Workers’ Rights to Safety at a Construction Site

Construction sites are among the most dangerous workplaces in America. Construction industry workers are constantly under the threat of being hit by falling objects, electrocution, or climbing without proper safety equipment. While managers may be interested in getting a job done as quickly as possible, OSHA regulations help ensure that a priority is placed on doing the job safely.

If you have concerns about construction worker safety standards and working conditions, talk to a construction safety attorney for legal advice.

Workers’ Rights Under OSHA

Employees have several legal rights provided by Occupational Safety and Health Administration (OSHA) regulations:

• You must be trained in a language you can effectively speak and understand.
• You must receive personal protective equipment (PPE) and proper training before using any type of machinery.
• Workers who are not certified to use a machine may not be asked or required to use it.
• If you are hurt or become ill, you have the right to report the injury and get any relevant medical or other records of the accident.
• You must work in a work area free from chemicals or other debris that could impact your physical health.

You generally have the right to refuse to work if conditions are not safe enough to do so. However, several conditions must be met before refusing to perform a task. As a general rule, the following conditions must exist:

• You must truly believe that a hazardous condition exists
• Your employer failed to remedy the issue
• There is no time for OSHA to complete an inspection

Those who refuse construction work because of legitimately dangerous conditions cannot be retaliated against. Retaliation may include demoting or terminating you or taking negative action against you for reasons other than your work performance. It is important to note that construction employers may fire or discipline workers who engage in protected activity if the reason for the disciplinary action is unrelated to retaliation.

Employer Obligations Under OSHA Standards

Employers must provide you with a safe work environment at all times and inspect work sites to ensure that there are no known hazards before any work happens. If a hazard is discovered, work must stop for an investigation and mitigation. In some cases, it may be necessary to suspend a construction project until new plans can be created.

Posters or similar literature that warns employees of safety hazards must be posted where it can be easily seen. The hazard communication used on a poster or similar item must be in a language workers can understand. Pictures or symbols that are widely recognized may be used in conjunction with or in place of words.

If you are injured or become ill on a construction site, adequate records must be kept. This includes documenting the type of injury or illness, why it occurred, and what was done about it. If a worker dies, an OSHA office must be notified of the fatality no more than 24 hours after it occurs.

Workers must receive safety training on any tools or machines they will be working with. Equipment must be inspected regularly to ensure it is in good working order. Employers may also be required to provide employees with clothing or other items, such as hard hats, that protect them against potential hazards.

OSHA Inspections and Safe Workplaces

To ensure that construction workers’ rights are respected, OSHA can inspect a site to confirm that it conforms with all regulations. In some cases, inspections may be done randomly to ensure compliance. However, inspections are more commonly conducted because of a complaint made by an employee or because a state or federal agency alerted OSHA to potentially dangerous workplace hazards.

Before an inspection, OSHA inspectors will review a construction company’s previous inspection history and gather any other background data it may need. A representative will explain why the site was chosen to be inspected and what the inspection will include. During the walkaround portion of the inspection, violations may be called out, which can be corrected immediately.

This helps employers show they care about fixing workplace safety issues while also helping to keep workers safe. Once an inspection is complete, the person who conducted the inspection may advise how employers may avoid further inspections. Proposed penalties may be handed down, but employers have the right to appeal any citations or penalties assessed.

Follow-up inspections and monitoring can happen because of violations discovered at an initial inspection. Further inspection efforts may also take place if it is found that an employer interfered during an initial inspection.

Getting Help With a Construction Accident Injury

If you’ve been hurt on a construction site, you can take legal action. In some cases, this may be against the employer or a contractor who violated OSHA regulations. It may also be possible to take action against the manufacturer of safety equipment. A construction accident attorney works with you to obtain compensation for your work-related injuries.