Employee Rights

A guide to employer obligations and the rights of employees on the job site, according to the Occupational Safety and Health Administration (OSHA) and the United States Department of Labor.

Basic Employee Rights · Construction Employer Obligations · OSHA Inspections · Scaffold Laws and OSHA Scaffold Regulations

Basic Employee Rights

The purpose of the Occupational Safety and Health Administration (OSHA), a division of the United States Department of Labor, is to reduce hazards and dangerous conditions in the workplace and to implement safety and health programs to reduce the risk of injury and accident. OSHA gives employees the following rights:

Employees have the right to review copies of applicable labor standards, rules, regulations, and requirements, which the employer should have available and posted at the workplace. Employees have the right to access relevant employee exposure and medical records. Workers can request a worksite inspection by a local OSHA director, if they believe that dangerous conditions or violations of OSHA standards exist in the workplace. They also have the right to have the OSHA compliance officer accompanied by an authorized employee representative during the inspection tour. Employees have the right to have their names withheld from their employer, if they sign and file a written complaint with OSHA. The name will be withheld upon the specific request of the employee. Employees have the right to be free of discrimination or retaliation on the part of their employer, due to a complaint to OSHA about workplace hazards or violations.

Construction Employer Obligations

Employers must provide employees with labor and a workplace free from recognized hazards. Employees must be informed by employers of all OSHA safety and health standards that apply to their workplace. Employers must display, in a prominent place, the official OSHA poster that describes rights and responsibilities under the OSH Act. Employers are required to establish a written, comprehensive hazard communication program, which includes provisions for such things as container labeling, material safety data sheets, and an employee training program. Employers, under OSHA regulations, are required to inform employees of the existence, location, and availability of their medical and exposure records when employees first begin employment and at least annually thereafter, and to provide these records upon request.

OSHA Inspections

Occupational dangers and jobsite hazards should be reported to employers as soon as they are seen by an employee. Employers are required to correct situations, in order to provide employees with work and a workplace that is free from recognized hazards. However, sometimes, due to negligence or because they put profits ahead of safety, employers do not correct workplace hazards in a timely manner. In these cases, employees should contact the local branch of the Occupational Safety and Health Administration (OSHA), and request and inspection, in the form of a written complaint.

OSHA evaluates the problems that they receive in worker complaints, and decide whether there are justifiable grounds for believing that a violation or danger exists. If there appear to be grounds for the complaint, OSHA will conduct an inspection.

During workplace inspections by the OSHA official, a workers’ representative has a right to accompany the officer. The official employee representative must be chosen by either the union (if applicable), or by the employees. The employer CANNOT select the workers’ representative. OSHA inspections may be limited and focused on selective aspects of the workplace, or the inspections may be comprehensive inspections of the workplace. Upon the conclusion of the inspection, the OSHA inspector will meet with the employer and the representative appointed by the employees and discuss the abatement of any encountered hazards.

Scaffold Laws and OSHA Scaffold Regulations

The Occupational Health and Safety Administration (OSHA) has extensive regulations governing the use of scaffolding. The regulations are both extensive and specific, dealing with all aspects of scaffold construction, maintenance, use, disassembly, inspection, etc. All construction workers involved with the use of scaffolds must comply with these regulations. Ensuring that OSHA scaffold regulations are followed is usually the responsibility of the general contractor, subcontractor, construction site owner, or the design professional for the construction site The full OSHA scaffold regulations can be found on their website, www.osha.gov.

Another important facet of Scaffold law is New York Labor Law section 240, which has been called the “Scaffold Law.” The law is in many ways controversial, as it goes well beyond the standards established by OHSA in protecting the rights of construction workers. Under the "Scaffold Law," contractors and property owners are subject to “absolute liability” with regard to scaffold accidents. There is no need for an injured worker to prove negligence on the part of the owner or employer and any negligence on the part of the injured worker is irrelevant.

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Tags: Construction Accidents · Legal Help · Work Accidents