Every worker, regardless of immigration status, has the right to a safe workplace and protection under the law.
At National COSH, we stand with immigrant workers, ensuring their rights and safety are upheld – without fear or compromise. Through our Safety Without Borders campaign, we empower workers with knowledge, tools, and support to defend their rights against unsafe workplaces and immigration-related threats.
Immigrant Worker Rights
As an immigrant worker, it's essential to understand your rights in the workplace. No matter your immigration status, you are entitled to protections that ensure your safety and well-being on the job. Here are your key rights under the Occupational Safety and Health Administration (OSHA):
- A safe and healthy workplace: You have the right to work in an environment free from recognized hazards that could cause serious harm.
- Protection under OSHA standards: You are entitled to protection under OSHA regulations without needing to disclose your immigration status during workplace inspections.
- Access to resources and legal protections: If you face unsafe or exploitative conditions, you may qualify for resources such as T and U visas, which can help protect you legally.
- Safety training in your language: You have the right to receive safety training and information about workplace hazards in a language you understand.
- Report hazards without fear: You can report unsafe conditions to your employer or OSHA without fear of retaliation or immigration enforcement actions.
Remember: OSHA is responsible for ensuring workplace safety -- not immigration enforcement (DHS/ICE). It is also important to note that your employer is legally responsible for providing a safe workplace. If they fail to meet this obligation, you have the right to speak up and seek the protections you deserve.
Reporting Unsafe Working Conditions: A Guide for Immigrant Workers
Your safety at work is paramount, and as an immigrant worker, you have the right to report unsafe working conditions without fear -- your immigration status does not matter. Here’s how you can take action:
- Contact OSHA Directly
File a Complaint: Reach out to the Occupational Safety and Health Administration (OSHA) through multiple channels:
- Online: Visit the OSHA website and use their online complaint form.
- Phone: Call your local OSHA office to report unsafe conditions. Contact numbers can be found on the OSHA website.
- Mail: Download the complaint form, complete it, and send it to your local OSHA office.
TIP: Whenever possible, unite with your co-workers to file a collective complaint. Gather strong documentation, including photos of hazards and any other relevant evidence.
2. Confidentiality matters:
- When reporting unsafe conditions, you can request that your name remains confidential. OSHA is committed to protecting the identity of individuals who file complaints, ensuring your immigration status will not be disclosed.
3. Engage state and local agencies:
- Many states have their own occupational safety and health programs (e.g., Cal/OSHA in California, ADOSH in Arizona). You can report unsafe conditions to these agencies, which provide similar protections. Check out this listing of states with their own state plans.
4. Contact local COSH Groups and worker advocacy organizations:
- Numerous COSH groups and nonprofit organizations are dedicated to supporting workers. These groups can provide valuable guidance on how to report unsafe conditions and protect your rights. Here is a listing of local COSH groups that can assist you.
5. Anonymous reporting options:
- If you fear retaliation, remember you can report unsafe conditions anonymously through OSHA or other advocacy groups, ensuring your safety while advocating for workplace change.
6. Utilize safety committees:
- If your workplace has a safety committee, bring your concerns to them. They are responsible for addressing safety issues and can escalate concerns to management or OSHA.
7. Document everything:
- Keep detailed records of unsafe conditions. Take photos, jot down notes about incidents, and note the dates and times. This documentation can strengthen your complaint and help ensure your voice is heard.
Resources to Defend and Protect Immigrant Workers
- What to do if confronted by immigration authorities: Essential steps to take and how to prepare for interactions with immigration officials.
- Legal and emotional support: Access to legal assistance, consulate services, and mental health resources to help you navigate challenges and maintain well-being.
At National COSH, we believe in a world where safety knows no borders. Join us in standing with immigrant workers, defending their rights, and building workplaces where safety and dignity come first.