When should an unsafe condition be reported?

September 27, 2022

Posted in Construction Accidents, Work Injury, Workers' Compensation

If you work in the construction industry, a related field, or any job for that matter, you have the right to work in a safe environment. This means one that is free of hazards and with the necessary equipment to avoid putting your life at risk.

Unfortunately, work accidents, construction or otherwise, often happen because this right is not protected, the necessary precautions are not taken, or unsafe working conditions are not eliminated.

Unsafe Working Conditions on Constuction Sites

According to OSHA, some of the most common accidents at construction sites include falls, being struck by objects, getting caught in or between objects, and electrocutions.

Workers can take steps to avoid injuries, but their safety often depends on their employer’s ability to address dangerous conditions when they arise.

The most frequent construction job site hazards are:

• Lack of fall protection. Workers should be protected from falls, slips, and trips on construction sites, and should not work at heights without protection or around hard-to-see hazards
• Unsafe scaffolding. Poor Scaffolding causes a lot of construction accidents Scaffolding should never be overloaded, have inadequate support, poorly maintained, or have platform hazards
• Hazardous materials. Construction workers may often be exposed to unsafe materials like lead, asbestos, chemicals, and heavy metals. This requires proper protection and handling procedures.
• Noise. Prolonged, unprotected exposure to loud construction-related noises creates an unsafe condition.

The Employer’s Sutyn to Make Work Safe

Employers must execute proper inspections daily to prevent injuries and illnesses. On the other, it is key that workers speak up and report existing hazards at work sites that can endanger the lives of fellow employees and others.

Many workers are afraid of reporting these issues because they think that by doing so, they might lose their jobs. Fortunately, the State of New York has tools that workers can use to anonymously report unsafe working conditions.

How Employees Can Report Unsafe Conditions

Suppose you are working on a construction site and notice some of the building materials are not being properly secured. If they fell over or spilled, you and other workers would be at risk of serious injury.

Here’s what workers need to do when they encounter an unsafe condition:

• Report the unsafe condition to a supervisor. Many times, hazards are eliminated or controlled very quickly without the necessity of making too much noise.
• If your supervisor does not take the necessary actions to eliminate these issues, you can contact an agency anonymously and file a “Safety and Health” Complaint. If the matter is urgent or the hazard is life-threatening, you should call 800-321-OSHA. If it is not life-threatening or urgent, you can file this form online.

Give Your Employer the Chance to Address Hazards

Do not report a hazard without letting your supervisor know first. It might be more efficient than waiting for the agency to take the proper actions.

As attorneys, who routinely assist construction workers and others in the trades, we see unnecessary harm and loss happen all too frequently because unsafe conditions were ignored or unreported. We urge workers to report unsafe conditions. Your safety and that of your co-workers may depend on you taking responsibility.

Get Legal Help if Dangerous Conditions Caused You Harm

However, if you, or a family member, is ever a victim of a work-site accident, contact us immediately for a free consultation. If the accident happened because someone negligently ignored to correct a known and reported dangerous condition, you may have a case for compensation.

Legal Options for Injured Workers

Your legal options after a construction accident largely depend on the circumstances. In most cases, construction workers hurt on the job are eligible for workers’ compensation , and families of workers killed in construction accidents likely qualify for workers’ comp death benefits.

However, an injured worker may be entitled to compensation from a party other than their employer if this third contributed to the unsafe condition and the accident in question.

Injured workers may be entitled to seek damages against parties such as:

• Independent contractors and vendors
• Equipment manufacturers and distributors
• Property owners

Reporting Unsafe Conditions Helps Legal Action

The Occupational Safety and Health Administration (OSHA) was created to ensure safe working conditions. Under OSHA, workers have the right to:

• Request an OSHA worksite inspection
• Be free of retaliation or discrimination
• Testing to find worksite hazards
• Records of work-related injuries and illnesses
• Information and training about ways to prevent injuries

Once an employee files an OSHA complaint, they are recorded and should be followed up on. In addition, after a complaint is made, the employee cannot be fired, demoted, or retaliated against. If you or a loved one has recently filed a complaint with OSHA and their employer retaliated, that would be a violation and a lawyer can pursue a civil claim.

Even if your employer did not punish you for making a complaint or reporting unsafe conditions internally, reporting unsafe conditions creates documentation that may point to a pattern of permitting dangers on the job site or be evidence of how an employer or theird party had a chance to correct the issue but failed to do so.

If you are a construction worker who has been injured because your employer or a third party failed to follow the legal requirements for reducing unsafe conditions or ignored a valid report, it’s best to discuss the details with a lawyer.