What Are Hazardous Working Conditions?
There are several examples of what constitutes unsafe working conditions. Government bodies having jurisdiction over the workplace are tasked with keeping employees safe. This organization is called OSHA for the federal government and the DTE for the Michigan state government.
Essentially, unsafe working conditions are hazards that are in play that could injure an employee. If you work at an assembly line, for example, if your hand is not covered, you could lose your fingers in a machine. If you work in a construction site, the same applies. Customers can be hurt if there are slip and fall hazards in play. Essentially, anything in your working environment that poses a threat to your well-being falls under the scope of an unsafe working condition.
Unsafe working conditions do not limit themselves to job sites , however. They can be present in the corporate office or in an industrial warehouse. Industrial warehouses often have overhead cranes and bars and some corporations have ergonomic chairs for those who sit at a desk for long periods of time. Toilet rooms can be another hazard. Slip and fall hazards typically abound if these are not properly maintained.
Clearly there are many different ways in which a working environment can be an unsafe one to be in, but the important thing to remember is that these hazards pose a risk to your health. OSHA and the DTE are intended to prevent people from sustaining injuries on the job, and to call them when your workplace is unsafe. Types of occupational hazards include physical hazards (e.g., slip, trip and fall), ergonomic hazards (e.g., repetitive motion), chemical hazards (e.g., contact with asbestos, exposure to lead), and radiological hazards (e.g., microwaves).
What Your Rights Are As a Worker
Under federal and state law, employees have a variety of rights to work in safe and healthy working environments. The Occupational Safety and Health Administration (OSHA) is charged with the responsibility for ensuring that employers provide all employees with an environment free from recognized hazards. Although many people think of OSHA as concerned mainly with the prevention of physical injuries, it also applies to employers’ obligations to provide their employees with safe and healthy working environment, free from long-term exposure to harmful chemicals, even if it may seem at first blush that there is no specific physical harm involved.
According to its website, "The Occupational Safety and Health Act [Section 5(a)], OSH Act permits the U.S. Secretary of Labor to issue regulations prescribing the safety and health standards to be followed by employers." Not only does OSHA require an employer to provide employees with a safe and healthy working environment, but under 29 U.S.C.A. §207(a)(1) and §215(a)(3), however, that employee has the right to initiate an OSHA inspection or to inform OSHA of unsafe working conditions without facing any kind of retaliation from his or her employer. Complaints for retaliation can also be brought under California Labor Code §6320 and California Government Code §12653. Such retaliation may include, but is not limited to, discharge or layoffs, denial of overtime, refusal to assign extra work, demotion, suspension, transfer or discipline. For example, if a worker were to express concern to her supervisor about exposure to fumes with known carcinogenic properties, and her supervisor responded by transferring her to a night shift, she may have a valid claim for wrongful discharge. Similarly, in spite of the expense, an employee may be entitled to an employer paying for a family member to accompany a worker to doctor’s visits, despite the expense to the employer.
When Can You Take Your Employer to Court?
The majority of workers in the United States are covered by the state’s workers’ compensation laws. These workplace injury remedies, however, are limited to workers whose employers are covered under the law. Employees covered under workers’ compensation can’t sue their employer. "Comp" is the exclusive remedy for injured workers. To sue your employer you must be outside the worker’s compensation laws.
If your employer did not carry workers’ compensation insurance at the time of the injury, you may be able to sue your employer. Sometimes, an out of state corporation does business in Michigan but does not carry workers’ compensation insurance here. Federal government workers and employees of one-person businesses are also outside the workers’ compensation laws. Other than these limited situations, workers’ compensation is the exclusive remedy for most injured workers, so don’t count on suing your employer.
Illegal Acts – You may avoid the fighting words rule, and sue your employer for an unsafe working environment, when the company intentionally violates a state or federal law. The employer has to do something illegal, beyond what is called "fighting words", for you to be able to sue your employer directly – not through workers’ compensation.
Not Following OSHA – If your employer violated federal standards set up by the Occupational Safety and Health Administration (OSHA), the employee may be able to bring direct legal action against the employer for an unsafe working environment. The federal workplace safety and health law provides that an employer can be sued for intentional violations of the law. Direct legal action is allowed when an employer willfully violates an Occupational Safety and Health Standard, issued by the federal government. This willful violation example is limited to extremely serious violations of federal safety standards.
Refusing to Follow Standards – If the federal law requires an employer to comply with specific requirements, and the employer intentionally doesn’t follow them, then an employee may be able to sue the employer directly.
