Unsafe work environment and employer responsibility.Everyone deserves a safe working environment, but what if your employer fails to implement common sense procedures, training, and equipment in order to keep workers safe and productive? If you are injured due to employer negligence, you may be entitled to more than just workers’ compensation. Your employer may be on the hook for compensatory and even punitive damages. An experienced employment law attorney can help.

Facts About an Unsafe Work Environment and Workplace Injuries

The truth is, workplace injuries are an epidemic, with nearly 4 ½ million occurring in this country every year, not counting the fatal injuries. These unsafe work environment accidents cost billions annually in medical and insurance costs, not to mention lost wages, interruptions in production, and other costs.

Unsafe Work Environment and Employer Responsibilities

Workplace safety is no minor responsibility. The Occupational Safety and Health Administration (OSHA) details specific practices and procedures that employers must follow. Among the requirements are:

• Provide a hazard-free workplace that is in compliance with OSHA standards;
• Regularly conduct inspections to determine workplace complies with OSHA safety standards;
• Ensure that employees use properly maintained equipment and tools;
• Warn of potential hazards with posters, labels and/or color coding, and make sure employees are aware of health/safety rules;
• Regularly update and communicate operating procedures related to safety issues;
• Provide safety training in a language understood by employees;
• Implement a written program to communicate information relating to hazardous chemicals and train employees in intervention methods;
• Post employee safety rights and responsibilities;
• Maintain accurate illness and injury reports;

Employee Rights When There is an Unsafe Work Environment

When an employee believes that the working environment is dangerous, the National Labor Relations Board (NRLB) protects that employee’s right to refuse to work. This applies to all workers, whether or not they are union members.

Unsafe Work Environment and Employer Penalties

State and federal governments intently regulate safety practices, and violations can result in serious and expensive consequences:

• When a GM plant in New York experienced multiple violations, including blocked exit routes, improper protective equipment, and inadequate guards around moving machinery parts, they were fined $160,000;
• A Weyerhauser plant in West Virginia under reported injuries and illnesses, they were fined $77,000 and audited for 9 months;
• Fru-Con Construction Corp failed to properly secure a launching truss, they were fined $280,000.

When Can You Sue for a Workplace Injury?

If your employer knowingly facilitated a hazardous workplace, you may be able to seek damages through the courts. Because you have legitimate expectation to a safe working environment, egregious or intentional conduct that leads to injury may be compensable. Additionally, if your injury was the result of defective equipment or other products, the manufacturer may be liable for damages. [Read more…]