OSHA and Construction Accident Law
OSHA is a government organization that gets talked about in our workplaces and on our job sites. But few people really understand what OSHA is, what is does and how it plays out in construction accident litigation.
OSHA – the Occupational Safety and Health Administration – has as its purpose to keep employees safe while on the job. OSHA requires every employer to furnish all of its employees a place of work that is free from recognized hazards likely to cause death or serious harm.
OSHA: Liability in the Work Place
When it comes to assigning liability in construction site and workplace accident, OSHA describes negligent businesses in three ways:
1. Creating Employer
The first is a Creating Employer is an employer which caused the hazardous condition that violates a government standard. That employer could either be the company that the victim works for, or another company on the jobsite. For example, a worker could be on site for his employer, a plumbing company. He could have suffered a devastating injury from a fall through an unsecured opening that could have been created by a carpenter. In that case, the carpentry company is the creating employer.
2. Exposing Employer
The second is what OSHA defines as Exposing Employer as an employer whose own employees are exposed to the hazard. In my previous example, the ‘exposing employer’ for the worker is the plumbing contractor he worked for. The exposing employer is responsible for its employee’s pain and suffering if it knew of the hazardous condition or failed to exercise reasonable care to discover it.
3. Controlling Employer
Thirdly, OSHA describes a Controlling Employer as one that is in a unique position to prevent the hazard and injury because it has general supervisory authority over the worksite. This includes the power to correct hazards. This can be established by contract or by the voluntary undertaking or exercise of control. The controlling employer is charged with exercising reasonable care to prevent and detect violations.
Experienced Construction Accident Attorneys
When pursuing justice for victims of construction accidents, understanding OSHA is critical.
If you or someone you care about has been injured in a construction accident, it is important to find experienced lawyers that will ensure all responsible parties are held accountable. At Whiting Law Group, we have successfully represented workers injured in construction accidents and their families, securing millions of dollars for them.