Categories
Employment Laws

How To File A Workplace Health And Safety Claim

According to OSHA, every workplace should be safe from hazards. Any employee complaint that’s reported may trigger OSHA inspections. If an employee brings to attention to the condition of their workplace to the employer, and he/she seems not to care, they have the right to file a claim. But before an employee rushes to report their situation, they can discuss the matter over with their immediate supervisor or employer. If you believe the working conditions in your workplace to be unhealthy or unsafe, and attempts to talk to your employer are futile, you can look for top employment law firms to help you file a claim. The complaint should be presented immediately after noticing the hazard, as this will ensure other employees are also safe.

Who Is Protected By OSHA

While OSHA is there to protect the worker’s health and safety, not every worker is protected. Workers who are not protected include:

  • Self-employed workers
  • Workers protected by Federal OSHA
  • Immediate family members of farmworkers who own farms

Protected workers have a right to file a complaint. The agency keeps the names of those who raise complaints confidentially unless they choose otherwise. In addition to filling your complaint, an employee can choose to refuse to work if the condition creates a real and apparent hazard. It’s the responsibility of each employer to make sure that:

  • The employees have safe and healthy workplaces that are free from hazardous waste or toxic substances.
  • There is a sound system of communication where workers can communicate on any health and safety issue.
  • There is a poster displaying the right and responsibilities of workers following OSHA regulations. It’s your duty as a worker to report any health and safety hazards to your supervisor or employer.
  • In case of an injury, the employer should notify the nearest OSHA and ensure the patient receives the right treatment.

Every employer should take the right precautions to ensure their workers are protected. For detailed information on how to deal with your OSHA complaint, speak to a lawyer. A lawyer will know how to present your case better, increasing the chances of a positive response.

Filing Your Complaint

You can only file an OSHA claim if sure of the results. This is only possible if you choose to work with an experienced employment lawyer. Through the claim, your employer can be forced to follow the set standards of major safety concerns in the workplace. Filing an OSHA complaint is not easy as some think; you will need to know how to file and the way you file, as this will matter whether there will be a response from the agency. Remember that the way you file may also have negative repercussions on you. Therefore, to avoid all these hustles, it would be better to seek legal help. It’s not uncommon for employers to discriminate or retaliate against employees because they filed an OSHA complaint. In such a case, you can file an allegation within 30 days. Again, successful discrimination complaints require you to have legal representation. You can even lose your job due to discrimination, and this can be devastating. To avoid all this hustle, it’s better to work with a lawyer.