Every worker deserves to feel safe at work from COVID-19, yet the truth is not everyone does. 

That's why it’s important to know what your rights are, how you can act, and what resources are available to help you. 

Whether you're employed at a hospital, factory, or corporate office, you have the right to feel safe when you’re at work.

If your employer isn't doing everything they can do to make your safety and the safety of those around you a priority, scroll down to find out what you can do. Then check out aclund.org/safe-job and tell us how your workplace rates.  

1. What can you do if the North Dakota Smart Restart protocols aren’t being followed at your workplace? 

A.What can you do if the North Dakota Smart Restart protocols aren’t being followed at your workplace? 

A.
  • Don't quit. If you think you have been fired, ask for it in writing.
  • Document everything. Take a photo of your documentation and text it to a trusted source. 
  • Call OSHA and file a signed complaint. You are most protected from retaliation under federal law. 
  • Call North Dakota Department of Health and file a complaint. You are also somewhat protected from retaliation under state law.
  • Call North Dakota Department of Labor and Human Rights. Report retaliation if you experience it.

2. Know your rights online

A.Know your rights online

A.

If you post your grievances on Facebook, your right to remain employed isn’t necessarily protected. 

  • Almost all workers in North Dakota are at-will employees
  • Meaning you don’t have any work-related free speech protections on Facebook
  • Meaning you can get fired for posting
  • Meaning don’t do it unless you’re willing to take that risk

Instead, file a signed OSHA complaint, your rights are strongest here. 

  • When you make an OSHA complaint and sign it, you become a whistleblower
    • Signing it is important because it allows OSHA to come investigate your worksite
  • Meaning your employer can’t retaliate (aka fire) you for your complaint
  • If your employer does, contact OSHA right away and tell them
    • Because firing you after you file a complaint is illegal

3. Are all workers in North Dakota covered by OSHA protections? 

A.Are all workers in North Dakota covered by OSHA protections? 

A.

No, certain workers are exempt.

  • Certain agriculture workers
  • Public workers

If you fall under this category, here’s who you can contact:

  • Certain agriculture workers: if you work on a farm with 10 non-family employees or less, unfortunately there isn’t someone you can call right now
  • Public workers: you can call the North Dakota Department of Health and file a complaint by calling 1-888-391-3430 and press 6