Personal Injury Lawyers:» When Does OSHA Investigate an Accident Case?

What Needs to Happen Before OSHA Starts an Investigation Into a Workplace Accident Causing Injury or Death?

The Occupational Health and Safety Act of 1971 established the Occupational Health and Safety Administration (OSHA). OSHA is a federal agency that establishes and enforces workplace safety policies to prevent workplace accidents. The Occupational Safety and Health Act provided a responsibility to all employers to provide a safe work environment for their employees. OSHA is responsible for investigating workplaces that it suspects to be potentially dangerous or where a workplace injury has occurred. If conditions are found to exist at the workplace that do not fall within OSHA standards, the employer will likely be assessed a substantial penalty.

Employees often fear reporting their employer for providing dangerous work conditions because of the potential backlash they may receive. OSHA has provided a remedy for this in two ways: first, potentially dangerous conditions may be reported anonymously; secondly, an employer is prohibited from disciplining an employee in any way who reports potentially dangerous working conditions. If you have been injured in a work accident because you were working in an unsafe work environment, you will need the representation of an experienced attorney who knows how to get around the “red tape” that can accompany such accidents.

When Does OSHA Investigate a Case?

OSHA conducts most workplace inspections without notice to an employer. The exception to the no-notice requirement is when inspecting a place that may be potentially dangerous or harmful for the inspectors; in such situations, OSHA will give 24 hours of notice to the employer. It would be impossible for OSHA to investigate every potentially dangerous work condition in the country. For this reason, OSHA has set a standard in which they review cases based on priority. OSHA has four categories of priorities:

OSHA prioritizes cases where imminent danger is likely. Imminent danger exists in situations where danger is reasonably certain to occur and could cause death or serious bodily injury.

OSHA gives second priority to the investigation of work facilities where a recent accident has caused death or hospitalization. In such situations, an employer is required to contact OSHA within eight hours to report the incident and determine if any OSHA guidelines were violated.

The third priority in OSHA investigations is when OSHA receives employee complaints about an unsafe working environment. OSHA allows employees to request an inspection of a work environment when they feel that they may be subject to potential harm because of the environment. The reporting of an unsafe working condition will remain confidential if requested.

The fourth and last priority for OSHA inspectors is inspecting specific high-risk areas and occupations. Some of the factors that are used to determine whether a workplace qualifies as a high-risk subject are the frequency of previous accidents, previous OSHA citation history, and random selections.

What Should I do if I am Injured in a Workplace Accident?

If you were injured in a workplace accident, you or your attorney may request that OSHA investigate your work environment. While OSHA’s primary purpose is to make the workplace safe and not to help you collect damages or prove fault in your case, a favorable investigation from OSHA can be beneficial for you.

Representing an experienced attorney who knows how to use these findings to your advantage can be most beneficial in these situations. The attorneys at Our Law Office have more than 20 years of experience in personal injury law and know how to couple an OSHA investigation with our own investigation efforts to provide you with the strongest possible case. We have helped thousands of clients recover the damages that they deserve, and we can help you too. Call for your free consultation.