Workers' Compensation Lawyer Straight Talk
This is one in a series of Workers' Compensation Attorney Straight Talk articles. In these articles we give it to you straight. We lift up the hood, so to speak, to let you see the nuts and bolts of how work injury law really operates. We give it to you straight. Oftentimes it isn't pretty. But it is the unvarnished truth by a Workers' Compensation Attorney. If you Google "Workers Compensation Lawyer Straight Talk" or "Workers Compensation Attorney Straight Talk" you will find dozens of great useful articles to help you win your workers' compensation case.
What is OSHA?
The Occupational Safety and Health Administration (OSHA), is a federal agency of the United States that regulates workplace safety and health.
What Does OSHA Mean To You?
Under OSHA Laws, workers are entitled to working conditions that do not pose a risk of serious harm. What does this mean? It means that you don't have to work in unsafe conditions or in places, situations and/or circumstances that are dangerous and/or hazardous. OSHA gives employees and their representatives the right to file a complaint and request an OSHA inspection of their workplace if they believe there is a serious hazard or their employer is not following OSHA standards.
OSHA provides workers with the right to work in a safe environment. To help assure a safe and healthful workplace, OSHA also provides you with worker safety rights. Here are some of the worker safety rights OSHA laws provide you:
Right Not To Work In Hazardous Conditions
You have the right to refuse to perform work that would violate an OSHA standard or order where such violation would create a real and apparent hazard to you or your co-workers.
Ask OSHA to Inspect Your Workplace
If you see or encounter an unsafe condition at work, you can call OSHA and report the danger or hazard. Simply call OSHA and they will come to your workplace. Sometimes in hours. You can even do this anonymously. If you are concerned about confidentiality, you may prefer to file your complaint from your home computer or a computer in your local library. Or you can ask that your name not be revealed to your employer and they won't reveal your name.
Use Your Rights Under OSHA Laws Without Retaliation and Discrimination
OSHA laws protects you. If you report an unsafe condition to OSHA or discuss unsafe conditions with OSHA or when the OSHA inspectors come to your workplace - - the law protects you from discrimination or retaliation by your employer.
Receive Information and Training
You are entitled to receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand.
Get Test Results
If testing by OSHA is needed in order to determine whether you are being exposed to hazardous chemicals and/or hazardous substances in the workplace, you can get copies of test results done to find hazards in your workplace.
Get Records
You are entitled to review records of work-related injuries and illnesses in your workplace. You have the right to see and copy your medical records and records of your exposure to potentially toxic materials or harmful physical agents. Your employer must must allow you access to accurate records of your exposures to potentially toxic materials or harmful physical agents, and notify you of any exposures in concentration or levels exceeding the exposure limits allowed by Cal OSHA standards.
Where to Report Workplace Safety Violations
Some States are covered by Federal OSHA and some States have their own OSHA programs. OSHA permits states, such as Michigan (MIOSHA) or California (CAL OSHA), to develop approved plans as long as they cover public sector employees and they provide protection equivalent to that provided under federal OSHA regulations. Complaints from workers in OSHA-approved state plan states will be forwarded to the appropriate state plan for response.
The Bottom Line
If you work in a serious or dangerous environment, you owe it to your family to do something about it. I know you can't just up and walk out of work on a whim. You don't have to. Make a call to OSHA. Tell them what is going on at your workplace. Pull out your phone and take a photograph to document the condition if needed.
Here is the real deal. We represent seriously injured workers. We have been doing so for years. Do you and your family a huge favor. Don't needlessly work in a dangerous environment. If you call OSHA first, you may be preventing your own serious injury - or death. Don't take a chance with your health and safety.
Disclaimer
This article is not legal advice. Your circumstances may differ from those described herein. I am simplistic in order to achieve clarity. If you are seriously injured at work, hire the best workers' compensation lawyer you can find. Finally, when you bring a court case, always tell the truth.
About the Author
Bill Turley is the leading California Workers' Compensation Lawyer with offices in San Diego, Oakland, Los Angeles, and San Francisco. He is a Super Lawyer and has the highest AVVO Rating and was elected President of the Consumer Attorneys. Bill is a San Diego Workers' Compensation Attorney.
