Legal Issues Related To OSHA Violations

The United States Department of Labor oversees the Occupational Safety and Health Administration, better known as OSHA. Both organizations work to make sure that employees in the US are not being forced to work in unsafe conditions. OSHA is named after a landmark 1970 law, which requires fair and safe business practices by employers.

Not every employee is covered by OSHA, but those who are not, are covered under similar or better laws. In some states, OSHA does not apply to private sector employees. However, these states are required to have worker safety organizations for these employees that provide the same or an improved level of legal protection.

One requirement is that workplaces post information about health and safety laws where workers can clearly see it. This poster is used in all businesses where OSHA applies, except certain state and federal buildings. These buildings display specialized versions of the federal labor law posters, which contain information relevant to government workers.

Workers who believe that their safety is in danger at work are encouraged to discuss the matter with their employer. In many cases, the employer will resolve the issue for one of two reasons: either he or she didn't know the issue existed, or he or she doesn't want to deal with an OSHA inspection. Either way, OSHA does not get involved.

If the problem is not taken care of or the violations are especially hazardous, employees can contact OSHA to file a complaint. This complaint is followed up by one of OSHA's compliance investigators, who talks to workers and their employers as well as visually inspecting the workplace. If violations are found, citations and/or fines may be issued.

Citations are warning notices that do not carry any penalty if the problem is fixed within a given period of time. Failure to resolve the problem can cause legal problems for the employer. Fines are sometimes leveled at the same time as citations, in cases where the investigator feels that this is warranted.

Employees who file complaints have legal protection under the OSHA Act, and may not be fired, demoted, transferred or otherwise receive negative consequences for insisting on their OSHA rights. However, in the real world, people do find a way to make problems for employees who file complaints. For this reason, employees are allowed to request that their employer and co-workers not be told who filed the complaint.

If citations and modest fines are not enough to bring the workplace back into compliance, or if the investigator sees particularly egregious violations taking place, additional penalties can be levied. Civil fines from $5,000 to $70,000 per violation can be assessed based on non-compliance with OSHA regulations. How large the fine is depends on factors such as how serious the violation was, how much danger it put employees in, whether any attempt was made to rectify it, how large the business is, and more.

Criminal penalties are dealt under OSHA regulations, but they must go through the court system like all other criminal matters. OSHA regulations outline criminal penalties for violations that result in the death of an employee, for knowingly giving the investigator false information, for killing an investigator, and for giving unauthorized notice that an inspection will be occurring.

Staying on the right side of OSHA is not that difficult. Even if an employer accidentally violates a rule, OSHA is not out to get them. However, it is a different case if someone willfully violates regulations such as not complying with the rule regarding federal labor law posters or penalizing employees who insist on receiving their legal rights.