What is OSHA and Why It Matters
The Occupational Safety and Health Administration (OSHA) sets and enforces workplace safety standards. Employers must comply with OSHA regulations or face citations and penalties.
When an employer violates OSHA standards and a worker is injured, those violations can serve as evidence that the employer was negligent. This is powerful because OSHA standards represent minimum safety requirements - violating them shows the employer failed to meet even basic safety obligations.
Common OSHA Violations Leading to Injuries
Frequently cited OSHA violations that cause workplace injuries include:
- Fall Protection (1926.501): Missing guardrails, safety nets, or personal fall arrest systems
- Hazard Communication (1910.1200): Failure to inform workers about chemical hazards
- Scaffolding (1926.451): Improper construction or inspection of scaffolds
- Machine Guarding (1910.212): Unguarded moving parts on machinery
- Lockout/Tagout (1910.147): Failure to control hazardous energy during maintenance
- Respiratory Protection (1910.134): Inadequate protection from airborne hazards
- Electrical Safety (1910.303): Improper wiring and equipment grounding
Using OSHA Violations as Evidence
OSHA citations and inspection records can be used in several ways:
Negligence Per Se: In some states, violating a safety statute is automatic proof of negligence if the violation caused the type of harm the statute was designed to prevent.
Evidence of Breach: Even where negligence per se doesn't apply, OSHA violations strongly support the argument that the defendant failed to exercise reasonable care.
Pattern of Violations: Prior OSHA citations show the employer knew of hazards but failed to correct them.
Expert Testimony: Safety experts can explain how specific violations led to your injury.
How to Obtain OSHA Records
Important OSHA records for your case include:
- OSHA 300 Log: Employers must keep records of work-related injuries
- Inspection Reports: Available through FOIA requests to OSHA
- Citation History: Prior violations at the same worksite
- Complaint Records: Previous safety complaints by workers
Your attorney can subpoena these records and use FOIA requests to obtain inspection reports and citation history for your employer or worksite.
Filing an OSHA Complaint
You have the right to file a complaint with OSHA about unsafe working conditions. Benefits of filing include:
- May trigger an inspection that documents hazards
- Creates official record of dangerous conditions
- Protection against retaliation for filing
- May result in citations that support your claim
OSHA complaints can be filed online, by phone, or by mail. You can request confidentiality, and your employer cannot legally retaliate against you for filing.