have federally certified OSHA protections. OSHA guarantees every school employee in these states a safe and healthful workplace.  Federal OSHA also protects all school employees (throughout the country) who are exposed to asbestos in their routine work or who are harassed or discriminated against for complaining about asbestos exposure.

School boards and districts in the 26 states are obliged to follow standards.  When employers are not in compliance, workers have the right to file a complaint and receive an inspection.  Even though every individual has a right to file a complaint, it is better if the union files the complaint on behalf of all employees of the school.

The complainant (whether the individual or the union) has the right to designate a "walk-around" representative to accompany an OSHA inspector.

Employers are also obliged to keep an on-going record of all injuries and illnesses.  Every employee and union representative has a right to have a copy of those records.

The AFT is working to make sure that all school employees enjoy OSHA coverage by reforming the federal law to include public employees.  In the mean time, if you are not in an OSHA state, check with your state Department of Labor--many (such as Illinois, Wisconsin and Rhode Island) say that they adopt OSHA standards for public employees.  Even if your state does not adopt OSHA standards, the standards provide a good model for local health and safety programs. 

Summary of important standards for the school setting:

Access to medical and monitoring data-- Every employee has the right to any of his or her medical records (pre-employment, workers' compensation, drug testing) and also the right to see results of any monitoring such as asbestos air monitoring and radon monitoring.

Housekeeping, walking/working surfaces-- Employers must provide work areas that are free from hazardous clutter (i.e., stacked-up boxes, debris) and that have unblocked fire exits.  In addition, all floors must be kept safe and free of slipping hazards (i.e., wet and greasy floors).

Hazard communication or "right to know"-- Employers must provide materials safety data sheets (MSDS) for all toxic products that staff come in contact with including cleaning products, pesticides, paints, etc.  MSDS have information on the health hazards of products as well as the proper use of products to avoid health effects.   Workers who use the products must be provided training and the proper protective equipment to prevent dangerous exposure.

Blood-borne pathogen standard-- Employers are obliged to develop a written exposure control plan, provide training, free hepatitis B vaccination and protective equipment for any employee who "reasonably anticipates exposure to blood or other potentially infectious materials."

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