Forklift Safety Requirements

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Forklifts are some of the most commonly used pieces of equipment on worksites and in warehouses. These powered industrial machines are used to lift and then transport loads with ease and precision. Because they are powerful devices, there is considerable risk in operating and working around forklifts. The Occupational Safety and Health Administration (OSHA) has established some specific forklift safety requirements to help reduce accidents and injuries. 

Workplace Forklift Injuries by the Numbers

Forklifts on a job site or in a warehouse can create an incredibly dangerous situation for workers. OSHA estimates that forklift accidents result in roughly 35,000 serious injuries, 62,000 non-serious injuries, and 90 fatalities annually. Even more disturbing is that about a quarter of these accidents are the result of inadequate training, highlighting the importance of making forklift safety a priority in the workplace. 

Essential Tips for Forklift Safety and Accident Prevention

There are more than a million forklifts in operation in the U.S. alone. An injury involving a forklift can be life-altering for the worker and their loved ones. To protect workers, OSHA has established forklift safety requirements, which can be found in 29 CFR 1910.178. 

OSHA requires that employers provide forklift training to workers that includes information on vehicle types, general operation instructions, and various safety requirements. Through a combination of practical and formal training, workers are expected to learn about forklift safety before operating or being around these machines. And, they must receive recertification in forklift operation at least every three years. Here are some of the most essential tips for forklift safety.

1. Get Forklift Certification

Since many accidents are due to poor or no training, it’s vital that employees operating forklifts or working around them get proper training and licensing. 

2. Understand the Forklift Classes

OSHA recognizes different types or classifications of forklifts. Each type has its own weight limit, structure, usage, turning radius, and traveling speed. So it’s essential to understand these differences to follow proper safety procedures. 

3. Wear Proper Clothing

Forklift operators should be dressed appropriately to avoid clothing getting caught in equipment or other injuries from excessive heat and falling objects. Some necessary items include a hard hat, safety shoes, and high visibility vest or jacket. 

4. Inspect the Equipment Daily

Forklifts should be inspected before each daily use. Some of the recommended checks include a test of all controls, examining tires, inspecting forks for damage, and checking fluids for any leaks. 

5. Establish a Floor Marking System

A floor marking system that includes directional arrows, hazard markings, and safety items like emergency switches can lead forklifts along the right path and keep pedestrians safe. 

6. Maintain 360-Degree Visibility

OSHA has established best practices for operation to provide machinery operators with better forward visibility. These include always looking in the direction of travel, using rear-view mirrors, and making eye contact with others in the area.

7. Avoid Exceeding Equipment Capacity

Every forklift has a maximum capacity. Operators should never exceed the counterweight of the equipment. 

8. Watch Forklift Stability

Every forklift has a center of gravity that it shares with the load it is transporting. Forklift operators must understand the “stability triangle” to prevent the machinery from tipping over. 

9. Know About Load Basics

OSHA advises operators to inspect loads before picking them up with a forklift to ensure they are safe for transport. Make sure the load is centered and secure before lifting the forks. 

10. Never Carry Extra People

Workers should never hitch a ride on a forklift or use a forklift as a lift. These are dangerous practices. 

11. Maintain an Appropriate Speed

Always drive the forklift at safe speeds and avoid abrupt turns or direction changes that could lead to tipping. Never travel with reach out or turn with forks elevated. 

12. Avoid Hazards Around the Area

Avoid standing or walking under a forklift attachment or load, either of which could fall and cause serious injury. 

13. Keep a Safe Distance

Always remain mindful of the surrounding area when operating a forklift. Keep a safe enough distance that there is room to turn, stop, and get out of the way of other machinery. 

14. Park the Equipment Properly

Be sure to park the forklift in a safe and designated place at the end of a shift to avoid blocking pathways. Apply the parking brake and fully lower the forks to the floor for storage.

Learn More About Protecting Yourself from Workplace Forklift Accidents

Whether you work in a warehouse, in construction, or in some other industry, your employer is obligated to provide you with a safe workplace that protects you from dangerous forklift accidents and injuries. Having the appropriate training and procedures in place is essential. To learn more about protecting yourself from workplace forklift accidents, contact OSHA Injury Attorney directly. 

The Top 10 OSHA Standards Cited for Violations in 2021

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In October 2021, OSHA released its preliminary data for its top 10 most-cited standards for fiscal year 2021. The data includes violations the agency issued between Oct. 1, 2020, and Sept. 30, 2021. The preliminary list was presented at the 2021 NSC Safety Congress and Expo, and the final results will be released in the coming months.

