Workplace Safety Violations: How OSHA Protects Your Rights

When you show up to work, you should not have to worry about safety or health risks. Federal laws require your employer to provide a safe workplace and take action to resolve any health concerns. The Occupational Safety and Health Administration (OSHA) plays a vital role in ensuring workplace safety and protecting worker rights.

This is an overview of worker safety protections under OSHA and how workers can enforce their legal rights. For more information about how OSHA protects your rights, talk to a local employment and labor lawyer.

Introduction to OSHA and Workplace Safety

The Occupational Safety and Health Administration (OSHA) is a federal agency that regulates workplace safety. OSHA is a branch of the U.S. Department of Labor (DOL). OSHA inspects and examines worksites to assure safe and healthy working conditions. OSHA establishes safety standards, provides training, and enforces workplace safety laws.

Congress passed the Occupational Safety and Health Act of 1970. According to OSHA, worker fatalities have dropped from about 38 workers a day in 1970 to 15 a day in 2023. Workplace injuries and illnesses have also fallen from about 10.9 percent in 1972 to 2.4 percent in 2023.

Most private sector employers fall under OSHA authority. OSHA also protects most federal workers, except when another safety agency has jurisdiction. OSHA does not apply to self-employed people and some family farm workers. Generally, independent contractors are not covered employees and may have limited workplace safety rights.

Federal OSHA also works with state OSHA-approved job safety and health programs. Some states have stronger safety programs than federal government regulations. Talk to a local workplace safety lawyer to understand the employment and labor laws where you work.

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Employee Rights Under OSHA

OSHA requires employers to provide a safe work environment for employees. Employers have a duty to identify serious hazards and resolve safety and health concerns. Employer responsibilities include:

• Informing workers about known safety risks
• Providing safety training
• Making personal protective equipment (PPE) available

OSHA may require industries with higher risks of injuries or exposure to hazardous conditions to monitor the work environment, including chemical exposure and air sampling. Other types of jobs may require hearing exams and medical testing.

OSHA sets permissible exposure limits to limit exposure to hazardous substances. Employers must provide Safety Data Sheets and training for hazardous chemicals and substances. Employees have the right to see the results of workplace hazards testing.

OSHA requires employers to post health and safety legal information, including employee rights and safety responsibilities. When there are work-related accidents or injuries, employers must investigate the accident and keep medical records of workplace injury incidents.

OSHA Standards and Regulations

OSHA safety and health standards depend on the type of industry and are divided into four categories:

• General industry
• Construction
• Maritime
• Agriculture

All employers have a general duty clause for workplace hazards. According to OSHA, the most common workplace safety violations in general industry involve fall protection, hazard communication, hazardous energy control, and respiratory protection.

Construction work has some of the highest rates of work-related injuries and fatalities. The majority of these fatal accidents involve falls, strikes by objects, electrocution, and caught-between accidents. The most common safety standard violations in construction involve ladders, fall protection training, scaffolding, and eye and face protection.

Employers must have an emergency action plan (EAP). Employers must develop EAPs and training for evacuations, emergency response, and reporting emergencies. EAPs are based on the specific worksite and emergency systems. Employers and workers must regularly review progress and plan details.

Enforcement of OSHA Regulations

OSHA inspectors review, investigate, and ensure compliance with federal and industry regulations. OSHA enforcement responsibility covers about 7 million worksites. Inspectors prioritize investigating the most hazardous workplaces, based on the following:

• Imminent danger situations
• Severe injuries and illnesses
• Worker complaints
• Referrals
• Targeted inspections
• Follow-up inspections

For serious health and safety hazards, OSHA compliance officers do an on-site inspection. Inspections start with researching the company’s inspection history. Investigators review injury and illness records and inspect hazards that could lead to injury or illness.

If the inspector finds OSHA violations, they can issue citations and fines. Citations will indicate the type of violation, proposed penalties, and corrective measures. Penalties for OSHA violations depend on the seriousness of the violation, repeated violations, and whether a small business acted in good faith to correct the violations.

Steps To Take if You Encounter Workplace Safety Violations

Your workplace should have a policy for reporting unsafe working conditions. Report possible safety concerns to your supervisor or safety team. Your employer should take corrective action to address any possible dangers and safety hazards. If your supervisor does not address the dangers or ignores your concerns, you can file a complaint with OSHA or your state safety agency.

File an OSHA complaint as soon as possible. There is a limited time for OSHA to issue citations for safety violations. To report unsafe or unhealthy conditions, contact your local OSHA office or call 800-321-6742 (OSHA). You can also contact OSHA online to file a complaint. You can file your complaint anonymously or have someone else file for you. However, OSHA indicates a signed complaint is more likely to lead to an onsite inspection.

Retaliation and Whistleblower Protections

Employees should report safety concerns for their own well-being and the safety of their coworkers and others. Some employers discourage reporting safety concerns because of prior citations and violations of OSHA. If you think your employer could discipline you for reporting workplace safety hazards, OSHA protects your reporting rights.

Under OSHA, you have the right to file a confidential complaint requesting an OSHA inspection. Employers cannot retaliate against workers for reporting safety issues or cooperating with an OSHA investigation.

Retaliation against whistleblowers is illegal. You can file an OSHA complaint if your employer discriminates against workers for exercising their workplace safety rights. You can also file a wrongful termination claim against your employer.

Legal Help With Workplace Safety Violations

Most workers have workers’ compensation coverage to help them after a work-related injury. However, OSHA does not regulate workers’ comp. State laws regulate workers’ compensation coverage and benefits. If you have questions about getting compensation and healthcare after a workplace accident, talk to a workers’ comp attorney.

You have up to 6 months after a workplace safety violation for OSHA to issue a citation. But timelines for OSHA retaliation claims can vary. If you’re not sure how to make a complaint or whether you want to remain anonymous, talk to an attorney. Contact a labor and employment lawyer for legal advice about filing a claim and protecting your rights.