In 2017, the Missouri Department of Labor reported that there were over 660 injuries in construction related jobs alone. That’s an alarming statistic. It also made us wonder. How many people working on a construction site know their rights? Not only do construction workers have rights after an accident, but employers are also responsible for keeping the worker safe.
Employer Responsibilities as Defined by OSHA
- Provide their workers with a workplace free of serious hazards.
- Try to eliminate or reduce hazards by making feasible changes in working conditions rather than solely relying on
- protective equipment such as masks, gloves, or earplugs (such as switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air, when applicable).
- Inform workers about chemical hazards through training, labels, alarms, color-coded systems, chemical information sheets and other methods.
- Provide safety training to workers in a language and vocabulary they can understand.
- Keep accurate records of work-related injuries and illness.
- Perform tests in the workplace, such as air sampling, required by some OSHA standards.
- Provide workers with personal protective equipment at no cost to them.
- Provide hearing exams or other medical tests when required by OSHA standards.
- Post OSHA citations and annually post injury and illness summary data where workers can see them.
- Notify OSHA within eight hours of a workplace fatality.
- Notify OSHA within 24 hours of all work-related inpatient hospitalizations, all amputations, and all instances when an
- employee loses an eye.
- Prominently display the official OSHA Job Safety and Health—It’s the Law poster that describes rights and responsibilities under the OSH Act.
- Not retaliate or discriminate against workers for using their rights under the law, including their right to report a work-related injury or illness.
The law also provides employees with a set of rights under OSHA and the OSH Act. According to OSHA’s list of employee rights, employees have the right to:
- Review all appropriate standards, rules, regulations, and requirements that should be available through the employer at the workplace.
- Have access to relevant employee exposure and medical records.
- Request an inspection from OSHA if they feel the workplace is not operating within OSHA standards.
- Have an employee representative (chosen by the union or employees if there is no union) accompany the OSHA compliance officer during the inspection.
- Receive a copy of the tests done to discover hazards in the workplace.
- Have their names withheld from their employer if they sign and file a written complaint.
- Be free of any retaliatory action taken by their employer because of an OSHA complaint.
- Review records of work-related injuries and illnesses.
If you’ve been injured at work, and you think your employer is violating your rights, contact us. The Hines & Wilson Law Firm has more than 50 years of experience representing victims of work place injuries. You can call us at (573) 443-4500, our toll-free number (877) 473-4500, or email us info@hineslawfirm.com for a free and confidential consultation about your work comp claim.