In a workplace, all employees should feel safe while working and performing their daily duties. Ensuring a healthy and safe environment is vital for all employees. Unfortunately, despite the strict regulations to ensure all employees work in a healthy and safe environment, violations occur occasionally, putting your well-being and life at risk.

That is where the OSHA (Occupational Safety and Health Administration) comes in. OSHA oversees the health and safety conditions in all workplaces across the country. In other words, OSHA ensures all employees have a healthy and safe working environment.

Whether working in manufacturing, construction, or any other industry, understanding your legal rights under OSHA is vital for maintaining a healthy and safe working environment. If your employer has violated or breached OSHA regulations by exposing you to an unsafe working environment, our attorneys at Stop Unpaid Wages would gladly help you wherever you are in California.

Understanding What OSHA is

OSHA is a federal agency whose primary task is setting up workplace health and safety regulations across various industries nationwide. These regulations, also known as OSHA standards, address a wide range of possible workplace hazards, from safely operating large machinery to exposure to harmful or toxic substances.

Your employer must adhere to these regulations to reduce the possible dangers in their workplace and protect you as an employee. OSHA designs its regulations to reduce or eliminate workplace-related hazards that workers can experience. That means employers must adhere to all the specific health and safety regulations. For example, an employer should:

• Provide proper ventilation

• Ensure all machinery is safe to use

• Reduce exposure to toxic substances

• Implement rules that can help reduce fall accidents

A safe working environment should also meet ergonomic standards that help prevent or lessen repetitive strain injuries. In addition to issuing fines to employers who violate these rules, OSHA is also responsible for investigating businesses to ensure compliance and investigating workers' complaints regarding health and safety issues in their workplace.

On top of the OSHA fines and penalties, you can also sue your employer if your injury is due to your employer's gross negligence. The fines an employer can face for these violations could amount to up to $16,131 as of 2024, but OSHA could waive them in some cases when it finds it appropriate.

An employer with few workers or no past violation issues can sometimes “receive a pass.” However, even an OSHA warning is a major concern, and frequent or repeat violators are likely to pay hefty fines of up to $161,323.

Your Rights as an Employee Under OSHA

Although OSHA focuses on finding employers who violate its standards and creating new regulations, its primary purpose is to protect workers from unhealthy conditions and unsafe work environments that could make them needlessly injured or ill.

Aside from safeguarding workers' rights to a reasonably safe and healthy workplace, OSHA also includes particular rights and regulations regarding how the system functions. For example, you have a right to:

1. A Safe Workplace

As an employee, you have a legal right to a working environment free from severe recognized hazards. A hazard is typically anything that can cause you to sustain an injury or become ill.

2. Receive Information

As an employee, you should have access to information about possible hazards you may face in your workplace. The employer must ensure you have access to this information by providing a Safety Data Sheet that lists any dangerous chemicals he/she uses in the work area. These sheets also highlight the precautions you can take to ensure your safety when handling these chemicals.

You should also request a copy of your workplace’s illness and injury report. To ensure every employee knows his/her rights and responsibilities, the employer should place OSHA posters in prominent work areas.

3. Training

Another critical aspect of OSHA is that all employees receive training on safety protocols relevant to their job duties. The training is not just a formality but a thorough program intended to give you, the employee, the abilities and information required to manage any potential risks present in the workplace.

In addition to training, OSHA ensures that your employer provides you with protective gear, including protective clothing, safety goggles, hard hats, safety boots, and respirators.

4. Request an OSHA Inspection

If you believe your workplace does not adhere to OSHA standards or is unsafe, you have the right to request an inspection by OSHA officials. You can do this confidentially to avoid any risk of your employer retaliating against you. During this inspection, the OSHA personnel will evaluate the workplace to determine if your employer has violated safety standards.

5. Report Illness and Injuries

When you suffer an injury or develop an illness in your workplace, you should report it to your employer. Your employer must keep updated records of workplace-related illnesses and injuries. Reporting your workplace-related illness or injury is paramount because it helps pinpoint and address possible hazards.

6. Protection Against Any Form of Retaliation

After requesting an OSHA inspection, your employer could retaliate against you by harassing, demoting, transferring, or firing you. Fortunately, OSHA protects you from any kind of retaliation by the employer for reporting any workplace-related hazard or injury. When that occurs, you can sue your employer for damages.

Alternatively, you can report the retaliation to OSHA, and they will investigate the case and, if necessary, take appropriate action against your employer.

Tips on How to Remain Safe in Your Workplace

When your employer violates the workplace's OSHA standards, it puts you and your colleagues at risk of health issues and injuries. Employers should be aware of these rules, but it is equally important for you, the employee, to understand their relevance to your situation. Maintaining your safety at work may depend on this, but there are other options as well, such as:

• Attending safety training — Ensure you attend any scheduled safety training session and ask questions about anything you don’t understand

• Reporting hazards — Generally, the most practical way you can remain safe in your workplace is by reporting all hazards you notice on your line of work.

