Personal Injury Law

Construction Safety - Fall Protection: Employee's Rights within the Workplace

By Justin Rogers

According to the Occupational Safety and Heath Administration's (OSHA) standards and regulations, employers within the construction industry are required to provide some form of fall protection or prevention when employees are at risk of falling from a height of six feet or more.

Employees have a right to file a complaint with OSHA if they believe their working conditions are unsafe or unhealthy. Employees can file a complaint in a number of ways. Employees can file a complaint online, download an OSHA complaint form, or call the local OSHA Regional Office and discuss the complaint with OSHA staff.

Additionally, employees have a right to file a complaint when they have been punished for exercising any of the rights provided to them by the Occupational Safety and Health Act of 1970. An employee may also file a complaint if they have been punished for refusing to work when faced with an imminent danger of death or serious injury and there is insufficient time for an OSHA inspection. An employee does not have to know whether a specific OSHA standard or regulation has been violated in order to file a complaint, the must only have a rational basis for their complaint.

A complaint, or request for inspection or investigation, may be filed at any time, but OSHA recommends that employees attempt to resolve safety and health issues by first reporting them to their supervisors, managers, or to the safety and health committee. If the employee works within a state which has an OSHA-approved state plan, the employee may file a complaint in both the State and Federal OSHA offices.

OSHA may respond to a complaint by either performing an on-site investigation or an off-site investigation, which is also known as a "phone/fax investigation." The on-site investigation will be initiated where the complaint is in writing and signed by a current employee, alleges physical harm, is based on allegations of an imminent danger situation, or where the employer fails to adequately respond to a phone/fax investigation.

An off-site investigation allows OSHA to respond more quickly to lower priority hazards and allows the agency to concentrate resources on more serious workplace hazards. When an off-site investigation is appropriate, the agency notifies the employer and describes the alleged hazards. The employer must respond in writing within five days and identify problems found and note corrective actions taken. If the response is adequate, OSHA will not conduct an investigation. If the employee who filed the initial complaint is unsatisfied, he may request an on-site investigation.

Full post as published by Des Moines Personal Injury Lawyer on July 18, 2008 (boomark / email).