Federal Laws
OSHA regulations
As mentioned
throughout this section on construction accidents, the Occupational and
Safety Health Administration is a U.S. federal agency located within
the Department of Labor. Its mission is to “assure the safety and
health of America’s workers by setting and enforcing standards;
providing training, outreach, and education; establishing partnerships;
and encouraging continual improvement in workplace safety and health”.
See www.osha.gov. It was created under the Occupational Health and
Safety Act (OSH) of 1970. OSHA regulations are extremely specific,
spelling out in detail the standards expected on worksites (including
construction sites) and the rights and obligations of employers and
employees.
Some Obligations of Employers
- Inform employees of OSHA mandated health and safety standards
- Inform employees of the existence, location, and availability of their
medical and exposure records when employees first begin employment and
at least annually thereafter. Employers must provide these records
within 15 days of request by the employee
- Display in a conspicuous place the poster OSHA created to inform employees of their rights and obligations.
- Provide workers a workplace free of hazards
- Inspect the workplace for potential violations of OSHA standards
- Provide medical examinations and training to employees when required to by OSHA standards
- Report to the nearest OHSA office within 8 hours any accident that
results in the death of an employee or that injures more than 3 workers
in a single incident
- Not discriminate against employees who assert their rights under OSHA
- Establish a written, comprehensive hazard communication program that
includes provisions for such things as container labeling, material
safety data sheets, and an employee training program.
Some rights and obligations of employees
- The right to gain access to employee exposure and medical records
- The right to receive training on how to avoid chemical exposure and a variety of other safety and health threats
- The obligation to use all require safety gear and equipment and to follow the employer’s safety and health rules
- The right to file a complaint with OSHA for an employer violation of
the safety regulations and the right to request OSHA to keep the
complaint anonymous to prevent employer retaliation
- The obligation to report hazardous conditions to the supervisor or safety committee
- The right to be protected from any retaliatory or discriminatory action
in response to a complaint filed against an employer with OSHA (Section
11 (c) of the whistleblower provisions)
- The right to refuse to work without retaliation if an imminent danger exists in the workplace
- The obligation to follow work safety practices
- The right to demand that employers correct hazards or violations
- The right to review copies of OSHA standards, rules, regulations, and
practices that the employer should have available at the workplace
Filing a Complaint
Any
person who believes that there is a violation of a health and safety
standard, a danger exists in the workplace that threatens harm, or
believes that there is an imminent danger to health or life in the
workplace can file a complaint with OSHA. OSHA will investigate and may
order an onsite inspection if certain conditions exist. A complaint
form is available online or by calling the OSHA New York regional
office at (212) 337-2378. Complaints can be made online or through
fax/mail to the New York OSHA regional office. You may also call OSHA
to discuss the complaint with a representative before submitting it.
OSHA recommends that a worker be prepared to answer as many questions
of the following as possible, although not having the information
should not discourage you from filing a complaint.
- How many employees work at the site and how many are exposed to the hazard?
- How and when are workers exposed?
- What work is performed in the unsafe or unhealthful area?
- What type of equipment is used? Is it in good condition?
- What materials and/or chemicals are used?
- Have employees been informed or trained regarding hazardous conditions?
- What process and/or operation is involved?
- What kinds of work are done nearby?
- How often and for how long do employees work at the task that leads to their exposure?
- How long (to your knowledge) has the condition existed?
- Have any attempts been made to correct the problem?
- How many shifts work in the area and what times do they start? On what shifts does the hazard exist?
- What personal protective equipment is required by the employer? Is the equipment used by the employees?
- Has anyone been injured or made ill as a result of this problem?
- Have there been any "near-miss" incidents?
- Has the employer conducted any tests to determine if employees are exposed to the hazardous condition or substance?
- What are these tests and the results of the tests?
- What steps has the employer taken, if any, to control the hazard?
- Do any employees have any symptoms that they think are caused by the hazardous condition or substance?
- Have any employees been treated by a doctor for a work-related disease or condition? What was it?
Inspections
OSHA
has a number of rules guiding its inspections of construction sites.
Employees have the right to appoint a representative (chosen by the
union or the employees) to accompany the inspector throughout his or
her visit. The length and comprehensiveness of the inspection is at the
discretion of OSHA. The inspector may thoroughly inspect the whole site
or just one part of the operations. Once the inspection is completed,
the inspector will meet with the employer and employee representative
to discuss ways to avoid or mitigate the hazard.
Construction
Safety Act - The Construction Safety Act is a broad federal law that
was established by the Advisory Committee of Construction Safety and
Health that sets construction standards and policy matters affecting
federally financed construction.
City & State Laws
New
York Labor Law Section 240 “Scaffold Law” – The State of new York
enacted Labor law Section 240, also known as the Scaffold Law, to
protect workers who routinely work at elevations. Under this law,
general contractors or owners must provide safety equipment to workers
at high elevations and enforce their use. The law mandates that the
responsibility for any injury to a high elevation worker who was not
provided a properly functioning safety device or who worked at a
worksite where safety devices were not enforced, fall on any
responsible third party, mainly the general contractor or owner. The
law has broad application, covering anyone that works above ground even
those who work in a basement if their feet are off the floor while they
complete their work.
Labor Law Section 241 (6) – New York State
enacted Labor Law Section 241 (6) to provide special protection against
workers who do electrical, trenching, and excavation work. Under this
law, any party who was responsible for supplying a worker with the
proper safety equipment to avoid an injury is responsible if an injury
occurs. The employees fault in the accident may reduce any given award
proportional to the amount of the fault. The types of accidents that
may fall under Labor Law Section 241 (6) would include electrical
accidents, trenching/excavation accidents, welding accidents, flammable
material accidents, unsafe/defective equipment, accidents caused by
oil, grease, and sharp projectiles, and others. To determine whether
your accident falls under Labor Law Section 241 (6), call The Law
Offices of Jonathan B. Nelson, PC
Workers Compensation
See section entitled Workers Compensation
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