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Andrew Pollack-Gray

Nursing Notes

Employee Rights

2 min read

Quick Reference

Occupational Safety and Health Administration (OSHA)

Established under the Occupational Safety and Health Act of 1970 to protect workers from workplace hazards.
Employee rights:

  • A safe and healthy workplace.
  • Appropriate PPE and safety training.
  • Protection from occupational exposure to infectious materials.
  • Ability to report workplace hazards without retaliation.

Healthcare-specific protections:

  • Hepatitis B vaccination at no cost for eligible workers with occupational exposure.
  • Training on bloodborne pathogens.
  • Appropriate exposure prevention measures and post-exposure evaluation.

California: Cal/OSHA enforces state workplace safety regulations.

Family and Medical Leave Act (FMLA)

Provides eligible employees up to 12 workweeks of job-protected leave in a 12-month period for qualifying reasons.
Qualifying reasons include:

  • Birth, adoption, or foster placement of a child.
  • Employee’s serious health condition.
  • Caring for a spouse, child, or parent with a serious health condition.
  • Certain military family circumstances.

Protections:

  • Return to the same or an equivalent job.
  • Continuation of group health insurance under applicable conditions.
  • Protection from retaliation for exercising FMLA rights.

Professional Responsibilities

  • Follow workplace safety and infection-control requirements.
  • Use employer-provided PPE appropriately.
  • Report unsafe working conditions and occupational exposures.
  • Communicate concerns through established workplace procedures.
  • Understand applicable leave protections and employment policies.

Important Considerations

  • FMLA is generally unpaid and has eligibility requirements.
  • OSHA protections include the right to report unsafe conditions without retaliation.
  • California may provide additional leave and workplace protections.
  • Report workplace exposures and injuries promptly according to facility policy.

Sources

  • OSHA — Occupational Safety and Health Act
  • OSHA — Bloodborne Pathogens Standard (29 CFR 1910.1030)
  • U.S. Department of Labor — Family and Medical Leave Act
  • California Division of Occupational Safety and Health (Cal/OSHA)

Flashcards

What should staff do after an occupational exposure?03-application / reference-guidelines
Answer

Report promptly and follow exposure-control procedures.

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