For the 11th straight year, Fall Protection tops the list. In truth, not much on this list has changed, although Hazard Communication moved to number five from number two last year.

Although it would be tempting to give the annual list a casual glance and move on with business as usual, OSHA and thousands of injured workers would prefer that employers did a bit more. A deeper dive into these OSHA standards could give many employers the information and tools they need to implement better workplace safety programs and give workers the protection they need and deserve.

Here are the Top 10 OSHA Safety Standards Cited for Violations in 2021

  1. Fall Protection – General Requirements (1926.501): 5,295 violations

For more than a decade, Fall Protection has topped this list as the most cited OSHA violation. OSHA created this particular standard to prevent falls, which, in the construction industry alone, account for roughly 40% of all workplace deaths.

To prevent fall injuries and deaths, it’s essential that employers supply workers with safety net systems, hole covers, guardrails, warning signs, and personal fall arrest systems. According to OSHA, these items must be in place when heights are six feet or more on construction sites and four feet or more in general industries. In addition, employees must be adequately trained on the proper use of all fall protection measures.

  1. Respiratory Protection (1910.134): 2,527 violations

OSHA’s standard for Respiratory Protection is intended to safeguard workers from respiratory hazards in the workplace. The standard covers every aspect of worker protection, including selection, fit testing, procedures, evaluation, training, use, cleaning, and maintenance of equipment. Areas most often cited by OSHA are failure to establish a Respiratory Protection program, failure to identify workplace hazards, and lack of medical evaluations or proper equipment.

  1. Ladders (1926.1053): 2,026 violations

Working with ladders can be dangerous, and accidents involving them can lead to serious injuries. OSHA regulates the use, repair, and alteration of ladders on a job site. The most frequent areas of the OSHA Ladder Safety Standard that are cited include using ladders unsafely, using broken ladders, and not extending ladders far enough over an upper landing surface.

  1. Scaffolding (1926.451): 1,948 violations

Scaffolding is commonly used on construction sites, and its improper use can be dangerous and deadly. OSHA most commonly cites violations of this standard that include failure to use fall protection and the use of cross braces for access.

  1. Hazard Communication (1910.1200): 1,947 violations

The Hazard Communication Standard refers to the handling of chemical hazards in the workplace. The most commonly cited violations of this hazard include failure to implement a hazcom program, lack of training, and failure to maintain Safety Data Sheets.

  1. Lockout/Tagout (1910.147): 1,698 violations

A Lockout/Tagout Standard applies to workers who repair, service, or maintain machinery or equipment. The areas of this standard cited most frequently for violations include training, inspections, general procedures, and an energy control program.

  1. Fall Protection – Training Requirements (1926.503): 1,666 violations

OSHA requires that employers not only have fall protection in place but that employees also understand how to use it. Employers are frequently cited for a failure to train employees on these workplace safety measures.

  1. Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 1,452 violations

About 90%% of workplace eye injuries could be prevented through the use of proper eye and face protection. Violations of this OSHA standard include the failure to use proper personal protective equipment (PPE) and a lack of training and workplace standards.

  1. Powered Industrial Trucks (1910.178): 1,420 violations

This OSHA standard governs the design, use, maintenance, and fire protection of powered industrial trucks like tractors, fork trucks, and motorized hand trucks. Lack of maintenance, training, or poor signage are leading causes of violations.

  1. Machine Guarding (1910.212): 1,113 violations

Any machine process or part that could cause injury must be safeguarded. OSHA issues citations when guards are removed, altered, or not repaired, creating a serious workplace hazard.

In addition to the possibility that violating any of these OSHA standards could result in accidents, injuries, and loss of life, these citations come with hefty fines. In the construction industry alone, OSHA issued 16,749 citations in FY2021, resulting in $58,691,406 in fines.

OSHA standards aren’t in place to make the job of construction companies or contractors harder or more costly. They exist to protect the health and safety of workers. Workplace injuries and deaths are equally tragic and cost the industry millions each year.

If your employer is subject to OSHA regulations (most are), you have rights should you become injured or sick through the course of your employment. If you’ve been injured at work and would like more information about how to protect your rights, OSHA Injury Attorney can help.

How Important Is Personal Protective Equipment (PPE) On a Construction Worksite?

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Personal Protective Equipment, or PPE, has received a lot of attention in the news over the past year and a half as a result of the coronavirus and the urge to reduce the spread of the infection. The increased demand for PPE in various industries has led many to think about the necessity of PPE in their own workplaces. While protective gear has always been necessary for the construction industry, the pandemic has heightened awareness about the importance of construction workers protecting themselves. Here’s an overview of the basics of Personal Protective Equipment and how important it is on a construction worksite.

