Are You Worried About Health and Safety at Work?
How to Protect Yourself from Unsafe Working Conditions that Cause Injury or Illness
Every employer’s priority should be the safety and health of its employees. It’s the law.
Indeed, federal and state law entitles you to a safe workplace free from recognized hazards that are causing or are likely to cause death or serious physical injury to employees. This is known as the General Duty Clause of the Occupational Safety and Health Act of 1970 (OSH Act)
Compliance with the OSH Act and the Occupational Safety and Health Administration’s (OSHA’s) rules, regulations, and policies is critical to maintaining a safe workplace.
Some employers, however, do not follow proper safety procedures or ask employees to ignore their training to complete the job quicker and make more money for the company. And often, this attitude toward health and safety results in tragedy and catastrophic injuries.
Fortunately, you have rights. And there are steps you can take to protect yourself from unsafe conditions at work – without risking – without fear of retaliation.
This article discusses how to report hazardous workplace conditions and your rights under occupational safety and health law. And if you have already suffered an injury from an occupational hazard, our firm can help you understand your options under workers compensation and tort laws (negligence, intentional torts, etc.).
Keep reading to learn more. And contact us to determine your next step. You will see why other attorneys and past clients have named me one of Virginia’s top personal injury lawyers.
What Does OSHA Do?
OSHA has several roles.
First, it establishes safety and health standards for industries throughout the country.
Second, it enforces its rules, regulations, and policies through inspections and investigations and, when appropriate, citations to employers (fines).
When OSHA determines an employer has violated OSHA standards, regulations, or policies, it issues a citation and notification of the proposed penalty. This notice describes the violation and how long the employer has to fix it. In addition, it states whether the offense is serious, willful, or repeated.
These citations are a matter of public record. And your employer must post a copy of the document on its premises.
Third, it educates employers and employees on workplace safety by providing training and other educational materials.
Which Workers Does OSHA Cover?
The OSH Act applies to all private-sector employers and their employees.
There are, however, some exceptions. For example, the OSH Act does not apply to self-employed persons, family members operating a farm, or domestic household employment for private homes.
In addition, OSHA exempts federal and state employees from direct coverage under the Act. However, these government employers and employees are subject to other laws. And they might be covered in states or territories with OSHA-approved State Plans such as Virginia, Maryland, and North Carolina.
What are Examples of Unsafe Working Conditions and Acts?
Examples of unsafe work conditions and practices that may result in injury include:
- Blocking safety exits
- Cluttered workspace: Failing to keep the workplace clean and free of slippery substances, debris, and tools (extension cords, hammers, etc.) increases the likelihood of slips and trips.
- Crowded Environment: Congestion in the workplace from having too many employees working at one time is unsafe.
- Defective equipment: Failing to maintain equipment to work correctly or using broken tools and supplies that have not been repaired or replaced may cause harm
- Fire and explosion hazards
- Hazardous materials: Failing to label and store toxic chemicals and materials properly increases the risk of injuries such as burns and heart and lung disease.
- Inadequate personal protective equipment (PPE): Failing to provide (or use) PPE such as hardhats, safety glasses, earplugs, fall protection harnesses, buck squeezes, overalls and protective aprons, safety boots, gloves, respirators and masks, or other gear that protects you from job-related hazards is dangerous.
- Inadequate safety guards: Tools and machinery should have safety guards, especially when not used.
- Inadequate (or broken or no) warning systems
- Lack of training: Operating equipment and machinery without proper training, qualification, or authorization increases the risk of injury.
- Operation of equipment at unsafe speeds or for an improper purpose
- Poor air quality
What are My Rights under OSHA?
OSHA and the OSH Act give you many rights.
In addition to the right to a workplace free of serious recognized hazards, you have:
Right to Information
You have the right to specific safety and health data collected by employers. Indeed, you have the right to know which hazards exist in your workplace and how to protect yourself from them.
For example, your employer must:
- Display a poster with basic information about the OSHA Act and your rights
- Give you a copy of your medical records from tests required by OSHA. Your attorney also has the right to review these papers, which are often relevant to claims for occupational illnesses.
- Keep a list of all chemicals in the workplace (the “right-to-know” standard about chemical hazards)
- Keep copies of injury and illness logs with information about all recordable workplace injuries and illnesses in compliance with OSHA’s Recordkeeping Rule (including OSHA Form 300)
- Maintain Safety Data Sheets (SDSs) for each chemical and hazardous substance on site. The SDS explains how to prevent exposure and what to do if exposure occurs.
- Pay your regular wages when you participate in OSHA-mandated safety training.
- Properly label hazardous chemical containers.
- Provide data on exposure to harmful levels of hazardous substances such as asbestos, mercury, or lead
Right to File a Complaint with OSHA and Request an Onsite Inspection
You have the right to submit a written complaint to OSHA and ask for an inspection of your workplace if you believe that your employer is not following OSHA or industry standards or rules.
OSHA will not tell your employer who filed the complaint if you ask to remain anonymous.
And it is unlawful for an employer to retaliate or discipline you for filing a complaint or exercising your OSHA rights.
