What rights do workers have under OSHA?

Construction Accident Lawyer Houston, TX

Have you recently been injured in a construction accident and believe it was a result of another person’s negligence or wrongdoing? If so, you may have the right to recover monetary damages. Under OSHA, workers are entitled to rights that help protect their health and safety while in the workplace. Our experienced construction accident lawyers know OSHA and understand how the regulations apply to your case.

Right to a Safe & Healthful Workplace

A safe and healthful workplace implies that hazards are removed, minimized, and otherwise made clear to those working in and around the jobsite, location, or area. All that are working on-site are to be trained and made aware of potential hazards. When the nature of the work is hazardous, measures must be provided to protect workers, such as personal protective equipment (PPE), for example, respirators, dust masks, eye protection, safety vests, hard hats, protective gloves, back braces.

Right to Know about Hazardous Chemicals

Employers must have a written, complete hazard communication program that includes information on, container labeling, safety data sheets, and worker training should be required in order to work with hazardous chemicals so they can protect themselves and others. The program must also inform workers of the hazards posed by chemicals in their specific workplace.

Right to Information about Injuries and Illnesses in your Workplace

Record keeping rules & OSHA 300

Most employers with more than 10 workers are required to keep a log of injuries and illness. This log, also referred to as OSHA 300, must contain written record of all work-related injuries and illnesses that resulted in lost workdays, hindered abilities to work, or transfer to another job. First aid treatment must also be documented in the OSHA 300 log. 

• All workers have the right to review the current log, as well as all other logs for the past 5 years, and must provide these logs upon request of the worker by the end of the next work day.
  
• Workers also have the right to review the annual injuries summary, OSHA 300A. 

Right to Complain or Request Hazard Correction from your Employer

Without fear of discharge or discrimination, workers should be able to raise concerns about the safely or healthfulness of the workplace, as long as complaints are made in good faith. OSHA regulations [29CFR 1977.9(c)] protect workers who complain to their employer about unsafe or unhealthful conditions in the workplace.

Other rights afforded to you under OSHA

Right to Training

You have the right to be trained by your employer on a variety of health and safety hazards and standards that the employer must follow. 

Right to Hazardous Exposure Records and Medical Records

This is important if you have been exposed to toxic substances or harmful physical agents in the workplace, as this regulation may help you detect, prevent, and treat occupational disease. If the exposure levels are above the limit set by the standard, the employer must tell workers what will be done to reduce their exposure.

Right to OSHA Complaint Filing

You may file a complaint with OSHA if you believe a violation of a safety or health standard, or an imminent danger situation, exists in your workplace. 

Right to OSHA Inspection Participation

You have the right to have representation present during an OSHA inspection. You also have the right to speak with the OSHA inspector privately in order to point out hazards as you see them, describe injuries, illnesses, and near misses that were a result of the hazards you have pointed out.

Right to be Free from Retaliation for Exercising Safety and Health Rights

Workers have a right to seek safety and health on the job without fear of punishment. That right is spelled out in Section 11(c) of the OSH Act.

Worker Responsibilities

OSHA holds employers responsible for the safety and health conditions in the workplace and does not cite workers for violations.

These claims can be rife with challenges which means you should consider retaining the top construction accident lawyer in Houston, TX, such as one from, John K. Zaid & Associates. For a consultation, please call us today.