• Using PPE (Personal Protective Equipment) — Regardless of your occupation, wearing the necessary PPE for the job is important, including gloves and goggles

• Following safety procedures — Ensure you comply with all the safety guidelines and protocols provided by your employer, including how to operate machinery and equipment properly

• Participating in workplace-related safety committees — Many workplaces often schedule “safety committees” to pinpoint hazards and create the best remedies to enhance workplace safety. Hence, taking part in these safety committees can go a long way in keeping yourself and other co-workers safe

• Staying hydrated and taking breaks — If you work outdoors or your job requires physical labor, staying hydrated and taking breaks can help you avoid exhaustion and dehydration

• Practicing excellent ergonomics — While it could seem simple, practicing excellent ergonomics by using ergonomic furniture and maintaining ideal postures is important. Regular breaks for stretching can also assist you in avoiding injuries caused by repetitive motion

While the above steps will not prevent workplace-related accidents, they could help lessen the likelihood and risk of developing illnesses and sustaining injuries at work.

How Employers Violate Safety Regulations Set by OSHA

OSHA's safety rules are intended to be comprehensive, meaning a wide range of industries can use them. More importantly, OSHA mandates that employers know and abide by their rules and regulations.

Generally, employers are legally responsible for comprehending and adhering to OSHA safety and health regulations. However, that does not mean all employers will comply with these regulations. Here are some of the common OSHA health and safety violations by employers:

• Record-keeping violations — An employer violates OSHA regulations when he/she fails to maintain accurate and timely records of workplace-related safety training, illness, and injuries. Falsifying safety and health records is also prohibited by OSHA

• Failing to offer employees training — Another common OSHA violation occurs when an employer fails to provide employees with thorough training on how to handle hazardous substances safely, operate machinery, and detect workplace hazards

• Providing an unsafe work environment — An employer violates OSHA regulations when he/she fails to ensure his/her workplace is safe for you as a worker and fails to provide you with safety gear that can help protect you from possible hazards

• Failing to provide adequate PPE — One of your employer's responsibilities under OSHA is to provide you with proper PPE, including goggles, safety boots, hard hats, and gloves to protect you from possible workplace hazards. Therefore, failing to do that or ensure that all employees have their proper PPE while working violates OSHA regulations

These are a few ways your employer can breach OSHA regulations designed to protect you as an employee. Despite being responsible for ethically and legally abiding by them, some employers will still overlook or fail to adhere to them. Understanding and recognizing these common violations is important in keeping yourself and your workmates safe.

How to Document Workplace-Related Safety and Health Violations

Effectively reporting a safety and health violation at your workplace requires proper documentation. Here are tips on how to gather and compile the best information:

• Take notes — Ensure you record all the specifics of the suspected violation, including the description, time, date, and location

• Videos and photographs — Taking pictures of the unsafe environment in your workplace can also help when requesting the OSHA inspection

• Witness statements — Before you request an OSHA inspection, you would also want to collect testimonies of colleagues who have witnessed the unsafe conditions or sustained injuries due to the violation

• Training records — Training records can also help prove you have not received adequate training on safety hazards inherent in your workplace and how to prevent them

• Medical records — If the violation or unsafe work environment has caused you to sustain an injury or become ill, you should secure medical reports and records documenting the injury's severity.

These documents can help prove the duration and seriousness of your workplace's safety and health issues, necessitating a quick OSHA inspection and safety enforcement.

Actions to Take When You Suffer a Work-Related Injury or Become Sick

When you suffer a work-related injury or develop an illness, taking immediate and appropriate actions is crucial for both legal and health reasons. Here is what to do when you develop a work-related illness or suffer an injury:

Inform Your Employer

Informing your employer about your work-related illness or injury should be your first step because this step initiates your workers' compensation claim. Ensure you follow your workplace protocols for reporting a work-related injury or illness.

Seek Medical Attention

Even when you believe your work-related injury or illness is not severe, seeking medical attention is important because some injuries could grow severe with time. A doctor will examine the severity of the injury and recommend appropriate treatment. Additionally, a doctor's documentation of the injury and the cost of treatment can help strengthen your workers’ compensation claim.

Your doctor's medical documents of the injury can help show its connection with your work duties, increasing your chances of securing compensation for your losses.

Seek the Services of an Attorney

You cannot overlook the role of an attorney if you have sustained a work-related injury or developed an illness. In addition to offering your legal guidance and advocating for your rights, your attorney will provide you with legal representation at every stage of the claim process to secure a favorable outcome.

Ensure the attorney you choose understands OSHA regulations and has experience helping clients receive workers' compensation benefits after sustaining work-related injuries or developing illnesses. If your employer has breached OSHA regulations that help ensure your safety in the workplace, your attorney can advise you on appropriate legal action to take.

When looking for a reliable attorney for your claim, you should ensure he/she is qualified, licensed, seasoned, and reputable for the best possible outcome.

File a Workers' Compensation Claim

If you have become ill or sustained an injury due to a work-related injury, you could qualify to receive workers' compensation benefits. Your attorney can help prepare your claim and attach all the necessary evidence to prove you deserve the utmost compensation. The workers' compensation benefits will cover your losses, including lost wages and medical expenses you have incurred due to the work-related injury.

