OSHA Regulations and Your Rights as a Worker in Dallas-Fort Worth
Showing up to your job and finding that vital safety equipment is missing or broken should not be a scenario you find yourself in. Still, it happens more often than you might think. Every year, thousands of workers in the Dallas-Fort Worth area are put at risk by employers who fail to meet workplace safety standards set by the Occupational Safety and Health Administration (OSHA).
As a worker, you have the right to a safe workplace. When employers cut corners on safety, they jeopardize their employees' lives and livelihoods. If you've been injured on the job due to lax safety standards, Warren Armstrong, an experienced workplace injury attorney specializing in non-subscriber cases, can help you understand your rights and legal options.
OSHA's Critical Role in Workplace Safety
The Occupational Safety and Health Administration (OSHA) was created by Congress in 1970 to ensure safe working conditions for employees. OSHA sets and enforces safety standards across a wide range of industries. Key aspects of OSHA's regulations include:
- Requiring employers to provide a workplace free from recognized hazards
- Setting permissible exposure limits for hazardous substances
- Mandating the use of personal protective equipment
- Obligating employers to provide safety training in a language workers can understand
- Prohibiting employers from retaliating against workers for raising safety concerns
OSHA conducts inspections to identify safety violations and can impose hefty fines on non-compliant employers. However, with millions of workplaces to oversee, OSHA can't be everywhere at once. Many safety hazards go undetected until someone gets hurt.
Employer Responsibilities Under OSHA Regulations
To comply with OSHA standards, many Dallas-Fort Worth employers must:
- Implement an effective safety program, including written protocols for identifying and correcting hazards
- Regularly inspect the workplace, equipment, and materials
- Properly maintain tools and equipment and ensure workers are trained in their use
- Provide the required safety gear and replace it when necessary
- Train employees on hazards specific to their jobs
- Keep accurate records of work-related injuries and illnesses
- Post the official OSHA workplace sign detailing employees' safety rights
Failure to adhere to these requirements can lead to stiff penalties and an increased risk of worker injuries.
What to Do if Your Employer Violates OSHA Standards
If you believe your Dallas-Fort Worth employer is violating OSHA regulations, you have the right to:
- Ask your employer to correct the hazard
- File a confidential complaint with OSHA, prompting an inspection
- Participate in an OSHA inspection of your workplace
- Review records of work-related injuries at your company
- Obtain copies of test results assessing on-the-job hazards
Workers who voice safety concerns are protected from retaliation under federal law. However, employers may still lash out at "troublemakers." If you're punished for reporting an unsafe work environment, contact an experienced workplace safety attorney right away.
Why You Need a Personal Injury Lawyer for Workplace Injuries Involving OSHA Violations
If you've been injured on the job due to your employer's failure to follow OSHA safety regulations, you may wonder if you need a lawyer. The answer is a resounding yes — especially if your employer is a non-subscriber to workers' compensation in Texas. Here's why:
Proving OSHA Violations Requires Legal Expertise
Demonstrating that your employer violated OSHA standards is crucial to your claim, but it's not always straightforward. Employers may try to cover up safety lapses or shift blame to the injured worker. A skilled workplace injury attorney knows how to investigate unsafe working conditions, gather evidence of OSHA violations, and build a strong case on your behalf.
Non-Subscriber Employers Are Subject to Different Rules
Texas employers that forgo workers' comp coverage are subject to laws different from those of subscribing employers. If you're injured due to negligence by a non-subscriber, you can sue your employer directly for damages. However, you must prove that your employer's negligence caused your injuries. An attorney well-versed in non-subscriber claims can help you navigate this complex legal landscape, especially if a violation of OSHA regulations is a factor.
Your Employer Will Have Legal Representation
Make no mistake: your employer and their insurance company will have a team of lawyers fighting to minimize their liability. Going up against them on your own puts you at a significant disadvantage. By hiring an experienced personal injury attorney, you level the playing field and protect your rights.
You May Be Entitled to Significant Compensation
Workplace injuries caused by OSHA violations can be severe, leading to mounting medical bills, lost wages, and lasting impairments. You may be entitled to substantial compensation for these and other losses, such as:
- Reduced future earning capacity
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
