Each state has laws and regulations that are supposed to keep employees safe at work. So, if you are a construction worker, you should understand the laws and rights that protect you at work. This way, you will also know when your employer might be breaking those laws. Similarly, you should know how to report an unsafe work condition. Understanding the law also means that you should have an idea about what to do when you are fired for reporting safety violations.
Read on to learn more.
Why Understanding Your Rights Matter?
You should know that safety-related cases can be incredibly valuable. If you don’t know the basic information regarding your rights as an employee or worker, you might never know that you have a case, the right to sue, and the right to get a lawyer for your compensation.
Since the law differs from state to state, always consult with a lawyer from your state to make sure that your rights are protected. For instance, if you are a construction worker in Albany and you sustain an injury at work, contact the Albany Construction Accident Lawyer, as they will have handled cases like yours before, which will put them in the best position to help you and ensure you are compensated for your past and future medical bills, lost earnings, and pain and suffering.
How Has the Law Changed Over Time?
Many years ago, there were no safety standards for employees in American workplaces. This aspect led to thousands of unnecessary deaths and injuries. Believe us when we tell you that the rights of employees were next to non-existent. As a matter of fact, some ruthless employers drove their employees hard in their selfish quest for profits. Simultaneously, if an employee got injured or killed, the company didn’t care.
As a matter of fact, back in the day, the company, in the event of their employee’s death, went on to replace them with another worker and carried on their business as usual.
Today’s Laws Are Protective About Workers
Finally, after tons of debate, the federal and state governments have effectively started to regulate safety at work. Until now, thousands of laws and regulations have been passed that companies must comply with today. If companies fail to comply with the law, they are penalized by the following:
- Fines
- Lawsuits
- Criminal Penalties
- Civil Damages
So, employers have to follow a set of obligations as per the federal and state laws.
What is OSHA?
It is important to talk about OSHA when it comes to workplace safety. If you are wondering what OSHA is, you should know that in 1970, the federal government passed OSHA, which stands for the Occupational Safety Health Act. Essentially, this act sets forth the basic safety regulations that apply to all employees in the USA.
Some states also have additional regulations to the federal regulations. Nonetheless, all of the laws are established to establish healthy and safe working conditions for all employees working in companies in the country. With some exceptions, OSHA laws apply to all employees irrespective of whether they work for a small, private, little company or whether they work for the federal government or a large company.
Understanding the Most Important Aspect of OSHA
As an employee in the USA, you should know about “general duties,” which are the general lawful requirements that every workplace has. This aspect is essentially the bare minimum that every workplace within the USA, regardless of the industry or task, must comply with.
The General Duties Under OSHA
Under “general duties,” every employer is legally required to provide its employees with a workspace that is free of hazards that are causing or might cause serious injuries or death to employees. The employer is also lawfully obligated to comply with OSHA and its set safety standards. On that note, employers must do everything that is legally necessary to protect the life, safety, and health of all their employees.
Employers are not legally allowed to require an employee to go to an unsafe workplace or a place of unsafe work. Again, as the law differs from one state to another, you must speak to a lawyer from your state as they might have added laws regarding employee safety under the section of general duties.
What Kinds of Injuries Does the Law Seek to Prevent?
There are certain types of injuries that the state and federal laws seek to prevent. Basically, these injuries seek to reduce physical injuries and death.
Primary Focus: Personal Injuries and Death
So, the primary focus is on the employee’s physical safety. Except in several circumstances, OSHA does not directly address and regulate psychological safety for employees.
An example of this would be bullying and harassment. Nonetheless, the law protects workers against discrimination at work, which can lead to wrongful termination. In this case, an employment lawyer or a wrongful termination lawyer can help the affected employee.
Secondary Focus: Workplace Violence
OSHA also attempts to regulate workplace violence. On that note, the employees who have experienced acts of violence at work or might have become aware of threats, intimidation, or other potential indications that show that the potential for violence exists at their workplace – should put their employer on notice that violence might happen.
After getting notified, the employer or the company is supposed to take action to prevent workplace violence from happening. If they don’t do so, there are consequences.
There Are More Regulations Apart from General Duties
As an employee in the USA, you should know that there are many more regulations apart from the general duties of OSHA that apply to most industries. For instance, if you are a construction employee, you must oblige to PPE, which is about safety equipment where your employer has the duty to furnish you and other employees with necessary and effective safety devices.
These safety devices can include helmets, gloves, belts, outerwear, respirators, face guards, and protective footwear.
Depending on the state’s law, PPE is typically provided at the employer’s expense. Beyond that, employers must ensure that each employee is instructed by the manufacturer and uses the PPE accordingly.
Similarly, the employer is legally obliged to disclose any potential hazards to the employees. The employer must inform their employees and warn them of the hazardous chemicals to which the employees might be exposed in the workplace.