What Is PPE?

PPE is equipment that protects against certain workplace hazards, ranging from falling objects to viral transmission. It is important to understand that PPE includes more than just masks which are intended to help prevent the spread of the coronavirus; PPE in construction refers to a range of different gear. PPE should be thought of as a necessary protection for any worker on a construction site, not merely an accessory. 

Common Types of Personal Protective Equipment

Personal protective equipment varies by industry. During the start of the pandemic, masks in the healthcare industry received a lot of attention. In the construction industry, common types of PPE include:

  • Hearing protection. Construction workers are often exposed to loud noises that can contribute to occupational hearing loss. The best way to prevent hearing loss is to ensure that all workers are equipped with appropriate hearing protection PPE. This is especially important for workers who are working with loud machines and equipment, or who are on demolition sites where explosions are common.
  • Head protection. One of the most important types of PPE is a hard hat, which provides protection from falling objects. Head injuries can occur when a construction worker is struck in the head with an object, or if they fall and hit their head. Certain hard hats can also reduce exposure to high-voltage conductors, and therefore should be used anytime there’s a risk of an electrical hazard.
  • Eye and face protection. Falling objects, flames, dust, debris, shards of metal, bright light, and small objects (like nails and screws) all pose a risk to a construction worker’s eyes and face. Wearing eye and face protection when on a construction site, especially when engaging in certain activities—such as welding or working in an area with harmful chemicals—is critical. Eye injuries can be devastating but, fortunately, are almost always preventable with the right gear.
  • Foot protection. All workers on a construction site should always wear appropriate work boots that provide protection from punctures and heat, and that provide slip protection. Waterproof boots are also strongly recommended in many cases. 
  • Skin/body protection. Construction workers are often working outside, exposed to the elements, for hours at a time. While working in the sun may seem enjoyable on a nice day, the reality is that repeated exposure to sun, heat, and other hazards, such as chemicals, can lead to serious illness and disease. Construction workers are at an increased risk of developing skin cancer, a disease that can be prevented by proper skin/body PPE. 
  • Lung/respiratory protection. Breathing in chemicals, dust, and small particulates on a job site for hours a day, every day, can lead to serious respiratory complications and even cancers and other occupational illnesses in some cases. Wearing an appropriate mask or using another type of respiratory protective equipment is absolutely necessary for construction workers.

 

Of course, in addition to the above, construction workers should follow CDC and state guidelines regarding the use of masks to reduce the spread of coronavirus. You can read more about OSHA standards for PPE for workers in the construction industry here. 

Why Is PPE So Important In the Construction Industry?

Construction workers are at an increased risk of injury based on their occupation; workers in this industry suffer an increased risk of fatal injuries compared to workers in other jobs. Working outdoors, using power tools, working at heights, working with dangerous chemicals or substances, and working with large equipment and machinery can be extremely dangerous. Workers can reduce their risk of injury and occupational illness simply by using PPE appropriately. Managers should make sure that construction workers are trained on the proper use of PPE and that all workers on a site have access to appropriate PPE. 

Learn More About The Importance of PPE for Construction Workers Today

If you are a construction industry worker who has more questions about Personal Protective Equipment and how to keep yourself safe in the workplace, OSHA Injury Attorney can help. You can contact us today for answers to your questions about PPE and the law.

How Important Are Safety Meetings?

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For workers in a variety of industries where the risk of injury is high, regular safety meetings are a critical part of informing everyone of workplace risks and keeping people alert and aware of hazards. Consider the following information about safety meeting basics and reach out to OSHA Injury Attorney if you have questions about safety meetings and related safety regulations.

What Is a Safety Meeting?

A safety meeting can be a formal gathering where workplace safety protocols are reviewed and hazards are identified, or it can be a less formal meeting that happens briefly before a specific job or activity. During a safety meeting, workers may be briefed about job hazards, safety equipment may be checked, or training may be reviewed. These meetings are important for combating complacency and helping everyone in the workplace stay safe. 

What’s Covered in a Safety Meeting?

Safety meetings can cover a variety of different topics depending on the industry in which they are occurring. For example, workers in delivery services may be briefed on safe driving practices and common dangerous driving behaviors, such as drunk driving. In other industries, such as construction, a construction site safety meeting may cover things like fall protection, scaffolding requirements, Personal Protective Equipment (PPE) requirements, safety around electricity, power tool and equipment safety, etc. Safety meetings might also occur in factories, as workers may need to be briefed on equipment hazards or assembly line best practices. When new safety concerns arise—such as the coronavirus—workers may be invited to a safety meeting where best practices for addressing the new hazard are reviewed. 

