Using Your Rights Under the OSH Act of 1970
Many construction workers know of OSHA only as the organization that doles out all of the safety regulations and holds cumbersome inspections. But what they don’t realize is that OSHA is tasked with ensuring that employers are protecting their employees’ right to a safe workplace. The Occupational Safety and Health Act of 1970 was passed to keep workers safe while on the job. It wasn’t passed to be a thorn in anyone’s side.
The OSH Act created the Occupational Safety and Health Administration (OSHA). This federal agency developed the safety and health standards and is responsible for ensuring they are adhered to. Though the rules can seem cumbersome, they truly are in place for your best interests.
Last month our blog discussed the rights you are afforded via the OSH Act and how to go about invoking your rights without fear of retaliation, receiving information and training about safety, and asking OSHA to inspect your workplace. In addition, the official OSHA website details exactly how you can go about using these rights to your advantage.
In regard to asking OSHA to inspect your workplace, the website states:
Workers, or their representatives, may file a complaint and ask OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA standards. A worker can tell OSHA not to let their employer know who filed the complaint. It is a violation of the Act for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights.
You can file a complaint online; download the form and mail or fax it to the nearest OSHA office; or call 1-800-321-OSHA (6742). Most complaints sent in on line may be resolved informally over the phone with your employer. Written complaints that are signed by a worker or their representative and submitted to the closest OSHA office are more likely to result in an on-site OSHA inspection.
When the OSHA inspector arrives, workers and their representatives have the right to:
- Go along on the inspection.
- Talk privately with the OSHA inspector.
- Take part in meetings with the inspector and the employer before and after the inspection is conducted.
Many construction workers we’ve talked with had a feeling their employer wasn’t adhering to OSHA standards or had an inkling that their job site was not safe, but they didn’t realize they could do anything about it.
GINARTE Construction Accident Attorneys
As a worker, you might not be aware of all of your rights, and that’s understandable. But after you are hurt in a construction accident, you need someone on your side who understands what you are going through and also understands your rights as an employee.
If you’ve been hurt in a fall, an equipment malfunction, or any other construction accident, the construction attorneys with the GINARTE firm may be able to help.
Contact our New York / New Jersey construction accident lawyers today by calling (888) GINARTE or use our online contact form. We can offer you a free consultation on your case and some potentially valuable insight into your rights.
