No matter what your job is, your employer is
required by law to make it safe for you to work. The Occupational Safety and
Health Act of 1970 (OSH Act) was made to prevent workers from being injured or
killed in the workplace. This law created the Occupational Safety and Health
Administration (OSHA).
OSHA is there for you, your safety, and your
legal protection. Read on to understand OSHA and your legal right to working
conditions that are free of danger.
Know Your Rights
The OSH Act and its enforcement agency, OSHA,
place worker safety under strict government protection. OSHA offers training
and assistance to employers but exists for the rights of employees.
Your OSH Act Rights
Here are a few of your basic rights under the
law:
·You have the right to
basic training on equipment and procedures in a language you can understand. If
English is not your primary language, your workplace must provide an
appropriate translation.
·You have the right to
file complaints with your employer anonymously and without repercussions.
·You should be able to
participate in OSHA inspections and have the ability to speak privately with
inspectors.
If any of these rights are restricted at your
workplace, your employer could be in violation of OSHA.
Your Employer OSH Act
Mandates
Your employer is required to follow
several important rules. They must:
·Display the official
OSHA poster detailing your employer rights
·Regularly test air
quality and other environmental standards, where required
·Provide appropriate
training, alarms, labels, and signs regarding potential workplace dangers
·Report injuries,
illnesses, hospitalizations, amputations, eye injuries, and death
If your employer fails these mandates and
accidents occur, you could have a case for employer negligence.
Evaluate Your
Workplace Conditions
When you know your rights and the
responsibilities of your employer, you can take charge of your safety and
health and check for OSHA compliance at your workplace.
Common Workplace
Hazards
According to a comprehensive workers’
compensation study, material handling, trip and fall accidents, object
collisions, tool use, and repetitive trauma are the top five causes of
workplace injury. Manufacturing, construction, agricultural, and health care
jobs often top the ranks for workplace injury claims. However, all workplaces
can pose potential risks that should be evaluated.
Workplace Hazard
Evaluation
Although you may perform a job with some
inherent dangers, these should be controlled as much as possible. Ask yourself
a few important questions:
·Do I receive proper
training on the equipment I am required to use?
·Am I given proper personal
protective equipment (PPE), such as masks, earplugs, gloves, and hard hats?
·Does my workplace have
adequate ventilation and climate control?
·Are complaints treated
with respect by my supervisor?
·Have I seen injuries
happen or heard my coworkers complain of chronic pain and health issues that
could be job-related?
·Have my coworkers been
disciplined or even fired over safety complaints?
·Do I feel safe and
protected at my workplace?
If you answer no
to any of
these questions, you may need to take action to protect your rights.
Stand Up for Your
Rights
If you find that your employer is in violation
of your OSHA protections, you can take action in the following ways.
Report Hazards
If you notice unsafe working conditions, you
should report them for both your safety and that of your coworkers. You can
report unsafe conditions, such as:
·Excessive heat
·Missing guards on
equipment
·Lack of proper safety
signage
·Slippery surfaces
·Heavy fumes
Seek Legal Help
Several employer actions, whether direct or
due to negligence, may qualify you for monetary compensation:
· Illegal
disciplinary action.
You
are unfairly targeted when you speak out about or report workplace risk.
· Illegal
termination.
You've been fired for
being a whistleblower, exposing safety hazards, or refusing to perform tasks
under unsafe conditions.
· Workplace
Injury.
You received a direct
injury, such as a cut, sprain, break, burn, or concussion. You received the
injury due to hazardous conditions, excessive strain, missing or faulty machinery
guards, or the lack of proper PPE.
· Chronic
health issues.
You suffer from health
problems caused by dangerous workplace exposure levels, like chemical fumes,
dust, and other toxins. You suffer from ailments like arthritis, tendinitis,
and back pain due to excessive job task strain.
If any of the above situations apply to you,
or if you have questions about potential OSHA violations at your workplace,
contact the Law Offices of David A. Helfand, P.A. Our legal team can help you take the action
required to ensure your employee protections.
