I Think My Workplace Is Unsafe. Whom Do I Tell? 

Employers are supposed to provide a safe workspace. If you are injured on the job because your workplace was unsafe, call Silverman, McDonald & Friedman. Our workers’ compensation lawyers help Delaware workers get the help they need. Contact us in Wilmington, Newark, or Seaford today.

Workplaces can be unsafe for a variety of reasons. Companies are generally required to follow local building code laws and the laws and regulations of the Occupational Safety Health Administration (OSHA). Ladders should be safe. Machines and equipment should be inspected and in working order. Workers should be trained to use their tools and equipment. Sites should be safeguarded to prevent against falls and falling objects. Workers should have the correct protective clothing. Scaffolding should be secure. There should be protocols in place to address hazardous conditions and emergencies.

Any eligible employee who is injured at work for any reason does have the right to file a workers’ compensation claim against the employer without the need to show the employer was negligent. Lawsuits are a secondary remedy. The primary remedy is to prevent the accident from occurring in the first place.

Employees who are concerned about dangerous conditions should let their employer know. Employees can talk to a union representative or someone who represents the employees. Employees can also talk to a shop steward, a manager or supervisor, or the owner of the business. Many employers aren’t aware of every dangerous condition and should take steps to make necessary repairs or changes.

Filing a complaint with OSHA about an unsafe work space

The US Department of Labor also recommends that workers who are concerned about workplace safety file a formal complaint with OSHA asking OSHA to inspect the workplace. Workers should understand that they have the right to tell OSHA that OSHA should not reveal the identity of the employee who filed the complaint. Employees should also understand that employers cannot “fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights.”

Complaints can be filed online, or the form can be downloaded, filled out, and mailed to a local OSAH office. When OSHA arranges for an inspection, workers and their representatives do have the right to:

• Attend the inspection
• Speak privately with the inspector from OSHA
• “Be part of meetings with the inspector and the employer before and after the inspection is conducted.”

When there isn’t a union representative or an alternate worker’s representative, the inspector should speak confidentially with “a reasonable number of workers during the course of the investigation.”

If the OSHA inspector finds that OSHA standards have been violated or that there are serious workplace issues, then OSHA can issue citations and impose fines on the employer. The citation should detail what steps the employer should take to fix the violations and the date when these steps should be completed.

Workers do have the right to question the deadline that should be imposed. Employers can contest whether there is a violation of OSHA standards. If the employer appeals an OSHA citation, workers/representatives can request the right to be involved in the appeals process.

OSHA also protects the rights of workers by providing the procedures for refusing to perform dangerous work. Workers can, according to OSHA, can refuse to do a work task if all of the following conditions apply:

• Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so.
• You refused to work in “good faith.” This means that you must genuinely believe that an imminent danger exists.
• A reasonable person would agree that there is a real danger of death or serious injury.
• There isn’t enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.

If workers refuse to perform a job task because it’s unsafe, the employer/supervisor must examine your concern immediately. It also helps if you review your concerns with an appropriate official for employees such as a union or trade association safety representative.

At Silverman, McDonald & Friedman, we’re dedicated to help workers get justice. When employers fail to follow OSHA standards or fail to keep their property safe, Delaware workers who are injured on the job are entitled to worker’s compensation benefits. These benefits include payments for temporary disability while they can’t work and for a partial or permanent disability once they reach maximum medical improvement. Employers should also pay for all reasonably necessary medical expenses while the worker gets treatment. To learn your employee work injury rights, call us today at 302-888-2900 or complete our contact form to request a free consultation in Wilmington, Newark, or Seaford.