What is OSHA Violation?
A failure to comply with workplace safety and health standards established by the Occupational Safety and Health Administration, a federal agency that regulates workplace conditions.
Understanding OSHA Violation
OSHA violations can range from minor infractions to willful violations that carry significant fines. In personal injury cases, evidence of an OSHA violation can be used to establish negligence or negligence per se against an employer or property owner. Common violations include inadequate fall protection, failure to provide personal protective equipment, improper handling of hazardous materials, and insufficient training.
Examples
- 1Employer failing to provide fall protection on elevated work surfaces
- 2Construction site lacking proper scaffolding guardrails as required by OSHA
- 3Factory not providing required respiratory protection for chemical exposure
Related Terms
Negligence Per Se
A legal doctrine in which negligence is automatically established when the defendant violated a safety statute or regulation designed to protect the class of persons to which the plaintiff belongs.
Scaffold Law
A statute, most notably New York Labor Law Section 240, that imposes absolute liability on property owners and contractors for gravity-related injuries sustained by workers on construction sites.
Workers' Compensation
A state-mandated insurance program providing benefits to employees who suffer work-related injuries or illnesses, regardless of fault.
Third-Party Workplace Claim
A personal injury lawsuit filed by an injured worker against a party other than their employer, such as a subcontractor, property owner, or equipment manufacturer, for injuries sustained on the job.
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