What Industries Need Safety Meetings?

Safety meetings can be relevant for workers in a variety of different industries; even office workers may encounter hazards in the workplace. Of course, some industries are more dangerous than others. Industries for which safety meetings are absolutely necessary include construction, manufacturing, logging, powerline workers, trucking, and any industries in which workers are exposed to heavy equipment, machinery, or other hazards. 

Tips for an Effective Workplace Safety Meeting

If you are a manager who is responsible for hosting workplace safety meetings, understanding best practices of effective safety meetings can go a long way in ensuring that workers hear the information. Here are a few ways that you can improve the efficacy of workplace safety meetings include:

  • Prepare in advance. It’s best to prepare for a safety meeting well in advance, both so that you as the employer have time to gather relevant information on the topics you want to cover, and so workers can be invited well in advance and have the meeting added to their calendars. If you’re not prepared when hosting a safety meeting, it will show.
  • Think about timing. When thinking about timing for the safety meeting, there are two main components to consider: first, when you’ll host the meeting, and second, for how long the meeting will last. This is where it’s important to have empathy: Consider that a worker who’s been on the job all day may not want to spend an extra two hours going over safety information. If you can keep the meeting short (while still covering all pertinent information!) and schedule it at a time that’s convenient for employees, the information may be better received.
  • Be relevant. Make sure that whatever safety information you’re planning to talk about is relevant to your industry and your business. If there have been recent safety incidents in your workplace, these can be a great starting point.
  • Keep it engaging. No one wants to listen to their employer drone on and on for hours about any topic. If you keep the meeting brief while also providing relevant, engaging content, you’ll have a better chance of keeping your audience’s focus. And don’t forget to ask questions or otherwise prompt participation during the meeting, too.
  • Follow up. Finally, be sure to follow up with workers after the safety meeting. You can consider asking for feedback, send out a survey, or send out an email or another notice with the information you shared in written form.

Learn More About Safety Meetings in the Workplace

Workplace safety meetings can provide critical safety information that helps to prevent injuries, especially in high-risk industries. In certain industries, such as manufacturing and construction, safety meetings are especially important. To learn more about the importance of workplace safety meetings and what types of information should be covered for specific industries, call OSHA Injury Attorney directly today.

Preventing Common Workplace Equipment Injuries

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Many industries rely on large pieces of equipment and machinery to get work done. While equipment and machinery are often critical, large equipment and machinery can also be dangerous. Machinery and equipment defects and improper operation of workplace equipment will often lead to severe injuries or even death. Fortunately, there are ways to reduce the risk of accidents and injury. Consider the following about common workplace equipment injuries and how to prevent them.

Common Workplace Equipment Injuries

Working around equipment can be dangerous. For workers in the construction industry, manufacturing industry, and logging industry, working around heavy machinery and large equipment is risky. Some of the most common types of workplace equipment accidents and injuries include: 

  • Amputation injuries. Amputation injuries are an especially devastating injury type and can occur when a worker’s limb is caught in a piece of equipment or otherwise impacted by a sharp or heavy object to the point where amputation is medically necessary. 
  • Crush injuries. Crush injuries can sometimes lead to the amputation of a limb. Crush injuries can occur as a result of a worker being caught in machinery or equipment, struck by falling equipment, or run over by equipment. 
  • Caught-in/between injuries. Caught-in/between machinery injuries are one of the leading causes of fatal injury within the construction industry, as reported by the Occupational Health and Safety Administration (OSHA). 
  • Fall injuries. Falling while trying to operate or exit from machinery or equipment can lead to bone fractures, soft tissue injuries, head injuries, internal injuries, and other serious injury types. 
  • Backing-up injuries. One of the most serious types of accidents is a backing-up accident, which occurs when a worker is struck by a piece of machinery/equipment that is in reverse. These types of accidents can be fatal or lead to severe long-term harm. 
  • Electrical injuries. Many machines and equipment rely on electricity to run. Sometimes, faulty wiring, other defects, or improper operation can lead to electrical burns or electrocution, which can be fatal.