If you prefer, you can ask a representative to file the OSHA complaint on your behalf. Nearly anyone can serve as your representative – your employment lawyer, social worker, spouse, labor union steward, family member, friend, surgeon, or another medical provider.
Right to Participate in OSHA Worksite Investigations
OSHA conducts worksite inspections without employers knowing when or where they will happen. Indeed, advance notice of an OSHA inspection is unlawful except in limited circumstances.
Common reasons for an on-site OSHA investigation or inspection include:
- To enable the employer to prevent imminent danger
- A workplace fatality or injury requiring hospitalization
- High injury rates for the specific employer
- Follow-up inspections to ensure previously identified hazards were removed or improved
- An OSHA complaint by an employee or someone else about unsafe working conditions or unreasonable hazards
You have a statutory right to participate in OSHA inspections, either directly with compliance officers or through your labor union or legal representatives.
Examples of ways to participate in the onsite safety inspection include:
- Describing job-related injuries and illnesses resulting from onsite hazards
- Explaining how specific workplace risks caused injuries or illnesses
- Participating in meetings with the safety inspector
- Pointing out occupational hazards
- Talking privately with the OSHA inspector
- Telling the inspector how the employer responded to employee complaints about safety or lack of training in the past
Right to Protective Equipment Free of Charge
Some workplace hazards cannot be avoided or removed – the job is inherently dangerous.
Employers must provide protective equipment to you free of charge in these situations.
Right to Exercise Your OSHA Rights to Prevent Unsafe Working Conditions
The OSH Act makes it unlawful for employers to retaliate against employees for using their rights under the OSH Act.
Protected acts include:
- Submitting an OSHA complaint
- Participating in the OSHA safety inspection
- Requesting information, data, and documents the employer must provide access to under the law.
- Asking the employer to fix a safety or health issue.
What Should I Do if I Notice a Hazard at Work? How to Report Unsafe Work Conditions and Safety Violations
If you believe that your working conditions are dangerous, you can take several steps.
1. Report the occupational hazard to your employer
If your working conditions are unsafe or put you near a hazard, notify your employer immediately, preferably in writing (email or text also works but save the correspondence).
Though you do not have to take this step, this is often the best way to fix hazardous working conditions.
I recommend asking the employer to correct the hazard before completing the job or assign other job duties until it can do so.
If the employer refuses to eliminate the danger, contact an attorney or OSHA (or both).
2. File a complaint with OSHA
You can file an OSHA complaint in several ways:
- Online: Use OSHA’s Online Complaint Form
- Telephone: Call your local OSHA office or 1-800-321-6742.
- In-person: Visit your local OSHA office and discuss your complaint with OSHA staff.
- Mail, Fax, or Email: You can submit the OSHA Complaint Form or a letter describing your complaint to your local OSHA office.
For example, there are local OSHA offices in Virginia in Richmond, Abingdon, Lynchburg, Manassas, Norfolk, Roanoke, and Verona.
Your OSHA complaint should be signed and include:
- Whether you want OSHA to keep your identity confidential
- A description of the workplace hazard
- Efforts you made to get your employer to remove or reduce the dangerous condition
Your complaint may then trigger an OSHA onsite inspection.
If OSHA determines no inspection is necessary based on your complaint, the OSHA area director will send a letter to you explaining the basis for the decision.
Will OSHA Discuss the Inspection’s Outcome with Me?
Yes.
After the OSHA inspection, you may meet with the inspector and the employer to discuss OSHA violations and potential remedies. Or, if OSHA decides not to issue a citation after the inspection, you can ask for clarification and an informal review of that decision.
Do I Have the Right to Refuse to Work in Dangerous Conditions?
Yes, you can refuse to work in some situations.
Under limited circumstances, OSHA law allows you to refuse to perform a job task without fear of termination for refusing to work and expose yourself to a dangerous situation.
To project your job after refusing to work in a dangerous situation, you must show that all the following conditions apply:
- You have a good faith belief that an imminent danger of severe injury or death exists.
- A “reasonable person” would agree there is a real danger of death or harm.
- If possible, you have asked your employer to remove the threat, but it failed to do so
- Due to the urgency of the hazard, there is not enough time to correct it through standard methods, such as requesting an OSHA inspection.
Can I Sue My Employer for Unsafe Working Conditions?
No – in most states.
Workers compensation laws cover many job-related injuries, occupational diseases, and workplace fatalities. Therefore, you might be entitled to workers comp benefits such as wage loss payments, medical care (including surgery), and compensation for permanent loss of use (PPD benefits) if a workplace hazard causes you harm.
In addition, you may have a third-party lawsuit if another person’s negligence caused your work injury. This situation frequently arises with injuries from construction accidents or motor vehicle crashes.
However, the OSH Act does not give an employee a private right of action against the employer for violations. Instead, it provides the regulatory structure and grants OSHA (or its state equivalent) the power to punish the employer.
Get Legal Help to Protect Yourself from Unsafe Conditions at Work
If you are concerned about your safety and health on the job, have observed dangerous working conditions, or have sustained a work-related injury, our firm can help.
Contact us for a free consultation: (804) 251-1620 or (757) 810-5614. We want to ensure you have a safe work environment and get every medical treatment and penny you deserve for your injuries.
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