Union Approach to Health and Safety: - United Steelworkers

Workers and/or unions who request information from employers, but do not receive the
information, can file a formal OSHA complaint. It is against the law for employers to
refuse to provide this information.
RIGHT TO SAFETY AND HEALTH INFORMATION UNDER
COLLECTIVE BARGAINING LAW
In addition to individual and union rights to safety and health information under the OSH
Act, unions have rights to this information under collective bargaining laws.
Under most bargaining laws (the National Labor Relations Act in the private sector, the
Federal Labor Relations Act in the federal sector, and state bargaining laws for state,
county and municipal employees) safety and health is one of the issues that employers
have to bargain over.
As part of the employer’s bargaining obligation, the employer must supply the union with
requested safety and health information within a “reasonable” period of time. Note that
this right to information is for unions, not individual workers.
Information an employer must provide includes information also available under the
OSHA standards (so that the union has rights under bargaining law and under the OSH
Act to the same information).
In addition, the union is entitled to receive information related to safety and health not
specifically covered under the OSHA standards, such as:
Accident reports, results of accident or incident investigations, company manuals
and guides, and health and safety inspection records,
Minutes of safety and health committee meetings,
Disability and compensation cases,
Insurance claims information, such as the number, type and cost of
workers’ compensation or disability claims, and
Copies of any reports or studies by the employer or outside agencies or
consultants (insurance inspectors, safety consultants, etc.)
As with a request for information under the OSH Act, the request should be in writing.
Employer refusals to provide safety and health information, or unreasonable delays in
providing the information, are violations of bargaining law. Workers and/or unions can
file a charge with the agency that enforces the law (for example, the National Labor
Relations Board for private sector workers).