Workplace Safety Law

Guide to workplace safety law and working environment regulations



What is Workplace Safety Law?

Workplace safety law consists of federal and state regulations imposed on businesses in an effort to keep employees safe from harm. These rules apply to nearly all private sector employers. Standards are in place to reduce the risk of accidents and illnesses in the workplace, and government agents have authority to investigate violations and issue citations for noncompliance. Offenders are subject to monetary fines, and in some cases, imprisonment and other criminal penalties.

While "whistle blowing" employees can sometimes require legal assistance in reporting violations, workplace safety attorneys are primarily engaged in representing businesses. Attorneys who specialize in this area of the law defend employers in administrative proceedings, and offer consulting services to help companies develop policies to ensure compliance. Business clients also hire attorneys to assist lawmakers with drafting regulations, making sure the new laws are sensitive to the realities and needs of the client's industry.

Occupational Health and Safety Regulations

The first step for employers who are concerned about compliance issues is to gain a general understanding of what the law requires. In 1970, Congress passed the Occupational Safety and Health Act (OSH Act). This legislation can be viewed in terms of the rights it creates for workers, and the obligations it places on their employers.

With respect to workers' rights, the OSH Act generally provides that each employee must be told about hazards existing at the workplace, and receive training in how to avoid those hazards. Employees also have a right to information about the health and safety laws applicable to the business. They must have means to file a complaint with the government if it appears the laws are being broken, on a confidential basis, and without fear of retaliation.

Employers have duties under the OSH Act to seek out potential threats to the wellbeing of their employees. In other words, business owners must be proactive, and take it upon themselves to discover hazards before they cause harm. Once discovered, hazards must be removed or otherwise addressed in order to minimize the risk to employees. Hazards that cannot be rendered safe must be brought to the attention of the employees, and appropriate training and safety gear provided. Finally, employers are required to maintain accident records and make them available for viewing.

Federal regulations implemented under the OSH Act are administered by the Occupational Safety and Health Administration (OSHA). Well-known among members of the construction and mining industries in particular, OSHA sends officials to physically inspect workplaces and issue citations for violations. It also provides educational outreach programs for businesses.

Avoiding Workplace Safety Claims

Perhaps more so than in any other field of law, workplace safety attorneys spend a great deal of time consulting with their business clients to avoid legal problems before they arise. The audit process may reveal the need for additional equipment such as respirators or safety guards on machinery. Or, it may indicate that new practices should be utilized, such as storing dangerous materials offsite to minimize the risk of exposure.

With the help of experienced legal counsel, a compliance audit may also show the need for enhanced training programs that take into account workers' language and learning abilities. Record keeping procedures will be reviewed, and even seemingly minor problems like missing OSHA posters can be caught and rectified before they come to the attention of agency officials.

Claim Investigation and Defense

If a claim is made, the need for legal assistance becomes more urgent. An internal investigation by the company and its attorney will help determine if the employee's claim is valid, and what steps are necessary to deal with the problem. In situations where an OSHA citation has been issued, there is a possibility the citation can be resolved through an informal negotiation process with the agency. If not, a strong defense will still benefit the company by keeping fines, sanctions, and publicity to a minimum.

Of course, just because the services of an attorney are useful in representing the employer's interests in a workplace safety dispute, this is not to suggest that goals of the employer, its workers, and the government are at odds with each other. Workplace safety has come a long way in the decades since the OSH Act was passed into law. The most important benefit of working with an attorney familiar with safety regulations is that it will help the client provide a workplace in which employees can perform their duties without the risk of bodily harm.

Hiring a Workplace Safety Attorney

Whether you are simply interested in reducing the chance of a future violation, or you face significant liability for a recent catastrophe at your facility, as a business owner you need the assistance of a legal professional. Contact an attorney today to find out what you can do to demonstrate your commitment to worker safety.

