The federal Occupational Safety and Health Administration (OSHA) establishes and enforces various workplace safety regulations, trying to ensure that workers have a safe place to work. As part of this work, it may complete an on-site inspection of a workplace. Here is what you need to know about this process.
About OSHA
OSHA’s authority extends to over 130 million workers across eight million worksites. However, it currently has fewer than 1,850 inspectors, which translates to one compliance officer per every 70,000 workers, so the small agency does not detect every possible workplace hazard nor have the resources to do so.
Under OSHA regulations, workers have the following rights:
- To work under conditions that do not pose a risk of serious harm
- Receive information and training about workplace hazards, methods to prevent them, and the OSHA standards that apply to the workplace in a language and vocabulary the worker understands
- Review workplace records of injuries and illnesses
- File a complaint that asks OSHA to inspect the workplace if a worker believes there’s a serious hazard or their employer is not following OSHA rules
- Exercise their rights under the law without retaliation
One of the ways OSHA tries to ensure workers have a safe place to work is to conduct inspections of workplaces that may be hazardous.
What Is OSHA’s On-Site Inspection Process?
OSHA’s on-site inspection process consists of the following four stages:
Preparation and Initial Arrival
Workplaces are informed about OSHA’s planned visit, so they have a chance to prepare for these visits. Employers may gather various records in anticipation of this visit, including:
- Safety training records
- Certifications
- Safety meeting records
- Hazard assessments
An OSHA Compliance Safety and Health Officer (CSHO) takes various steps in preparing for the on-site visit, including:
- Researching the company’s OSHA inspection history, operations and processes, and applicable OSHA standards
- Gathering appropriate personal protective equipment (PPE)
- Testing to measure potential hazards
When the CSHO arrives at the worksite, they introduce themselves and verify their identity.
In some situations, OSHA uses a phone or fax inspection process when the matter is less urgent, can be corrected quickly, or does not pose an immediate risk, such as not having required signs or having minor electrical problems.
If the assessment was remote, the employer has to provide a written response within five work days, which outlines identified issues and details the corrective action it has taken or planned. If this response meets the relevant criteria, OSHA foregoes an on-site inspection.
Opening Conference
After the CSHO arrives on-site, they present an opening conference in which they discuss the reason for the inspection, what the inspection process entails, and its scope. The employer selects a representative to accompany the compliance officer during the inspection. If there is an authorized representative of the employees, they can accompany the inspector, too.
Walk-Around
Next, the representatives and the CSHO walk around the portions of the workplace covered by the inspection to determine compliance with applicable OSHA standards. The CSHO looks for hazards that could lead to employee injuries or illnesses. They may point out obvious violations that the employer can correct immediately. They may measure noise levels and airborne concentrations of contaminants.
The CSHO reviews worksite injury and illness records. The CSHO also interviews a “reasonable” number of employees. The CSHO may ask where the OSHA-mandated poster is housed and ask about the PPE employers provide to workers. They may ask employees if they are aware of anyone being injured on the job and if they have any suggestions for improving workplace safety.
During the walk-around, the CSHO tries to minimize work interruptions. They keep any trade secrets observed confidential.
Closing Conference
The CSHO holds a closing conference with the employer and employee representatives to discuss the findings. They mention any violations they observed during the walk-around and possible courses of action the employer can take to address them. Responsive actions may include participating in an informal conference with OSHA or contesting citations and proposed penalties.
Even if the employer immediately corrected violations the CSHO mentioned during the walk-around, the violations must still be included in the CSHO’s closing conference and final report.
The CSHO discusses corrective procedures and a timeline by which the employer must complete them.
If the employer disagrees with the findings, they can appeal the decision.
What Triggers an On-Site Inspection Process?
On-site inspections can occur for various reasons. A concerned worker may report that the workplace is unsafe. Visible hazards may be reported, resulting in an inspection. Inspections can also be scheduled or even brought on by invitation. If a worker is injured or becomes ill at work, an inspection can be scheduled.
OSHA prioritizes inspections in the following order:
- Imminent danger situations
- Severe injuries and illnesses
- Worker complaints
- Referrals from third parties
- Targeted inspections, such as in high-hazard industries or individual workplaces with high rates of worker injuries or illnesses
- Follow-up inspections
What Happens After an OSHA Inspection?
After the inspection, the CSHO prepares an inspection report and sends it to the OSHA area director. This director determines whether to issue citations, penalties, abatement dates, and other consequences. If the director determines that the employer has violated an OSHA standard, they issue a Citation and Notification of Penalty to the employer. OSHA must issue any citations and proposed penalties within six months of when the violation occurred.
The citation includes the following information:
- The OSHA requirements the employer allegedly violated
- Proposed penalties
- A deadline for correcting the alleged hazards
The potential penalties depend on how the violation is categorized, such as:
- Willful
- Serious
- Other-than-serious
- De minimis
- Failure to abate
- Repeated
OSHA’s penalty may also depend on the size of the employer and whether it believes the employer was acting in good faith.
Employers can request an informal conference or can formally contest alleged violations that resulted in fines or penalties. Employers have 15 work days to formally contest alleged violations and penalties after receiving citations and proposed penalties.
