(908)402-4770In 1970, Congress passed the Occupational Health and Safety Act (29 USC Sec. 651 (1970)), creating the Occupational Health and Safety Administration (OSHA). OSHA ensures safe and healthful working conditions for workers by setting and enforcing standards in workplaces in various industries. OSHA provides training outreach, education, and assistance to businesses regulated by the Act. Our New Jersey workplace injury attorneys can help workers who have been injured on the job because their employers have violated OSHA workplace standards. They can also assist workers who are retaliated against after reporting OSHA violations.
Who Is Covered (and Who Is Not) by OSHA
OHSA covers most private sector workers in the United States, as well as some public sector workers in states that operate their own OSHA-approved state plans. However, there are certain exemptions and limitations.
OSHA does not cover self-employed individuals, immediate family members of farm employers, and workers employed by state and local governments.
Additionally, OSHA does not cover persons employed in certain industries that are separately regulated by the federal government. This would include employees of the Department of Energy, the Federal Aviation Administration, and the Mine Safety and Health Administration. Those agencies have health and safety regulatory authority over their employees independent of OSHA.
What Does OSHA Require Employers To Do?
OSHA has three primary requirements for covered employers:
- Provide a workplace free from serious hazards and comply with the standards, rules, and regulations issued by OSHA:
- Inspect workplace conditions to make sure they conform to OSHA standards; and
- Make sure that employees have and use safe tools and equipment that are properly maintained.
Here are some more.
New Jersey and OSHA
The New Jersey Public Employees Occupational Safety and Health (PEOSH) State Plan is part of the New Jersey Department of Labor and Workforce Development (NJDLWD). New Jersey PEOSH is headed by the Commissioner of Labor and Workforce Development. The main office is in Trenton.
PEOSH covers all state and local employees. It does not cover federal employees in New Jersey.
The plan was approved in 2001 and is identical to the federal OSHA laws (with two exceptions).
What Are the Most Frequent OSHA Violations?
Every year, OSHA releases a list of the “Top 10” safety violations for the prior fiscal year (ending September 30th).
Check out the most recent list here.
What Can New Jersey Workplace Injury Attorneys Do to Help Workers?
Whistleblower Protection
As part of its oversight function, OSHA makes great use of a whistleblower protection program. OSHA’s whistleblower protection program safeguards workers from retaliation for reporting workplace safety and health violations, as well as other protected activities. The program protects workers from adverse actions, such as termination, demotion, or harassment, for engaging in activities protected by various whistleblower statutes enforced by OSHA.
OSHA’s whistleblower protection program covers a wide range of protected activities, including reporting workplace safety and health hazards, taking part in OSHA inspections or investigations, and refusing to work under unsafe conditions. It also protects workers who raise concerns about environmental violations, nuclear safety, and certain other regulatory issues.
Workers who believe they have been retaliated against for engaging in protected activities can file a complaint with OSHA within a specified time frame after the alleged retaliation occurs. Upon receiving a complaint, OSHA will investigate to determine whether there is reasonable cause to believe that retaliation has occurred.
If OSHA finds evidence of retaliation, it may take action to remedy the situation. This could include ordering the employer to reinstate the employee, awarding back pay, and imposing other remedies to restore the employee’s rights and prevent future retaliation.
If OSHA determines the employer has violated its rules or regulations, it can sue the employer and seek a fine. If successful, the whistleblower may collect a portion of the fine paid by the offending employer.
Overall, OSHA’s whistleblower protection program plays a critical role in ensuring that workers feel safe and empowered to speak up about workplace hazards and violations without fear of retaliation. By upholding workers’ rights and holding employers accountable for unlawful retaliation, OSHA helps promote a culture of safety and accountability in the workplace.
OSHA and Workers’ Compensation
Under New Jersey’s Workers’ Compensation law, workers give up the right to sue their employer for work-related injuries in return for swift and certain payment for injuries without the determination of fault. N.J.S.A. 34:15-1 to -128.5.
However, a recognized exception to this bedrock workers’ compensation principle is that an injured worker can file a personal injury suit if the employer’s intentional conduct caused the worker’s injury.
The New Jersey Supreme Court addressed what amounts to “intentional conduct” that would be sufficient to defeat the exclusive remedy feature in Van Dunk v. Reckson Associates Realty Corp., 205 N.J. 81 2011).
In this case, the worker (Van Dunk) was seriously injured in a trench when the sides collapsed. As required by OSHA regulations, the employer reported the accident to OSHA. OSHA investigated and levied a fine against the employer, which the employer did not contest. In addition, OSHA’s report indicated that the employer’s workers’ conduct, which contributed to the accident, amounted to a “willful violation” of OSHA regs.
Notwithstanding that finding, the Supreme Court, citing earlier cases, stated that in order to overcome the statutory bar to suing an employer, the injured employee must show that the employer knew “with substantial certainty” that injury or death would result from the conduct of the employer’s agent. While OSHA’s finding of willfulness could certainly be considered, it did not carry enough weight by itself to meet the “substantial certainty of injury or death” required by the Court.
In Van Dunk, the Court reviewed the history of the New Jersey Workers’ Compensation Act and cases interpreting the Act and barring suits against employers for on-the-job injuries. The case shows that the Court will give great deference to the Legislature’s intent to protect employers from lawsuits in return for the benefits given to injured workers.
Experienced New Jersey Workplace Injury Lawyers
You have every right, under state and federal OSHA regulations, to work in a safe environment. If your employer is not complying with OSHA, or you have been retaliated against for reporting OSHA violations, don’t hesitate. Call the New Jersey workplace injury attorneys at Schiller, Pittenger & Galvin, P.C., in their Scotch Plains office at 908-490-0444. Or you can email us here.