File a Lawsuit Against Your Employer

With the legal assistance of your attorney, you can also sue the employer for violating workplace safety requirements. That could include failure to provide you with a safe work environment, negligence, or breach of any specific OSHA standard. If your lawsuit is successful, the court may award back pay, job reinstatement, attorney’s fees, and other damages, depending on the case.

It is worth noting that there are strict deadlines for taking legal action or filing complaints related to workplace health and safety issues. Hence, acting swiftly before the deadline expires is crucial if you think your employer has breached OSHA regulations.

Generally speaking, depending on the exact type of OSHA violation, you have between 30 and 180 days to file a complaint against your employer. If you have an experienced attorney, he/she can help you file your complaint or claim before the set deadline expires.

Your Options When an Employer Retaliates Against You for Filing an OSHA Complaint

Unfortunately, your employer could discriminate against you for doing the right thing. When you file an OSHA complaint that exposes his/her violations and wrongdoings in the workplace, you become a whistleblower. However, as a whistleblower, it will be unlawful for your employer to retaliate or discriminate against you.

Retaliation or harassment for filing an OSHA complaint could occur in various ways, including (but not limited to) the following:

• Demotion

• Threats of discharge

• Termination of your employment

• Employment suspension

• Failing to offer you a pay raise

• Transfers to undesirable shifts

• Cutting your hours or pay

Pay attention after filing an OSHA complaint to notice when your employer discriminates or retaliates against you. According to Labor Code 6310, it is illegal for an employer or a person acting on his/her behalf to discriminate or retaliate against you for filing an OSHA complaint. It is worth noting that this anti-discrimination statute applies to all types of businesses, including state-owned or governmental agencies.

If you believe your employer has retaliated or discriminated against you, you can file an OSHA complaint or a discrimination lawsuit against him/her. If your discrimination lawsuit against the employer is successful, the court could require the employer to pay you the salary you would have earned if he/she had not fired you or terminated your employment.

In a nutshell, you could qualify for the following compensatory damages if your discrimination lawsuit is successful:

Attorney’s Fees

Since hiring an attorney to represent you in the lawsuit is not cost-free, the court will expect your employer to compensate the legal fees you have incurred, including court fees.

Emotional Distress

While these losses are subjective, the court could award you compensatory damages for emotional distress if your workplace discrimination lawsuit is successful. These are monetary damages for all the stress, mental anguish, emotional distress, and pain caused by the prejudice.

Punitive Damages

Depending on the facts of your unique case, the court could also award punitive or exemplary damages to punish your employer for their conduct and deter similar violations by others. To qualify for these damages, your attorney must prove that your employer discriminated or retaliated against you by oppression, malice, or deception.

Having an aggressive and experienced employment attorney in your corner is key to securing the utmost compensatory damages for your losses.

How to Deal With Non-imminent and Imminent Dangers in Your Workplace

As mentioned in the previous paragraph, all employers are legally required to take reasonable steps to ensure their workplaces are safe and healthy for employees. For example, by doing the following:

• Ensuring the workplace is hazard-free

• Actively looking for hazards in their workplace to minimize or remove them

• Warning you of the possible dangers in their work areas, including those that can be fixed

• Providing you with all the necessary safety and protective gear

However, sometimes your employer can neglect to take these steps, or danger arises regardless of his/her efforts to avoid it. When that happens, the steps you should take will depend on whether the danger is non-imminent or imminent, as described below:

Non-imminent Dangers

While some dangers are non-imminent, meaning you are not likely to suffer immediate harm when you ignore them, it does not mean they are not dangerous. A non-imminent threat does not mean you should stop working immediately, but you should inform your supervisor, manager, or employer and request that the issue be fixed.

Also, if the danger is due to a breach of OSHA regulations, you should file a complaint with them as soon as possible.

Imminent Dangers

When a workplace condition puts your health and safety at risk and the danger is imminent, you may refuse to work under that condition and report the issue to OSHA as soon as possible. As long as you sincerely believe in good faith that your health and well-being are at risk in your workplace, you have a legal right to decline to work in that environment until the issue is investigated and fixed.

If your employer refuses to investigate the issue or fix it and then terminates your employment for declining to work, you can seek OSHA's assistance. Losing your job for putting your safety first is unacceptable, and your attorney can help you seek justice and hold the employer accountable.

Find a Reliable OSHA Attorney Near Me

OSHA regulations and standards are in place for a great reason. That is to keep you and your colleagues safe and healthy while at work. If you believe your employer has breached OSHA regulations or you have sustained an injury or developed an illness due to a workplace safety violation, speak with an experienced OSHA attorney as soon as possible to protect your rights and begin the claims process.

At Stop Unpaid Wages, we are available 24/7, ready to help you with workplace health and safety issues, including those that involve OSHA violations. We invite you to call us at 424-781-8411 to discuss your unique workplace safety and health issues with our experienced OSHA attorneys wherever you are in California.