Copyright HG.org

Workplace Safety Law Articles

  • Exposure to Dangerous Toxins Can Put Maritime Workers at Undue Risk
    Working on the crew – or in any other capacity – in the maritime industry is dangerous, to begin with, but being exposed to toxic chemicals, fumes, and/or paints in the course of your work is one danger many may not have taken into consideration. The Federal Maritime Law is in place to help ensure that crew members and other maritime workers are afforded a reasonably safe work environment and a vessel that is seaworthy. If toxic fumes on the job leave you injured, it’s time to consult with an experienced Mississippi maritime lawyer.
  • Can I Record My Independent Medical Exam (IME) in Washington State? Yes!
    Work injury claimants must attend independent medical exams (IME) during their L&I claim. Historically, the Department of Labor and Industries (L&I) didn’t allow workers to record independent medical examinations.
  • Success Story: A Life-Changing Work Injury and L&I Claim for a Military Veteran
    Everyone who works with me is used to hearing me say that “we absolutely must celebrate the successes.” The reason for this is simple. Representing work injury claimants isn’t easy. There are many days with absolutely nothing to celebrate.
  • Poor Lighting and Maritime Injuries
    One common cause of maritime injuries is poor lighting. Natural lighting only helps during daylight hours, and artificial lighting on boats is not always adequate. This problem is especially common in stairwells and other enclosed areas.
  • Spine Work Injury and Sciatica in Washington State L&I Claims
    After a back or spine work injury, sciatica is a diagnosis that can come up in your L&I claim. What is it? How does sciatica arise in workers’ compensation claims? For that, it helps to have a basic understanding of the anatomy of the spine. I’m certainly not a medical professional. But, over the course of my career, I’ve performed research and listened to countless hours of medical testimony. From there, I developed a basic understanding of the anatomy of the human spine, common spinal conditions, and how sciatica can occur. This basic knowledge helps me understand what my clients are going through with sciatica.
  • Important Dates You Must Remember in Your Washington L&I Workers' Comp Claim
    Calendar dates can be very important in an L&I claim. In fact, certain dates associated with specific events can impact your L&I claim benefits. In some cases, incorrect dates can even have long lasting negative implications in claims. The purpose of this article is to discuss some of the most important claim dates that work injury claimants must track and remember.
  • L&I Has Bad News for Injured Workers' Medical Advocates in Washington State
    Previously, I posted an article about L&I’s Medical Aid Rules and Fee Schedules* which were published for 2023. In particular, the L&I Medical Aid Rules can be a great resource for helping work injury claimants understand treatment options. Furthermore, the L&I Fee Schedules can also have a significant impact on work injury claimants and stakeholders.
  • How L&I Makes Medical Treatment Decisions in Washington State
    The Department of Labor and Industries (L&I) maintains a set of Medical Aid Rules and accompanying Fee Schedules. Many workers compensation professionals refer to these as “the MARFS”. Typically, the Department updates the L&I medical treatment rules annually in July. The medical aid rules and fee schedules are very important. Many work injury claimants can use them to get answers regarding medical treatment under their L&I claim. The guidelines can even provide answers for certain medical conditions relating to your workplace injury and your claim.
  • Reopening an L&I Claim That Closed Over 7 Years Ago in Washington State
    You can always reopen an L&I claim for medical treatment. Even if you have an old claim. It doesn’t matter how old the claim is. However, if your claim closed over 7 years ago, it will impact your L&I claim benefits. While L&I covers medical treatment, you might not receive other benefits under the claim.
  • Washington State Workplace Injuries: Where Can I Get Help for My L&I Claim?
    Many work injury claimants struggle with their L&I Claim. It’s difficult to understand how claims really work under the hood. What’s going on in your L&I claim, where the claim is heading, and so on. Moreover, many workers don’t know what to do when things don’t go well. What’s worse, when they run into difficulties, they don’t know where to turn for L&I claim help. Obviously, one answer is to talk to an experienced workers compensation attorney. However, in many cases, you don’t need an attorney. There are other resources available out there. These resources can help work injury claimants understand their workers’ compensation claim. On top, they can help you understand the benefits available and your rights. The purpose of this article is to provide a list of the best resources for L&I help. You can use these resources to find help and navigate your L&I claim.
  • All Employment and Labor Law Articles


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