Tips for Preventing Common Workplace Equipment Injuries

The vast majority of workplace injuries can be prevented with proper safety training and regular inspection and maintenance of equipment and machinery. Some tips for preventing common workplace equipment injuries:

  • Ensure all operators are properly trained. One of the most critical elements of preventing workplace equipment injuries is simply ensuring that all workers are properly trained on the correct and appropriate operation of equipment. Failure to provide comprehensive and routine training significantly increases the risk of injury and may also be a violation of workplace safety standards. 
  • Host regular workplace safety meetings. Safety meetings are a time to review training, go over workplace hazards, discuss best practices, review PPE requirements, and otherwise check in about the best ways to prevent injuries and keep everyone in the workplace safe.
  • Encourage awareness of surroundings. Even when equipment is properly operated and is working as expected, there could be external factors that contribute to the risk of an accident. Encourage operators to always be hyper-vigilant and aware of their surroundings and to always assess a worksite before using equipment or machinery.
  • Ensure PPE is used. Personal Protective Equipment, or PPE, can help to reduce the risk of injury. All workers should have access to the appropriate PPE for the job and be trained on how to use it. 
  • Regularly inspect and maintain equipment. Regularly inspecting equipment and regularly maintaining it can help to prevent equipment defects that lead to severe injuries. 
  • Mitigate hazards. It’s important to identify and remove known hazards, such as equipment hazards, infrastructure hazards, or hazardous practices. Hazard mitigation should be an integral part of all workplace safety plans. 
  • Report injuries and accidents. When an equipment or machinery accident does happen, it should be reported immediately and proper steps should be taken to document the incident. Keeping thorough records is one way to help mitigate accidents in the future.
  • Regularly review and respond. In addition to the above, constant monitoring and evaluation of workplace safety practices is essential. Practices and procedures should often be reviewed, as should any safety incidents or accident reports. Making adjustments to workplace safety practices and being adaptable are key elements of creating an effective response plan. 

How to Learn More About Workplace Equipment Injuries

If you have questions about workplace equipment injuries, best practices for preventing injuries, or workers’ rights if an injury does occur, OSHA Injury Attorney is a resource you can trust. Learn more from OSHA injury today online or by calling OSHA Injury Attorney directly at your convenience.

Hurricane Season is Fast Approaching – Power Lineman and Safety

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The Atlantic Hurricane Seasons lasts from the beginning of June until the end of November, with the greatest intensity in storms generally happening from August through October. When they make landfall, these storms can bring untold destruction, requiring tremendous cleanup and recovery efforts.

The 2020 hurricane season broke an all-time record for the most named storms. The 29 named storms last year carved a path of devastating destruction in the Gulf and East coast states. Economic losses totaled an estimated $36 billion, where storms hit many communities in Louisiana before they had a chance to recover from the last one.

When hurricanes, tropical storms, and other disasters strike, many power linemen travel to these impacted areas to help restore electrical power. In addition to the property damage, injuries, and tragic loss of lives that the storms leave in their wake, the clean-up efforts can be just as dangerous.

Hazards Faced by Power Lineman After a Hurricane

The aftermath of a storm often brings more strong winds and rain, heavy flooding, piles of debris, and tons of confusion. But communities can’t get back to normal without the hard work and dedication of the people who repair the damage, such as power linemen.

Even in the best conditions, a power lineman’s job is incredibly dangerous. When you add flooding, debris, and downed lines to the mix, those hazards become even more serious. When dealing with hurricanes and other disasters, power linemen must face a long list of extreme hazards:

  • Falling Objects

It would be a mistake to think that all the blowing around is finished once a storm passes through. Debris will continue to settle and lie in wait for days, weeks, and months, creating additional hazards for power linemen that work in the area. A gust of wind can turn a loose branch or block of wood into a projectile, hitting a worker and/or causing them to fall from a high place.

  • Slip and Falls

Power linemen often work at high elevations, making them susceptible to serious injuries from falls. When you add in slippery and wet conditions, the dangers of this type of accident increase significantly. There is also an increased danger of tripping over debris and slipping on wet surfaces after a storm.

  • Burns and Explosions

When high voltage power lines are downed, severed, or otherwise damaged, there is a serious danger of fires, explosions, and electrocution to those who must work near those materials. Having the appropriate safety equipment on hand is vital to keeping power linemen safe in these conditions.

  • Poor Driving Conditions

Utility workers must often deal with severe road conditions, such as downed trees, flooding, and severed power lines, in the aftermath of a storm. There is even ice at higher elevations in some areas of the country, making road conditions even more treacherous. There may also be pressure from an employer to get to a worksite quickly, which can lead to motor vehicle accidents.

