OSHA and Employee Workplace Rights

OSHA safety standards and regulations apply to construction projects, so it is helpful to have a general idea of your rights under OSHA as an employee at a construction job site. If you or your loved one has suffered injuries as the result of a construction accident, consult an attorney to learn more about your rights regarding compensation. A lawyer experienced in construction accident and injury litigation can explain your rights to you.

Employee Rights Under OSHA

The Occupational Safety and Health (OSH) Act of 1970 created the Occupational Safety and Health Administration (OSHA) within the Department of Labor with the mission to reduce workplace hazards and create a system of health and safety regulations and programs.

Under OSHA, employees are granted certain rights, including:

• The right to obtain training from their employer on any chemicals or other hazardous materials they may be exposed to or working with, such as blood-born pathogens
• The right to information about OSHA standards, job hazards, worker injuries, and workers' rights from their employer
• The right to request that a dangerous condition or OSHA violation is corrected by their employer
• The right to file a complaint to OSHA of a violation or serious hazard in the workplace and to have their name withheld from their employer open request to OSHA
• The right to be involved in any OSHA inspection, find out the results of the inspection, and, if necessary, appeal the final action
• The right to file a complaint to OSHA without possibility of retaliation or other discriminatory acts by their employer

Employer Obligations Under OSHA

Among the obligations imposed under OSHA, employers have a duty to:

• Provide employees a reasonably safe work environment free from recognized hazards
• Comply with OSHA standards and ensure the work environment conforms with those standards
• Provide employees with the appropriate safety equipment and training and maintain the safety of the equipment
• Post the OSHA poster that lists employees' rights and obligations in a prominent location
• Keep records of all work-related injuries and illnesses and provide access to this information to employees, former employees, and their authorized representatives
• Do not retaliate or discriminate against employees who file a claim with OSHA or otherwise exercise their rights under OSHA

Employees also have certain obligations under OSHA, including compliance with OSHA and employer safety standards, use all necessary protective equipment (like ear plugs, safety goggles), and report any on-the-job injuries or illnesses to their employer immediately.

OSHA Inspections

If an employee believes that his or her workplace is hazardous or is otherwise dangerous, the employee can submit a written complaint to the nearest OSHA office. OSHA then will make a determination of whether there are reasonable grounds for believing a violation or other danger exists and whether a workplace inspection is necessary. If it is determined that one is necessary, an inspector will visit the worksite and inspect the premises for unsafe working conditions. During this inspection, a representative of the employer and a representative of the employees may accompany the OSHA inspector during the walk-around. The employer is not allowed to choose the employee's representative. The inspector also may collect evidence during the inspection, including taking photographs and samples, and interview employees and employers. The inspection by the OSHA representative is not limited by the conditions listed in the complaint and he or she may review the entire premises. There are few limitations on the inspection itself: it may not disrupt the employer's operations, it must be during regular business hours and it must be reasonable in nature.

If you suspect that your employer is in violation of OSHA requirements, or if you have been injured as a result of an OSHA violation, contact an experienced attorney in your area. An attorney with experience in handling construction site injury and OSHA violation cases will know how to uncover all of the parties who may be responsible for your injuries.

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