Practice Areas Employment Law Workplace Safety and OSHA Compliance

Maryland Employment Lawyers Handling All Workplace Safety and OSHA Compliance Matters

The federal Occupational Safety and Health Act establishes clear safety requirements for employers. When employers fail to meet these requirements, and when their failures lead to illnesses and injuries, they can—and should—be held accountable. If you believe that you may be entitled to financial compensation for a workplace safety violation, we encourage you to discuss your legal rights with a Maryland employment lawyer at our firm as soon as possible.

If you work in the private sector, there is a good chance that the federal Occupational Safety and Health Act protects you. As the Occupational Safety and Health Administration (OSHA) explains, the law “covers most private sector employers and their workers in all 50 states, the District of Columbia, and other U.S. jurisdictions.” Under the Act, employers must meet several key responsibilities, and when they fail to meet these responsibilities, affected employees have clear legal rights.

Employers’ Responsibilities Under the Occupational Safety and Health Act

The Occupational Safety and Health Act is a complex statute; under the statute, OSHA has enacted extensive regulations that further delineate what employers need to do in order to protect their employees’ safety in the workplace. With this in mind, if you were injured due to any apparent workplace safety violation, we recommend speaking with a Maryland employment attorney about your legal rights.

As outlined by OSHA, some of the employers’ key responsibilities include:

• Providing a workplace that is “free from serious recognized hazards”
• Providing a workplace that complies with all applicable OSHA standards, rules, and regulations
• Ensuring that employees have access to safe tools and equipment
• Using “color codes, posters, labels or signs” to warn employees of potential safety risks
• Establishing, updating and communicating safe operating procedures
• Providing safety training “in a language and vocabulary workers can understand”
• Post information about OSHA citations “at or near the work area involved”
• Correct cited violations by OSHA’s deadline and submit verification
• Provide medical exams and training when required
• Keep records of all work-related injuries and illnesses, and report serious and fatal incidents to OSHA (subject to certain exemptions)

Again, these are just examples. Along with many additional general safety requirements, in many cases, employers must meet industry-specific and hazard-specific safety requirements as well. For example, employers in the construction industry are subject to extensive job site safety requirements, and employers with hazardous materials in their workplaces must “develop and implement a written hazard communication program and train employees on the hazards they are exposed to”—in addition to meeting various other requirements.

Employees’ Rights Under the Occupational Safety and Health Act

Beyond establishing workplace safety requirements for employers, the Occupational Safety and Health Act also establishes clear rights for employees who get hurt or fall ill on the job. If you suffered a job-related illness or injury and believe that an OSHA violation may be responsible, you should talk to one of our Maryland employment lawyers about your rights promptly.
The rights afforded to employees in Maryland under the Occupational Safety and Health Act include, but are not limited to:

• The right to refuse to work in a hazardous work environment or to work with hazardous tools or equipment
• The right to receive all safety equipment required by law (i.e., gloves, eye protection or a harness)
• The right to request an OSHA inspection if you have significant safety concerns about your workplace
• The right to report any illness or injury you suffer on the job
• The right to review your employer’s records of work-related illnesses and injuries (including your own)

If your employer has violated your rights under the Occupational Safety and Health Act, you can file a complaint with OSHA (or rely on our Maryland employment lawyers to file a complaint on your behalf). You may be entitled to file other types of complaints as well—and filing these complaints may allow you to recover financial compensation for your medical bills, lost earnings and other losses. When you schedule a confidential consultation at The Law Firm of J.W. Stafford, LLC, your lawyer will provide a comprehensive assessment of your legal rights and help you make an informed decision about how to move forward.

Reporting Workplace Safety Concerns & OSHA Retaliation

Along with handling OSHA workplace safety violation cases, we also handle retaliation cases under the Occupational Safety and Health Act. If you got hurt or fell ill due to an OSHA violation, or if you have concerns about a workplace safety hazard, you have the statutory right to speak up. Your employer cannot impede your ability to assert this right, nor can it harass, threaten or take adverse employment action against you in order to try to prevent you from coming forward. If it does, this constitutes unlawful retaliation, and this can provide additional grounds to pursue a claim for appropriate remedies.

Some examples of grounds to assert OSHA retaliation claims include:

• Termination of employment
• Demotion
• Pay reduction
• Reassignment to a less desirable position or location
• Harassment and discrimination

In many cases, employers will attempt to justify retaliation by offering an alternate explanation for taking adverse employment action. However, even if an alternate justification exists, retaliation is still wrongful. If your employer attempts to use a pretext to justify its action against you, our Maryland employment lawyers can conduct a comprehensive investigation and determine what evidence is available to assert your legal rights. Depending on the circumstances (and your personal goals), we may be able to help you pursue reinstatement, back pay and benefits, and/or other remedies.

Discuss Your Legal Rights with a Maryland Employment Attorney in Confidence

Do you need to know more about asserting your legal rights under the Occupational Safety and Health Act? If so, we encourage you to contact us promptly. To speak with an experienced Maryland employment attorney at The Law Firm of J.W. Stafford, LLC in confidence, please call 410-514-6099 or tell us how we can get in touch online today.