  • Stress from Long Hours

When a major storm hits an area, it can leave thousands of people without power. Since these storms happen during the hottest months of the year, that lack of electricity can be equally deadly for consumers. Power linemen are often expected to dedicate long hours to the task of getting the electrical system in communities back up and running. While a noble job, it can lead to severe stress and take its toll on a body quickly, leaving workers more susceptible to workplace injuries and illnesses.

Power Linemen and Safety After a Hurricane

Even when things are a bit chaotic, the power companies and disaster relief organizations that employ power lineman must take every precaution possible to keep workers safe during cleanup activities. Unfortunately, safety isn’t always a priority, and workers are either seriously hurt or killed.

When a power lineman is injured on the job, there are several options available. The first is to file a workers’ compensation claim to collect available benefits. In some states, an employee can also sue a negligent employer if their actions intentionally placed them in harm’s way or violated federal safety guidelines. An injured worker also has the right to sue a third party if a dangerous or defective product was involved.

Workplace accidents and injuries can be complex, particularly ones that involve storm recovery and cleanup. At OSHA Injury Attorney, our partner firms have extensive experience with these types of cases. We take tremendous pride in protecting the rights of workers who do dangerous jobs and are ready to pursue the compensation you deserve after an injury. If you need a power lineman injury lawyer in Atlanta, visit Bailey Javins, and Carter.

Prevention and Safety – Following OSHA Regulations for Construction Sites

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The Occupational Safety and Health Administration (OSHA) creates standards for employers and enforces the safety and health regulations in American workplaces, including construction sites. All employers and workers must comply with OSHA standards aimed at creating safe work environments.

When OSHA codes and rules are ignored or go unenforced, the consequences can be serious, even fatal. Construction site accidents can lead to severe injuries and lasting consequences for both workers and the responsible parties. How are construction sites supposed to keep employees safe and prevent accidents, and what types of OSHA violations are common in these environments?

OSHA Regulations for Constructions Sites

The construction industry poses so many threats to workers that OSHA has given it particular attention and guidance. The regulator has classified the top four risks to construction workers as the “Fatal Four.”

  1. Falls– Roughly 40% of construction site fatalities are due to falls from roofs, cranes, scaffolding, and other elevations. Typical fatal injuries include internal damage and brain or spinal cord trauma.
  2. Electrocution– More than 8% of construction site deaths are caused by electrocution. These can be caused by contact with overhead wires, defective machinery, or tasks near electrical panels.
  3. Falling Objects– Another 8% of construction site fatalities are due to falling objects, such as construction materials or tools falling from scaffolding, roofs, or cranes.
  4. Compression Injuries– About 4% of construction site deaths are attributed to “caught-between” injuries where workers are compressed by objects or equipment or crushed by falling structures.

Eliminating these threats alone in the construction industry could save more than 500 lives each year. But those aren’t the only risks in construction. Others include:

  • Injuries from fires and explosions– Fires and explosions on construction sites can result from the poor storage or handling of flammable materials.
  • Injuries from equipment– Heavy machinery, power tools, and construction vehicles can malfunction, be used improperly, or have defects that cause injuries.
  • Injuries from trench collapse– When trenches are not dug, planned, or marked correctly, they can collapse and cause injury.

OSHA has created regulations for employers to prevent accidents by establishing best practices in the workplace through rules and education. Employers are also mandated to provide a safe working environment that considers a variety of risks:

  • Equipment safety– Employers must ensure that equipment functions properly and is regularly serviced.
  • Electrical safety– Employers must clearly mark electrical hazards and cover items for safety.
  • Fall safety– Employers must put fall-prevention measures in place when workers use scaffolding or are on roofs.

When an employer falls short of these standards, they could face penalties for OSHA violations.

Types of OSHA Violations

Your employer has an obligation to provide a safe workplace that is free from hazards. There are four different types of OSHA workplace violations:

  • Other-than-serious– There is a condition present that could impact workplace safety and health but likely won’t cause accidents or injuries.
  • Serious– A workplace hazard could cause a serious injury or potential fatality.
  • Willful– An OSHA regulation is being knowingly ignored.
  • Repeated– The workplace has been cited previously for the same violation.

The most frequent OSHA violations relate to workplace accidents. Employers are most frequently cited for the following violations:

  • Hazardous conditions
  • Lack of fall protection
  • Failure to provide respiratory protection
  • Insufficient control of hazardous energy
  • Unsafe scaffolding or lack of fall protection

If You’ve Been Injured Due to a Safety Violation

If your employer fails to follow OSHA workplace safety guidelines, and you suffer an injury, you should report the violation to ensure no one else gets hurt. When an employee reports a violation to OSHA, several things could happen:

  • OSHA might investigate the employer.
  • The employer could be fined and mandated to make changes.
  • The employer could lose its operating license.

