OSHA and Safety Regulations

The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA) within the Department of Labor. OSHA’s mission is to reduce workplace hazards and improve workplace safety and general work conditions. OSHA’s inspections have led most states to adopt safety regulations covering the construction industry and construction sites. OSHA regulations and their legal effect varies, depending on the law in the state where the injury occurs. In some jurisdictions, proving an employer or contractor’s negligence only requires proof that an injury was caused by violation of an OSHA regulation. The issue of legal responsibility for ensuring compliance with safety regulations depends on who (such as a site owner or contractor) is in control of a job site or activity when and where the injury occurs.

While OSHA regulations are an important legal standard, other standards may be considered in determining liability for a construction-related accident or injury. Often, property owners and contractors have their own general safety rules and guidelines. In some cases, specific rules may be designed for a specific site or project. Violations of these rules can also support a claim of liability.

• Review copies of all relevant legal standards, regulations, rules and requirements. The employer should have these available at the workplace.
• Get access to relevant employee medical and exposure records.
• Request an OSHA inspection if hazardous conditions or standards violations exist in the workplace, and to have an authorized representative of the employees present during the inspection.
• File a written complaint with OSHA and have the complainant’s name withheld upon request.
• Avoid any discriminatory or retaliatory action by the employer as a result of the OSHA complaint.

OSHA places a number of requirements upon employers, including the requirements to:

• Provide a workplace and occupations free from dangerous conditions or hazards.
• Inform employees of all relevant health and safety standards within the workplace.
• Display an official OSHA poster describing the rights and responsibilities required by the OSH Act.
• Establish a written hazard program for employees, including container labeling, material safety data sheets, and an employee safety training program.
• Inform employees of the availability of their medical and exposure records upon hiring and once annually, and to provide the records upon request.
  
  

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.