Employer Liability and OSHA: What Happens When Workplace Safety Is Ignored?

Do you know what one of the first things that people often tend to ask when it comes to workplace liability and compensation is? Well, it is: What is OSHA? 

Well, it is true that people are generally aware of the fact that they would get some sort of payment when they suffer from injury. However, most of them do not have any idea of how it works.

You see, workplace injuries are not just unfortunate accidents. They are generally a result of several issues. These can be negligence, poor planning, or even the failure to follow certain obvious safety regulations.

And that is where OSHA comes into play!

But what is it about? And what happens when people do not follow the OSHA regulations or violate them?

Hi. In today’s blog, these are some of the things that I will be talking about. So, if that is something that you want to know, you have come to the right place! Therefore, keep on reading till the end and thank me later…

What is OSHA?

An abbreviation for Occupational Safety and Health Administration, OSHA is the governing body that sets rules for the U.S. Department of Labor. The primary work of this body is to ensure safety and healthy work conditions for every employee.

When an employer fails to follow OSHA safety standards, they expose themselves to serious liability, not only in terms of government penalties but also through civil litigation.

Nowhere is this more evident than in the realm of fall protection, where construction, maintenance, and industrial jobs carry inherent risks.

OSHA statistics consistently show that falls remain a leading cause of workplace fatalities, particularly in construction. Yet many of these incidents are preventable with proper training, planning, and use of safety equipment.

Understanding OSHA’s Role in Workplace Safety

The Occupational Safety and Health Administration (OSHA) was created to ensure that working conditions are safe and healthful.

The agency issues regulations, performs inspections, and enforces standards through citations and penalties.

Employers have a legal obligation to comply with these standards. When a serious injury or fatality occurs, OSHA typically investigates the incident to determine whether safety rules were followed.

If violations are found, OSHA can issue fines and citations. These citations can serve as evidence of negligence in related civil lawsuits.

Legal Consequences of Ignoring OSHA Standards

Employers found in violation of OSHA regulations may face multiple legal challenges:

• Administrative penalties: OSHA can issue fines ranging from a few thousand dollars to hundreds of thousands, depending on the severity and willfulness of the violation.
• Civil lawsuits: Injured workers or their families may file personal injury or wrongful death lawsuits. OSHA violations can be used as evidence of employer negligence.
• Criminal liability: In extreme cases involving gross negligence or willful violations that result in death, criminal charges may be filed.

A recent example includes the tragic electrocution of Victor Gomez Sr. at Tesla’s Austin factory.

Following the incident, OSHA cited Tesla for serious safety violations and fined the company. This citation supported a wrongful death lawsuit filed by the worker’s family.

The case illustrates how quickly safety violations can evolve into both financial and reputational disasters for a business.

Fall Protection: A Common but Costly Oversight

One of the most frequently cited OSHA violations is the failure to provide adequate fall protection.

In construction and industrial settings, falls from heights are not uncommon, but they are largely preventable.

OSHA mandates that fall protection systems, including guardrails, safety nets, and personal fall arrest systems, be used when workers are exposed to vertical drops of six feet or more in construction, and four feet in general industry.

The Importance of Guardrails

Guardrails are one of the simplest and most effective means of fall prevention. However, many employers neglect to install or maintain them properly.

According to OSHA, guardrails must meet specific criteria regarding height, load capacity, and design.

The three main parts required by guardrail regulations are the top rail, midrail, and toe board. These components work together to prevent workers, tools, or materials from falling to lower levels.

Failing to include any one of these elements could result in a citation—and more importantly, it could lead to serious injury or death.

OSHA Citations and Civil Liability

OSHA’s investigation of an incident through issuance of a citation becomes a major piece of evidence in civil court if the case goes to court.

The plaintiff can use it to show the jury that the employer failed in their duty of care, which is a necessary element in proving negligence.

What can only be termed as a very tragic event is the Philadelphia building collapse of 2013, where OSHA hit multiple contractors with citations of willful safety violations, one of which was the lack of fall protection.

Because of the event, a number of people lost their lives, and scores of other people were injured. Proving that the contractors were not just negligent but even intentionally careless, civil suits followed, wherein the OSHA citations were used as evidence.

Following scenarios in cases where workers are recipients of workers’ compensation, a situation can still emerge in the event of a third-party lawsuit and claims of gross negligence, which progresses further.

For those dealing with the contracted subcontractors, besides compensation, the wrong practice of safety management necessitates the search for the sharing of liability.

Best Practices for Employers to Reduce Liability

Employers should focus on OSHA compliance not just as paperwork following but also as a long-lasting dedication that, if practiced, can help them avoid the loss of both image and finances.

Here are some of the main steps companies can take:

Conduct Regular Safety Audits

Regular safety checks and conducting audits on safety and health make it easier to determine problems before there are accidents.

It also includes evaluating the guardrails and their sturdiness, checking if the PPE is proper, and ensuring the signage is clear and accurate.

Train Workers Highly

OSHA requires that the training given to employees be understandable. This covers training employees on the following:

• Fall hazards.
• Equipment usage.
• Emergency procedures.

Employers must keep records of all training sessions and update these regularly.

Incorporate Accountability into Every Process

Dedicated to a safety culture where every employee is responsible not only for top management but also the workers at the bottom of the chain is safety personified.

Reporting unsafe conditions should be made a feasible option for all employees, and they should be rewarded if they do it.

Compliance is Not Optional

Employer liability for failing to comply with OSHA safety regulations is no longer mere abstract talk. In fact, it is a real-life thing that can threaten the company’s finances.

And hold on! That’s not all. The legal consequences that follow can also be enormous, and that is without mentioning the workers and their families who are affected when the workers’ employer gets injured in the process.

Fall protection is the most important aspect of OSHA compliance. Unfortunately, it is still one of the most neglected parts.

Besides guardrail installation, which involves choosing the correct types of components and the application of the principle of safety, the other most effective measures that companies can take to prevent possible injuries are fall protection!

Additionally, this not only helps prevent injuries but also protects you and your company from reputational damage.

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