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Who is Liable or OSHA Violations in Nebraska?

Employers have a legal responsibility to maintain a safe work environment for employees, and they can face fines and other penalties for safety violations; workers have the right to report workplace safety hazards to OSHA.

You do not have to prove negligence on your employer’s part in order to get your workers’ compensation claim paid, but despite this, many accidents at work sites are preventable. Employers have a responsibility not only to carry workers’ compensation coverage to pay for the medical expenses of employees who get injured on the job, but also to maintain safe conditions in the workplace to decrease the likelihood of accidents that result in serious injury. Federal law sets regulations and standards for workplace safety in a wide variety of industries, and employers must abide by these rules. If you are concerned about unsafe conditions at your workplace, whether or not a serious accident has occurred, contact an Omaha workers’ compensation lawyer.

What Happens When More Than One Company is Responsible for the Project?

All employers are responsible for staying informed about the most recent workplace safety guidelines set by the Occupational Safety and Health Administration (OSHA). They must follow the industry-specific, activity-specific, and site-specific guidelines and provide the legally required equipment and safety gear to workers. They must also conduct training about OSHA safety requirements; newly hired employees must participate, and the employers must offer new training sessions for all employees whenever OSHA issues new guidelines. Employers must also document all accidents that occur at the workplace and provide information to OSHA about them on request.

In industries like construction, it is normal for more than one company to operate at the same work site. If a worker notices a safety hazard, the worker should inform their direct employer, the one who issues the worker’s paychecks. The worker may also inform the general contractor who hired the worker’s direct employer as a subcontractor. Both the subcontractor and the general contractor are answerable to OSHA.

You Have the Right to Report Safety Violations to OSHA

If you notice an OSHA violation at your workplace or an unsafe situation that you think might be a violation of OSHA regulations, you should notify your employer promptly. If your employer does not remedy the unsafe conditions promptly, you should then notify OSHA directly. Do not let your employer intimidate you or talk you out of contacting OSHA about safety hazards at your place of employment. Reporting unsafe conditions to OSHA is a legally protected activity, much like filing a workers’ compensation claim is. This means that your employer does not have the right to retaliate against you for reporting them to OSHA. Retaliation can include termination of employment, reassignment, or unfairly negative performance reviews, among other adverse actions.

An Omaha workers’ compensation lawyer can help you if conditions at your workplace do not comply with OSHA regulations. Contact Andres Law Offices, PC LLO in Omaha, Nebraska about your case.