Signs Your Employer Isn’t Following OSHA Regulations
Employers have a legal obligation to comply with Occupational Safety and Health Administration (OSHA) regulations and provide safe and healthy working conditions. When employers fail to do so, they endanger workers’ lives and livelihoods. Recognizing the signs of noncompliance can help you protect yourself and address unsafe conditions quickly.
Common Signs of OSHA Noncompliance
No Safety Training
Employers must train employees about workplace hazards and protective measures. If your employer does not offer regular safety training or skips it altogether for new employees, this is a clear violation.
No Personal Protective Equipment (PPE)
OSHA requires employers to provide proper PPE for hazardous tasks. If you do not have access to safety gear like gloves, helmets, or goggles, your employer may be breaking the law.
Equipment Maintenance is Neglected
Employers must maintain equipment to ensure it operates safely. If you notice malfunctioning machinery, outdated tools, or broken safety devices, your employer may be disregarding OSHA regulations.
Dangerous Conditions are Ignored
Employers must identify and address hazards such as exposed wires, slippery floors, or improperly stored chemicals. Personal injury attorneys in Philadelphia say that this is one of the many common causes of OSHA noncompliance.
No OSHA Poster
Employers are required to display the OSHA Job Safety and Health poster.
Lack of Preparation for Emergencies
Employers must create emergency action plans for situations like fires or chemical spills. If your workplace lacks drills or emergency instructions, this shows noncompliance.
Your Employer Retaliates Against Safety Complaints
OSHA prohibits employers from retaliating against employees who report safety concerns. If your employer punishes you for raising issues, they are violating federal law.
Frequent Workplace Accidents
A pattern of injuries or illnesses indicates unsafe working conditions and suggests your employer is not following protocol.
OSHA Violation Statistics
OSHA annually publishes a list of the most frequently cited workplace safety standards. For 2024, the top 10 are:
- Fall Protection – General Requirements (1926.501): 6,307 violations: Employers fail to protect workers from falling off elevated surfaces, such as roofs, ladders, and scaffolds, by providing guardrails, safety nets, or personal fall arrest systems.
- Hazard Communication (1910.1200): 2,888 violations: Employers fail to inform workers about hazardous chemicals in the workplace through proper labeling, safety data sheets, and training.
- Ladders (1926.1053): 2,573 violations: Employers allow workers to use damaged ladders, overload ladders, or fail to secure ladders to prevent falls.
- Respiratory Protection (1910.134): 2,470 violations: Employers must provide and train workers on using respirators in environments with harmful dust, fumes, or gases. Violations often occur when employers fail to conduct fit tests, maintain equipment, or ensure proper usage of respirators.
- Lockout/Tagout (29 CFR 1910.147): 2,443 violations: This standard ensures that machinery is properly shut off and cannot be restarted during maintenance or repair. Violations include failing to implement procedures, train employees, or use appropriate devices to prevent accidental energy releases, which can lead to serious injuries.
- Powered Industrial Trucks (29 CFR 1910.178): 2,248 violations: Employers failing to train operators, allowing the operation of trucks with mechanical issues, or using them in unsafe environments, leading to accidents.
- Fall Protection – Training Requirements (1926.503): 2,050 violations: When employers skip training or fail to provide adequate instruction on fall protection systems and procedures, increasing the risk of accidents.
- Scaffolding (1926.451): 1,873 violations: Improper construction, lack of guardrails, and overloading scaffolds, leading to dangerous working conditions.
- Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 1,814 violations: Employers fail to provide or enforce appropriate eye and face protection when workers are exposed to hazards like flying debris or chemical splashes.
- Machine Guarding (29 CFR 1910.212): 1,541 violations: Employers failing to install guards on machinery to protect workers from moving parts, flying debris, and sparks, inadequate maintenance, or failing to train employees on safe machine use.
What To Do If Your Employer Isn’t Following OSHA Regulations
If you notice unsafe practices, act quickly to protect yourself and address the issue:
- Document Unsafe Practices: Record the details of the violations, including photos, videos, dates, and descriptions. Keep notes of any conversations with supervisors about the hazards.
- Report the Problem to Your Employer: Inform your supervisor, safety officer, or human resources department about the unsafe conditions. Many employers will take corrective action once they become aware of the problem.
- File a Complaint with OSHA: If your employer does not address the issue, file a complaint with OSHA. You can do this online, by mail, or by calling 1-800-321-OSHA (6742). OSHA allows you to file complaints anonymously.
- Refuse Dangerous Work, If Necessary
If the hazard poses an immediate danger to your health or safety, OSHA gives you the right to refuse to perform the task. Notify your employer of the danger and ask them to correct it or to be assigned other work. Do not leave the worksite until ordered to by your employer, unless it is an emergency. Document the steps you take. - Speak to an Attorney
If your employer retaliates or if unsafe conditions lead to injury, consult a Philadelphia work injury attorney to protect your rights and explore your options.
How a Work Injury Lawyer Can Help
When employers fail to follow OSHA regulations and you suffer as a result, a Philadelphia Work Injury Attorney can provide critical assistance in the following ways:
File a Strong Workers’ Compensation Claim
If workplace hazards cause an injury or illness, a lawyer can help you file a workers’ compensation claim. They will ensure your claim includes all necessary documentation and fight to maximize your benefits.
Appeal a Denied Claim
If the insurer denies your workers’ compensation claim, a lawyer can appeal the decision, gather additional evidence, and represent you during hearings.
Pursue Third-Party Liability Claims
A lawyer can help you file a lawsuit against a third party, such as a contractor or equipment manufacturer if their negligence contributed to your injury. This allows you to seek compensation beyond what workers’ compensation covers.
Fight Retaliation
If your employer retaliates against you for reporting unsafe practices, a lawyer can file a whistleblower complaint on your behalf. Federal law protects you from termination, demotion, or harassment for reporting safety violations.
Negotiate Settlements
A lawyer can review settlement offers from workers’ compensation or third-party claims and negotiate on your behalf to ensure fair compensation for medical expenses, lost wages, and long-term needs.
Provide Legal Guidance
Navigating OSHA regulations and the legal system can be overwhelming. A lawyer will guide you through every step, ensuring you protect your rights and maximize your options for recovery.