The U.S. Occupational Safety and Health Administration (OSHA) and the Maryland Occupational Safety and Health Act (MOSH Act) have similar goals: to protect workers from known workplace hazards and common on-the-job injuries by requiring certain kinds of equipment and protections. Depending on the job involved, these may include training sessions, protective gear, warning labels, emergency stop systems on machinery, and a wide range of other safety requirements.
According to OSHA, as many as 80 percent of injuries at construction sites are caused by OSHA violations. Although OSHA covers all kinds of workplaces, construction sites are subject to particular requirements because they are among the most dangerous types of workplaces. Heavy equipment, power tools, vehicles, exposed electrical wiring and plumbing, excavations, partially-finished structures, and other hazards increase the risk of injuries at construction sites, especially when OSHA violations are involved.
OSHA Violations & Work Accidents
In Maryland, an OSHA violation does not automatically qualify a worker for workers’ compensation, and a workers’ compensation injury does not automatically signal an OSHA violation. However, the two are often related. Workers whose employers are violating either the federal Occupational Safety and Health Act or the state’s MOSH Act are exposing their workers to an increased chance of on-the-job injury or occupational disease.
If an OSHA violation occurs, your employer may want you to have a medical exam for any injuries you have suffered and to use the medical records from that exam in its dealings with federal or state OSHA officials. You are allowed to have this medical exam with all costs handled through your employer’s expense, and to see your medical records from it. You can also use these medical records in filing your own claim for workers’ compensation if you wish.
Workers injured on the job in Maryland aren’t allowed to bring suit against their employers solely on the basis of an OSHA violation or a MOSH Act violation. However, evidence of either kind of violation can be strong evidence that your injury arose “out of” your employment, as Maryland’s workers’ compensation laws require.
Do Workers Injured Due to Violations Have Rights?
Workers who are injured as the result of an OSHA or MOSH Act violation also have the following rights:
- To file a report with OSHA or the Maryland Division of Labor and Industry, without fear of being fired, demoted, or harassed for doing so;
- To have an authorized representative accompany an OSHA inspector examining the workplace;
- To have all OSHA findings posted, so that employees know the results of the inspection, and to see the results of any findings by the Division of Labor and Industry Regulation;
- To participate in a hearing if the employer decides to challenge a finding of a violation;
- To ask a court to compel the Commissioner to stop a situation in the workplace that presents an imminent danger to workers; and
- The right to information about safety hazards, protective equipment, and monitoring of dangerous or toxic substances or situations, as appropriate.
Five Convenient Office Locations across Maryland
Legal Experience Providing Successful Results
At Alpert Schreyer Injury Accident Lawyers, our experienced Maryland personal injury attorneys are dedicated to protecting the rights of employees injured as a result of an OSHA or MOSH Act violation. If you’ve been injured on the job, contact us today at 301-932-9997. We are committed to helping individuals who put in an honest day’s work only to suffer a serious injury due to a workplace violation or other form of negligence obtain the compensation they need and deserve.