Occupational Safety and Health Act Violations

A Bronx Employment Law Attorney Explains Your Rights Under the Occupational Safety and Health Act (OSH Act)

The Occupational Safety and Health Act (OSH Act) was created as a means to increase the protections for employee safety from occupational hazards. Under the OSH Act, employers are obligated to maintain a safe work environment free from known hazards. Failure to maintain the safety of the workplace could potentially lead to violations under the OSH Act. If you were injured while on the job, contact a Bronx employment law attorney to see if you have a case against your employer.

A Bronx Employment Lawyer Explains How to Protect Your Rights Under the OSH Act

Under the OSH Act, every employee is entitled to a workplace that is safe and free from occupational hazards. If you discover a condition in your workplace that you believe is unsafe, direct your complaint to the appropriate supervisor. If after an appropriate amount of time has passed your employer has failed to correct the occupational hazard, you can contact the Occupation Safety and Health Administration (OSHA) to file a complaint. Prior to filing a complaint, it may be beneficial for you to discuss your case with a Bronx employment law attorney.

Proving OSH Act Violations

Bronx employment law attorneyThe OSH Act only requires employers to protect employees from known hazards. It does not create a duty for employers to seek out and find all hazardous conditions. In order for a Bronx employment law attorney to prove that a violation has occurred, there must be evidence that shows:

  • The employer failed to take steps to keep the workplace safe from hazards;
  • That the employer was aware that the hazard existed; and
  • That the hazard was one that was recognized as having the potential to cause death or serious injury.

If you believe that your employer has failed to provide a safe work environment, it would be helpful for you to keep records of any violations that you observe. You should record:

  • The number of times you have observed a hazard and what you observed;
  • The name of the person you reported the hazard to;
  • The date you reported the hazard;
  • Any additional steps that you may have taken once observing the hazard (i.e., reporting the hazard to OSHA).

Having thorough records of known workplace hazards can serve as a valuable resource to your Bronx employment law attorney should you ever suffer a workplace injury and subsequently file a workers’ compensation claim against your employer.

Contact a Bronx Employment Lawyer

If you have suffered an injury at the workplace that you believe was caused by a known hazardous condition, contact the Law Office of Delmas Costin, Jr. at (718) 618-0589 to schedule an initial consultation with a Bronx employment law attorney.

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