OSHA Violations
Here at Chain | Cohn | Clark, we represent the rights of those who have suffered injuries in the workplace. OSHA, which stands for the Occupational Safety and Health Administration, exists to regulate and protect the safety of employees in each and every field of work in the United States. From construction and oilfield work to medical work, OSHA protects them all. Chain | Cohn | Clark works closely with OSHA to represent the rights of those who may have suffered violations in the workplace.
What To Do If You Feel Your Workplace Rights Have Been Violated
OSHA regulations exist for a reason. If you feel that any of your rights have been violated, first try talking to your employer or human resources representative. After you do that, or if that is not possible, then you will need to file an OSHA violation complaint. Once the complaint is filed, your employer will be notified. If necessary, OSHA will perform an at-work inspection and the case may or may not have to go through the legal system.
The OSHA Act – Workers’ Rights
The OSHA Act provides workers the right to a safe and healthful work environment. Here’s a breakdown of what worker and employer rights.
All Workers Have the Right to:
- A safe workplace.
- Raise a safety or health concern with your employer or OSHA, or report a work-related injury or illness, without being retaliated against.
- Receive information and training on job hazards, including all hazardous substances in your workplace.
- Request an OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. OSHA will keep your name confidential. You have the right to have a representative contact OSHA on your behalf.
- Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector.
- File a complaint with OSHA withing 30 days (by phone, online or by mail) if you have been retaliated against for using your rights.
- See any OSHA citations issued to your employer.
- Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log.
Employers Must:
- Provide employees a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness.
- Comply with all applicable OSHA standards.
- Report to OSHA all work-related fatalities within 8 hours, and all inpatient hospitalizations, amputations and losses of an eye within 24 hours.
- Provide required training to all workers in a language and vocabulary they can understand.
- Prominently the OSHA Act poster in the workplace.
- Post OSHA citations at or near the place of the alleged violations.
How to Report OSHA Violations
- Online. Perhaps the easiest way to file an OSHA violation report is online. Try to reserve this method for smaller and simpler violations. Click here to submit an online form
- Telephone. You can discuss or file your complaint by calling OSHA at 1-800-321-OSHA.
- Fax or Mail. First download the OSHA complaint form, fill it out and mail or fax it back to your local OSHA Regional or Area Office. Click Here For Mailing Information
Find Your Local OSHA Office or Call 1-800-321-OSHA
When to Call Chain | Cohn | Clark for Legal Representation
After you file your claim, you may find yourself in need of professional legal representation. Often, signed claims filed by fax or mail will require the eventual assistance of a legal professional. Our OSHA violation lawyers can help with everything from filling out and filing the initial paperwork to potentially representing you in a court of law. Call us at (661) 616-9829 to schedule a free consultation today.
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