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Regarding OSHA inspections, when does an employee have the right to be present?

Option 1: The employee does not have the right to be present unless the owner gives permission
Option 2: The employee has the right to be present unless the owner objects
Option 3: The employee has the right to be present unless there is a court order
Option 4: The employee does not have the right to be present during OSHA inspections

1 Answer

3 votes

Final answer:

Workers have the right to participate in an OSHA inspection, speak privately with the inspector, and file complaints without fear of retaliation, implying they can be present unless there is a legal or owner objection. Option d

Step-by-step explanation:

Within the scope of an OSHA inspection, workers have specific rights that protect their involvement and ensure their workplace's safety is evaluated fairly and thoroughly. According to the Occupational Safety and Health Act (OSH Act), workers have the right to participate in an OSHA inspection and speak in private with the inspector.

Not only can workers file a confidential complaint with OSHA following their rights under the law, but employers are also prohibited from taking any retaliatory actions against workers for exercising these rights, which includes requesting an inspection or being present during one.

In the context of the options presented, there is no direct mention in OSHA's official documentation that employees have a specific right to be present during an inspection unless a court order or the owner's objection prevents it. However, workers do have a right to participate, which implies their presence is permitted, especially to point out hazards or discuss concerns with the OSHA inspector in private. Option d

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