There are a number of jobs that have the potential for major accidents. This is especially true on construction sites which contain a large number of power tools and heavy machinery. Whenever there is a workplace accident, the Occupational Safety and Health Administration (OSHA) must conduct an investigation and determine if that worker or employer broke any federal safety laws. The results of this investigation could play a major role in a potential lawsuit.
A dedicated construction site accident attorney in Alpharetta could work with you to learn if your case contained OSHA violations that might benefit your claim for damages.
Regulations That OSHA Oversees in the Construction Industry
OSHA has jurisdiction over a wide range of subjects related to the health and safety of the workplace. The types of regulations that OSHA oversees in the construction industry include the following:
- Regulations dealing with the safety of construction sites
- Use of personal protective equipment
- