OSHA Given Authority to Grant Protection to Undocumented Workers

​Undocumented immigrant workers involved in workplace safety investigations will be able to receive legal protection from the Occupational Safety and Health Administration (OSHA), in a new policy announced Feb. 13.

Effective March 30, OSHA will be able to issue certifications in support of applications for U and T visas, which enable crime and trafficking victims, respectively, to help law enforcement investigate and prosecute those crimes without fear of retaliation. U and T visas provide immigration status to noncitizens and allow them to remain in the U.S. to assist authorities.

For the first time, OSHA will be able to issue these visa certifications during its workplace safety and health investigations. The government's concern is that undocumented workers may be afraid to report workplace safety and health problems and cooperate with inspectors because they fear employers could identify them to law enforcement agencies, leading to their deportation.

The visas can be granted for up to four years and may be extended. Family members may also qualify for the visas. The Department of Labor's Wage and Hour Division has been able to grant visa certifications since 2011.

"Expanding OSHA's U and T visa certification authority helps the agency better fulfill its mission to make U.S. workplaces as safe and healthy as possible," said Assistant Secretary for Occupational Safety and Health Doug Parker. "Workers in the U.S. need to feel empowered and able to trust OSHA and the U.S. Department of Labor enough to voice their concerns about workplace safety regardless of their immigration status and fears of retaliation."

The Department of Homeland Security last month outlined a process for undocumented workers to apply for expedited enforcement relief, known as deferred action, if they have been victims of or are participating in an investigation involving violations of labor law.

"Workers in general, and unauthorized workers in particular, are often scared to report labor law violations," said Muzaffar Chishti, senior fellow and director of the Migration Policy Institute's office at the New York University School of Law. "The employer has a very potent weapon to silence unauthorized workers."