Employee Workplace Rights

The Occupational Safety and Health Administration (OSHA) aims to reduce the number of hazardous working conditions and utilize safety programs to limit injuries and accidents in the workplace. OSHA safety standards apply at construction sites, therefore construction workers are awarded the same rights as all other employees covered by OSHA.

Construction Workers' Rights under OSHA

In 1970, the creation of the Occupational Safety and Health Act lead to the development of OSHA within the U.S. Department of Labor. OSHA gives construction workers many rights, including:

• Examine the appropriate rules, regulations and requirements that the employer should have readily available at the worksite
• Access employee exposure and medical files
• Request an OSHA inspection if they feel hazardous conditions or violations exist on the construction site
• Allow an authorized worker to accompany the OSHA officer during the inspection
• Withhold their names from the employer after completing a written complaint
• Be free of retaliation from the employer because of an OSHA complaint

Employer Obligations Under OSHA

In addition to providing construction workers rights under OSHA, the employer also has several regulations to follow. Among the obligations created by OSHA, employers must:

• Ensure the construction site and job duties are free from recognized hazards
• Inform all construction workers of the OSHA safety and health standards that apply to the jobsite
• Display the official OSHA poster with employee rights and employer responsibilities in a conspicuous place
• Inform all construction workers of the location and availability of their medical files when the worker first begins the job and every year thereafter

OSHA Inspections

If a hazard exists on the construction site, the worker should contact their local OSHA office through a written complaint. If the OSHA office finds reason to believe that a violation or danger exists on the construction site, the office will send an officer to conduct an inspection. A chosen employee representative will be allowed to accompany the officer during the inspection. The employer does not have the authority to select the workers' representative. The OSHA inspector may conduct a full inspection of the entire construction site or a partial inspection of a few selected areas of operation. Following the OSHA inspection, the officer will meet with the employer and employee representative to discuss any violations or hazards that may have been found on the construction site.

Your employer has an obligation to provide you with a reasonably safe construction site. If you have been injured on the job, your employer may have been in violation of OSHA standards. Fill out our case evaluation form today for free legal advice from a construction accident lawyer.