Document 645Lmp2y7JO0wbOowzYNbZJ3

opportunity to observe such monitoring or measuring 7 Employees have the nght of access to (a) the list of toxic materials published by NIOSH, (6) criteria developed by NIOSH describing the effects of toxic materials or harmful physical agents, and (c) industry wide studies conducted by NIOSH regard ing the effects of chrome, low-level ex posure to hazardous materials 8 On written request to NIOSH, employees have the nght to obtain the determination of whether or not a substance found or used in the establishment is harmful With respect to enforcement. 1. Employees have the nght to confer with the compliance officer in connection with an inspection of an establishment 2. An authorized employee representative must be given an opportunity to accom pany the compliance officer during an in spection for the purpose of aiding such inspection (This is commonly known as the "walk-around" provision ) 3 An employee has the nght to make a wntten request to OSHA for a special in spection if the employee believes a viola tion of a standard threatens physical harm, and the employee has the nght to request OSHA to keep his identity confi dential 4 If an employee believes any violation of the Act exists, he has the nght to notify OSHA or a compliance officer m wnting of the alleged violation, either before or during an inspection of the establishment 5 If a request is made for a special inspec tion and it is denied by OSHA, the em ployee must be notified m writing by OSHA, together with the reasons, that the complaint was not valid The em ployee has the nght to object to such a decision and may request a hearing by OSHA 6 If a wntten complaint concerning an al leged violation is submitted to OSHA and the compliance officer responding to the complaint fails to cite the employer for the alleged violation, OSHA must furnish the employee or his authorized repre sentative a wntten statement setting forth the reasons for its final disposition 7 If OSHA cites an employer for a viola tion, employees have the nght to review a copy of the citation which must be posted by the employer at or near the place where the violation occurred 8 Employees have the nght to appear as an interested party or to be called as a witness m a contested enforcement mat ter before the Occupational Safety and Health Review Commission 9. If OSHA arbitrarily or capnciously fails to seek relief to counteract an imminent danger and an employee is injured as a result, that employee has the nght to bring action against OSHA for relief as may be appropriate 10 An employee has the nght to file a com plaint to OSHA within 30 days if he be lieves he has been discriminated against because he asserted his nghts under the Act 11. An employee has the nght to contest the abatement penod fixed in the citation issued to his employer by notifying the OSHA Area Director that issued the citation Occupational safety and health standards The Act authorizes OSHA to promulgate, modify, or revoke occupational safety and health standards s In order to get the initial set of standards m place without undue delay, the Act author ized OSHA to promulgate any existing fed eral standard or any national consensus stand ard without regard to the usual rulemaking procedures pnor to Apnl 28, 1973 The ini tial set of standards. Part 1910, appeared in the Federal Register of May 29, 1971 Sub scriptions to the Federal Register are obtamed through the Government Printing Office, The rules of procedure for promulgating, modifying or revoking standards are codified in the Code of Federal Regulations (C F R ), Tide 29, Chapter XVII, Part 1911 27