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OSHA VIOLATIONS Lawyer1 Apr 2015

Occupational Safety and Health Act (OSHA) violations can be serious if not handled straight away with competent law professionals. Below is an overview of some OSHA basics so you understand what to look out for and how you can seek legal assistance for an OSHA violation.

What is OSHA?

OSHA is an act that covers employers and employees in most private sectors within the 50 states plus territories and possessions of US jurisdiction. What it essentially does is assure working people of a safe and healthy work environment through set standards in terms of training, education, assistance and outreach. The US government recognizes the necessity of legal compliance when it comes to the safety of its people. The act has been implemented to protect civilians from injury or health risks at their job site since the early 1970s.

What is a Private Sector Employer?

A private sector employer is any sector that hires individuals outside of the government system. If you work for a government department, branch or government funded organization, OSHA does not apply.

Violation of OSHA

A violation of OSHA occurs when as an employer, you did not provide a safe working environment for your employee. OSHA keeps private sector employers responsible for providing safe working conditions at the job site. For instance, if a job in your business requires work around loud machinery or tools and you did not provide earplugs or noise-canceling headsets, you may be in violation of OSHA. If you did not provide masks and air ventilation at a job site where there is dust, chemical fumes or other harmful airborne substances, you may be in violation of OSHA. If there are no protective garments or gear to prevent injury at a potentially life-threatening job site, you may be in violation of OSHA. If you did not warn your employees of any potential dangers of the job and how to prevent him or her from harm’s way or injury during training, you may be in violation of OSHA. The sure way to know whether or not you are in violation of OSHA is to review the list of employer’s requirements on the .gov website on OSHA. The confirmation of whether or not you are in violation of OSHA is if a government official from OSHA appears at your job site to examine the facility in search of any violations.

Seeking Legal Assistance for an OSHA Violation

For OSHA violations that take place in New York City, White Plains, Nassau County or Suffolk County, legal professionals at Raiser & Kenniff are on standby for any questions. There is a complimentary and risk-free consultation available to anyone who seeks legal assistance. The attorneys at Raiser & Kenniff altogether have over 30 years of experience defending cases against such violations. They also provide assistance for any national and public media appearances or statements that need to be made. The attorneys will ask you a series of questions to get to know you and your case better, and together they will figure out an action plan to get you the proper defense that you need.

Preparing for Consultation

When you prepare for a consultation with an attorney regarding your OSHA case, be sure to ask yourself a series of questions beforehand so that you have a clear idea of what you need and so that the attorney can offer you the options available to you. First, find out whether or not an official complaint was made to OSHA’s department by an employee or employees at your job site. If no official complaint was made, see if anything was put in writing to you to work as evidence of you having received the complaint from an employee directly on the work conditions. Evaluate whether or not the complaint indeed does meet the standards of an OSHA violation based on the criteria required by OSHA to provide a safe work environment for employees. Last but not least, be sure to have a list of questions you’d like to ask when you call for your consultation. Write them out so that you don’t forget, and don’t hesitate to ask any questions during your consultation with an attorney. Remember that it is risk-free and complimentary. Do everything you can to provide the most honest and ample amount of information so that the possible defense can be outlined for you by your legal representative.

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