OSHA Offers Workers’ Rights Cards in Spanish

By Cotney Attorneys & Consultants. 

Hispanic construction workers are hard to reach with information about worker rights and safety due to a language barrier.

Latinos are the fastest-growing population in the construction industry but sometimes do not understand their rights on the job or how to protect themselves against injuries. 

The U.S. Department of Labor’s Occupational Safety and Health Administration, or OSHA, has developed a Spanish set of cards on workers’ rights. These cards share with Spanish speakers the rights they have during an OSHA inspection on the job site. 

The cards are free. 

Allowing employees information about their rights during an OSHA inspection can save your business from significant fines. 

For example, employees need to know that they are not required to give out personal information to an OSHA investigator. They also need to know that they have the right to end any interview with an inspector at any time. 

Hispanic workers also need to realize that they have the right to request a supervisor be present during an interview. 

Having these cards in their possession when an OSHA Compliance Safety and Health Officer arrives on the job site can benefit both the employees and the business owners. 

These rights during an OSHA inspection do not just pertain to workers. Employers also have rights. They are, for example, free from searches and seizures, including OSHA inspections. That means OSHA cannot inspect a workplace without having probable cause that a violation exists or has occurred. 

Employers can demand a warrant for such inspections. Or they can negotiate with the inspector about what they consider a reasonable scope of the inspection. If they come to this type of agreement, they waive the right to a warrant and consent to the inspection. 

Meanwhile, employees have the right to accompany a compliance officer and take side-by-side photographs that the inspector takes. 

Employers have the right to stop any employee interviews during the workday if the requirements are deemed unreasonable or disruptive if conducted on the job site. They can ask that the interviews be moved to an office or scheduled in advance. 

Employers cannot retaliate against employees who participate in OSHA inspections because it is considered a “protected activity.” And employees have a right to understand the questions they are being asked. 

The inspector is supposed to ask for information but not tell you that you must agree to specific information. 

Workers also have a right to decide whether they will sign a statement at the end of the interview. They have the right to decline if they so choose. Those who sign a statement have the right to get a copy of it at the time. They have the right to understand what they are signing and ask the inspector to correct any errors before signing it. 

Workers also have the right to decline to answer any question and are not obligated to explain why they refuse to answer. 

When answering a question, the worker should do so based on their personal knowledge. No second-hand knowledge or hearsay should be included. 

So, downloading a set of these free cards for Hispanic workers will make it easier for them and their employers to ensure everyone is on the same page when an OSHA inspector shows up. 

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.