No matter what happens between your employer and OSHA, you have the right to secure certain benefits if you were injured on the job. In some cases, those benefits might come from the state workers’ compensation program. But, depending on the circumstances of your accident, you may also be able to pursue a civil case with additional damages.

After an injury, you should always obtain appropriate medical treatment and report the accident and any hazards to your employer. You should also speak with a knowledgeable construction injury lawyer for a free case review.

Speak With an Experienced Construction Accident Attorney

If you’ve been injured in a construction site accident, whether an OSHA violation was involved or not, you may be entitled to compensation. OSHA Injury Attorneys was created to ensure that workers understand their rights as well as the obligations of their employer with respect to workplace safety.

After an injury, you should seek immediate medical attention as well as the advice of a qualified workplace injury attorney. Please complete our contact form on this page, and we’ll put you in touch with an attorney that can explain your options.

How to File a Construction Injury Claim

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The risk of working in the construction industry is significant. Even with the many safety programs and regulations in place, injuries occur regularly, and this industry is considered one of the most dangerous for workers. If you or a loved one has been injured while working construction, knowing where to turn to file a construction injury claim could make a difference in getting the compensation you deserve.

Understanding Prevention and Safety on Construction Sites

Construction workers need to follow safety protocols to the letter to ensure their wellbeing as well as that of other employees and bystanders. But the Occupational Safety and Health Administration (OSHA) also sets forth a long list of regulations that the employer must follow.

Some of the requirements of employers through OSHA include:

  • Provide safe equipment and tools
  • Remove any workplace hazards
  • Display and inform employees of OSHA regulations
  • Provide employees with a safety training manual
  • Establish a hazard communication program
  • Create exposure and medical records and make them available to employees
  • Provide employees access to relevant accident and injury records
  • Allow employees to request an OSHA inspection
  • Furnish employees with copies of past hazard tests

OSHA’s website provides a comprehensive resource that can answer questions about safety in the workplace. If you feel that your construction site violates OSHA standards, you can file a report online or contact the nearest OSHA office to register a complaint.

Filing a Construction Injury Claim

After a construction injury, you should seek immediate medical attention, whether your employer followed safety regulations or not. Once you get the treatment you need and have documented your injuries, it’s vital that you report the injury to your employer. Do this in writing and keep a copy for your records.

Your next step should be to speak with a knowledgeable construction injury attorney that can explain your options and protect your rights. Many injuries that take place on a construction site are covered by workers’ compensation. But you may also have the right to pursue a personal injury claim with opportunities for additional damages. Your attorney can explain these options and help you collect maximum compensation.

Workers’ Compensation vs. Personal Injury Claim

In most states, workers’ compensation is the sole remedy for a person injured on the job. This is an insurance program required by law for most employers that provides certain benefits to workers that are injured or become ill in the course of their employment.

Workers’ compensation provides coverage for medical care, temporary disability (lost wages), permanent disability, vocational rehabilitation, and death benefits. Workers’ compensation is meant to reduce employers’ costs, so it prohibits injured workers from suing their employer after an accident.

There are exceptions, however. If your injury was caused by a third party, you may be able to file a personal injury lawsuit allowing you to collect additional compensation such as pain and suffering. For example, defective tools or machinery can lead to an accident, as can the actions of a person or business that isn’t your employer.

Who Can Be Liable in a Construction Injury Lawsuit?

Workers’ compensation pays benefits regardless of fault. But personal injury cases are fault-based. In general, you can sue parties other than your employer in a construction injury case if they were responsible for your injury or occupational disease. Some examples of parties you might have the right to sue include:

  • Property owners– You may be able to sue a property owner if unsafe or hazardous conditions led to your injury.
  • Other contractors– If you were injured due to the negligent actions of another contractor that works for a different employer, you might have a personal injury case.
  • Manufacturers of tools and equipment– If a defective tool or piece of equipment caused your injury, you could file a personal injury lawsuit against the designer or manufacturer.
  • Other drivers– If you were injured in a vehicle accident, you may be able to hold the other driver accountable for your injuries.

Even if you were partially at fault in the accident, you may have the right to pursue damages against one of these parties. But most claims are met with strong resistance by insurance companies that want to avoid paying what a case is worth. It’s important that you speak with an attorney immediately that can investigate your case, preserve evidence, and pursue a positive outcome.

