At Amanda L. Biondolino, PLLC, we are committed to ensuring that every worker enjoys a safe and healthy work environment and that those who violate safety regulations are held accountable.
We represent employees throughout Florida who are facing unsafe working conditions or retaliation for reporting OSHA violations. Contact us today to schedule a consultation and learn more about how we can assist you.
Your Right to a Safe Workplace Under OSHA
Employees have a fundamental right to a safe and healthy work environment, and private employers are legally obligated to comply with safety regulations set by the Occupational Safety and Health Administration (OSHA).
Ensuring a safe and healthy work environment is a fundamental right, and private employers are legally obligated to comply with safety regulations set by the Occupational Safety and Health Administration (OSHA). OSHA requires employers to correct recognized hazards and protects employees who report unsafe working conditions.
Unsafe Working Conditions in the Workplace
Unsafe working conditions may include exposure to toxic chemicals, unsafe or unguarded machinery, lack of protective equipment, heat exposure, blocked exits, or being required to perform dangerous work without proper training.
Retaliation for Reporting Workplace Safety Violations
If you believe your workplace is unsafe, we are here to help. If you have been retaliated against for reporting safety violations, we can help you take the necessary steps to preserve your rights. Retaliation can include firing, demotion, pay cuts, shift changes, or harassment.OSHA retaliation claims are subject to a strict (and short) filing deadline, so it is important to act quickly.
Frequently Asked Questions About Workplace Safety Violations
What is the OSH Act?
The Occupational Safety and Health Act of 1970 is a federal law that requires employers to provide workplaces free from recognized hazards that could cause death or serious harm. The law is enforced by the Occupational Safety and Health Administration (“OSHA”).
What are my basic safety rights under the OSH Act?
As an employee, you have the right to:
- A workplace free from serious health and safety hazards
- Receive training in a language and vocabulary you understand
- Access information about workplace injuries, hazards, and your employer’s safety programs
- Request an OSHA inspection if you believe unsafe conditions exist
- Report safety concerns without fear of retaliation
Unsafe working conditions may include:
- Exposure to toxic chemicals without protective equipment
- Broken or unguarded machinery
- Excessive heat exposure without breaks or water
- Electrical hazards or blocked exits
- Being required to work while injured
How do I report unsafe working conditions to OSHA?
Workers can file a complaint with OSHA online, by phone, or by mail. Complaints can be filed confidentially, and you may request that OSHA not reveal your name to your employer.
Can I be fired for reporting unsafe conditions?
No. The OSH Act prohibits employers from retaliating against workers for:
- Filing a safety complaint
- Requesting an OSHA inspection
- Participating in an OSHA investigation
- Reporting a work-related injury or illness.
Retaliation can include firing, demotion, pay cuts, shift changes, or harassment. If you face retaliation, it is important to act fast. Workers have a very short deadline to file a retaliation complaint with OSHA. If you wait too long, your claim will be barred.
Do all employees in Florida have OSHA protections?
Most private-sector employees in Florida are protected by OSHA. However, independent contractors are not protected by OSHA, and public-sector (government) employees are generally not covered by federal OSHA.
What is the deadline to report a safety concern or retaliation?
Reporting unsafe conditions and filing a retaliation complaint are two different processes, with different deadlines and legal standards.
If your employer retaliated against you for engaging in conduct protected by the OSH Act, it is important to act fast. You only have 30 days to file a retaliation complaint with OSHA. If you wait too long, your retaliation claim will be barred.
There is no deadline to file a safety violation with OSHA, but it is important to act quickly so the unsafe condition is fixed as quickly as possible. Also, OSHA can only issue citations within 6 months of the incident.
What happens after I file an OSHA workplace safety complaint about unsafe working conditions?
After you file a complaint with OSHA, the agency reviews it to decide whether it describes a potential safety or health violation. You will likely be contacted by the assigned investigator to give a sworn statement supporting your complaint. OSHA may then contact your employer, request a written response, or open an on-site inspection. You will be notified of the outcome once the investigation is complete.
Do I need a lawyer to file a complaint with OSHA?
You do not need a lawyer to file a complaint with OSHA about unsafe or unhealthy working conditions. OSHA’s process is designed so workers can use it on their own, and you can file online, by phone, or by mail.
However, speaking with an employment lawyer can help you understand the legal standards and limits of OSHA’s jurisdiction, gather and present evidence to support your complaint, and make sure your concerns are understood during the process. Because the outcome often depends on how the facts and law are presented, having legal representation can improve your chances of a fair and favorable decision.
An employment lawyer can also evaluate whether additional claims may exist beyond the OSH Act.