Legal Options If You Were Injured at Work
Even though OSHA tries to prevent workplace injuries and illnesses, they still occur. 69 workers were killed in New York City in 2023, according to the U.S. Bureau of Labor Statistics. In 2022, 138,900 nonfatal workplace injuries and illnesses occurred in New York.
If you were injured in a workplace accident in New York, you may have various legal options, including:
Filing a Workers’ Compensation Claim
You may be able to file a workers’ compensation claim if you were injured on the job or suffered a workplace illness while performing duties within the scope of your job. New York workers’ compensation is required for the following employees:
- All employees in a for-profit employer
- Employees of most not-for-profit employers
- Employees working in New York State
Workers’ compensation provides various benefits, including:
- Medical benefits that cover all healthcare related to your injury
- Wage replacement benefits of two-thirds of your average weekly wage, up to a state maximum
- Travel expenses to and from healthcare appointments
Under this system, you do not have to prove that your employer was negligent in causing your injuries or that it violated OSHA standards to receive these benefits. In fact, you can still receive workers’ compensation benefits when you were negligent in being harmed.
However, the benefits you can recover are limited to statutory amounts. You also cannot receive non-economic damages such as pain and suffering.
Reporting Your Employer to OSHA
If your employer is violating OSHA standards, you can report it to OSHA by filing an online complaint form or calling 1-800-321-6742.
Once OSHA receives your complaint, an officer investigates. This investigation may reveal workplace hazards that your employer is ordered to remedy. Your employer may also be fined. However, your employer pays these fines to the agency, so you don’t directly benefit from them. Still, you might want to take this action as it may result in your workplace being safe for you and your co-workers.
Reporting your employer to OSHA is not an exclusive remedy. You can take this action while your workers’ compensation or personal injury claim is pending.
It is illegal under OSHA for an employer to retaliate against an employee for reporting workplace hazards to OSHA. Retaliation can include firing you, laying you off, denying promotions, or taking other adverse action against you.
Suing Your Employer
In most instances, you cannot sue your employer for injuries you sustained at work. This is because the workers’ compensation system replaced a tort-based system. However, there are some exceptions to when you may be able to sue your employer, such as if you are a construction worker injured due to your employer not following specific state laws or if you were injured due to defective scaffolding.
Suing a Third Party
Even though you may be barred from suing your employer due to workers’ compensation laws, this bar does not prevent you from being able to sue a third party. Another party may have contributed to your injuries, such as:
- A negligent motorists
- A property owner
- A general contractor
- An independent contractor
- A manufacturer of a defective product
New York State has unique laws designed to help workers who are injured while performing construction, excavation, demolition, painting, repair and/or alteration work on buildings or other man made structures such as roads, bridges, water towers, power lines and other similar objects. These laws make the owners of the property where the work injury occurred and their contractors and agents responsible for injuries caused by violation of these laws and if the injuries were caused by falls from heights they are deemed absolutely liable to the worker whether or not they were negligent or directly involved in the work which gave rise to the injury. Showing that this party violated an OSHA regulation is not necessary but may help to prove the violation of these New York Laws. .
Unlike workers’ compensation claims, your financial recovery is not limited to partial wage replacement and medical benefits with a third-party claim. Instead, you can seek compensation for the full extent of your damages, which may include:
- Medical expenses
- Future medical expenses
- The full amount of your lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Mental anguish
How Our Personal Injury Lawyers Can Help If You Were Injured at Work
The experienced workplace injury lawyers at Powers & Santola, LLP can help with all aspects of your case, including:
- Investigating the accident to determine if your employer violated OSHA standards or was otherwise negligent
- Identifying all parties who contributed to your injuries and determining the viability of a third-party claim
- Handling communication with your employer and their workers’ comp insurance provider
- Negotiating for fair compensation
- Representing you in court and legal proceedings
What Should I Do Following a Workplace Accident?
If you were injured at work, you should take immediate steps to protect your health and legal rights, including:
- Seeking medical treatment immediately
- Notifying your supervisor about your injury
- Filing the necessary forms with the Workers’ Compensation Board, which includes a description of the accident, your employer’s name and address, basic employment information, your job title and duties, and your gross pay rate, how the injury occurred, where the accident occurred, what you were doing at the time of the accident, the medical treatment you sought and received, and whether you reported it to your employer
- Gathering information to support your legal claim, including photos of the accident and your injuries, your medical records, and your accident report
- Contacting an experienced workplace injury lawyer
What Is the Time Limit to File a Personal Injury Claim in New York?
Under New York’s statute of limitations, you have three years from the date of the accident to file a personal injury lawsuit. To preserve your right to file a workers’ compensation claim, you must notify your employer within 30 days of the accident. If you don’t take prompt legal action, you can forfeit your right to recover compensation.
Contact Our Personal Injury Lawyers for a Free Case Review
If you were injured in a workplace accident in New York caused by your employer not following OSHA rules, you may have various legal options. An experienced attorney can review your circumstances, investigate your claim, and explain your legal rights, given the specific circumstances. A construction accident lawyer from Powers & Santola, LLP can help you navigate the complex legal process. Contact us today to schedule a free consultation.