Speak With an Experienced Construction Injury Attorney

After a construction site accident, it is equally vital that you understand your legal rights and take action quickly. OSHA Injury Attorney’s primary goal is to ensure construction workers have access to the information they need to stay safe in the workplace and exercise their rights when necessary.

If you or a loved one have been injured on the job or have concerns about OSHA violations, please complete our contact form below. We will forward your information to a qualified construction injury attorney that will provide the assistance you need.

OSHA Guidance on Workplace Ventilation

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Ensuring adequate ventilation in the workplace can help to reduce the risk of worker illness and occupational disease. OSHA provides specific recommendations related to workplace ventilation. If you are a worker who believes that your rights related to proper ventilation have been breached, or if you have suffered an injury or illness as a result of improper ventilation in the workplace, please reach out to an OSHA Injury Attorney directly to learn more about your rights and how we can protect them.

OSHA Standards: Ventilation in the Workplace

Proper ventilation is key to maintaining or improving air quality in an indoor space, and OSHA has established ventilation standards for general industry, maritime, and construction. Because these guidelines vary slightly depending on industry type, it is important to familiarize yourself with the guidelines specific to the industry in which you work, or to consult with an attorney.

General industry

 General industry regulations related to ventilation are found in Standard Number 1910.94. A few of these regulations include:

  • When exhaust dust cannot be controlled by enclosure or exhaust ventilation, particulate filter respirators may be used for short, intermittent dust exposure;
  • A local exhaust ventilation system shall be provided and used wherever dry grinding, dry polishing, or buffering is performed; and
  • Ductwork must meet the requirements specified throughout the standard.

The above list is far from inclusive and should be thoroughly reviewed by all general industry employers.

Maritime

 Regulations related to ventilation for maritime workers are found in Standard Number 1915.51 and 1918.94, the former of which addresses ventilation requirements for welding, cutting, and heating, and the latter of which addresses ventilation and atmospheric conditions in general, including ventilation with respect to carbon monoxide, fumigated grains, grain dust, and more.

The ventilation requirements for welding, cutting, and heating hold that general ventilation should be of sufficient capacity to maintain welding fumes and smoke within safe limits, and that local exhaust ventilation must also be of sufficient capacity and able to remove fumes and smoke at the source. General ventilation must be provided whenever welding, cutting, or heating is performed in confined spaces.

The second standard requires that if natural ventilation is inadequate to keep carbon monoxide concentrations within allowable limits, supplementary means must be used.

Construction

 Construction industry ventilation requirements are addressed in Subpart 1926.57. Essentially, this section holds that any time that “fumes, mists, vapors, or gases” exist or are produced during construction, their levels and concentrations cannot exceed certain limits (found in Section 1926.55(a)). In order to ensure that concentrations do not exceed the set limits, ventilation may be used and, if it is used as a control method, it must be installed and operated according to certain requirements.

Section 1926.57(f)(4)(i) indicates that the “construction, installation, inspection, and maintenance” of exhaust systems must conform to the requirements set in the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems.

Ventilation During COVID

In addition to the general ventilation requirements addressed above, OSHA has also issued COVID-19-specific ventilation guidelines for all industries. These recommendations include, but are not limited to:

  • Ensuring that all HVAC systems are properly working and are fully functional;
  • Redirecting personal fans to ensure that air is not blowing from one worker to another;
  • Using HVAC filters that have a Minimum Efficiency Reporting Value (MERV) rating of 13 or higher;
  • Considering the use of portable High-Efficiency Particulate Air (HEPA) fans and filtration systems;
  • Using personal protective equipment (PPE) when changing air filters; and
  • Keeping exhaust fans in bathrooms on and ensuring that they are fully functional.

Your Rights When Ventilation Requirements Are Breached

When proper ventilation is not employed, especially in high-risk injuries like construction and maritime, workers may be at risk of suffering short- and long-term complications, ranging from respiratory illnesses to cancers and more. If you believe that your employer is failing to provide proper ventilation that is consistent with OSHA requirements, you should consult with an attorney. An attorney can guide you through the process of filing an OSHA claim, as well as pursuing workers’ compensation insurance benefits if you have been injured or have developed an occupational disease.

OSHA Injury Attorney’s Mission

The goal of our OSHA Injury Attorneys is to make sure that workers have access to information about their rights and how to stay safe in the workplace. When workers’ rights are breached, it is important that they seek the guidance of an attorney who can provide guidance and legal support in helping workers pursue damages and recover compensation. If you have concerns about your employer’s failure to meet ventilation requirements, or if you have been injured on the job, please complete our contact form and we will forward your information to a qualified workplace injury attorney.