What to Do Before Filing a Lawsuit
Before pursuing such an action, you should report the unsafe conditions to OSHA and/or your HR department. A follow up letter to HR should follow. "These steps may spare you considerable stress by helping to identify and correct the safety issues and may even prevent you from having to go to court." OSHA would also, in evaluating whether to address the unsafe conditions cited, want to know what steps you’ve taken so far.
When OSHA receives a complaint, they can either do nothing with it (by disregarding it as a lack of reasonable belief that a safety issue exists) or prioritize it for further investigation. OSHA inspectors or investigators will schedule on-site visits as necessary to determine the nature and severity of the risk to determine if Order #2 is necessary. In practice, most employers respond promptly to an OSHA request and elect not to contest the subsequent OSHA Citation.
Once you file a lawsuit, you’re committed. It’s time consuming and always an expensive proposition (if your employer contests). It may be the best route though if there’s no real possibility of the company addressing, correcting and preventing the hazards being reported.
Bringing a Lawsuit for Hazardous Working Conditions
In order to file a lawsuit against your employer, you need to select an attorney to represent you in the matter. Your selection of the correct lawyer can be critical to your case, so be sure to choose carefully. You also need to make certain you are obtaining a lawyer who has experience dealing with filing lawsuits against employers, and hopefully someone who has handled similar cases in the past.
Next, you will likely need to speak with your chosen attorney and provide information about your situation . The attorney will then advise you and help you prepare the necessary documents to eventually file a lawsuit against your employer. The attorney may need to file some documents and motions before actually getting to the point of filing the suit.
Once the attorney has completed working on all the necessary filings prior to the actual lawsuit, your attorney can file the lawsuit against your employer for endangerment or unsafe working conditions that caused you to be injured or put your health at risk.
Possible Outcomes in Your Case
If you have a good case, there is a chance that your employer might want to settle your lawsuit. While it’s true that lawsuits can be expensive and time consuming, it’s often not in the best interest of an employer to get wrapped up in litigation without paying a victim for their injuries. No one wants publicity of a lawsuit, especially one regarding an employee who was injured on the job. Some employers will gladly settle a case just to avoid that possibility and do what’s right.
What exactly happens during a lawsuit when you sue your employer for unsafe working conditions? It varies from case to case. While you may spend months gathering evidence and moving through various court proceedings, the end result is usually a judgment in your favor. The judgment may require your employer to compensate you for your injuries, award your medical expenses as covered, or order your employer to change their policies to fix the issues that were brought up in the lawsuit.
Other Ways to Handle the Situation
Alternative methods to resolve a dispute regarding unsafe working conditions include mediation, arbitration, or both. These alternative resolution options are very common in employment contracts. A contract may require the parties to go through mediation and/or arbitration before going to court.
If you and your employer have agreed to use mediation and/or arbitration, the first step is to send a formal letter which sets out the dispute and your demand. This is usually the same as what you would do if you were to file a complaint in any court system. Your need for an attorney will generally depend on how confident you feel in this process or how serious the dispute is.
If the contract does not mention mediation and/or arbitration, it may be worth it to explore using these avenues of resolution. There are many benefits to using these processes instead of litigation. For example, you can expect to pay less to resolve your dispute. Mediation is generally free to parties and arbitration costs much less than a lawsuit. Further, mediation and arbitration tend to allow you to obtain a resolution to the problem much faster than going to court. This is especially important in a safety cases where the hazard is ongoing and needs to be resolved to protect your health and safety.
How to Avoid Hazardous Workplaces
The best way to prevent unsafe working conditions and the need for an unsafe environment lawsuit is to avoid situations that can negatively impact employee health and safety from the beginning. This not only protects workers’ rights when the situation is handled promptly and effectively, but also eliminates the need for legal intervention if employees are kept free from harm.
It should be a standard practice in any workplace for management to enforce both company and labor laws regarding employee safety. In addition, it is recommended that employers implement written policies and procedures that address all potential hazards, from slips and falls to toxic fumes to heavy machinery. This will increase the likelihood that employees will use caution in the workplace.
If any hazardous materials or chemicals are present, it is vital to ensure they are marked clearly and stored properly behind locked doors and in appropriate containers . Employees must also be trained in how to handle any such material they may come into contact with, and provided with protective equipment where necessary.
In situations where it is possible for hazards to manifest, management should consider taking action to conduct a risk assessment on the property and environment. This is very important in areas where the use of machinery, tools or complex equipment is involved. By having a professional assess the potential for unsafe working conditions, you can help ensure the safety of your staff and minimize their risk of injury.
Both employers and employees will benefit from following these practices. By keeping up with employee safety regulations and logging all concerns and potential issues with management, workers’ rights are protected. If you’ve become injured as a result of unsafe working conditions, it may be prudent to consult with an attorney that can help determine the best path for you.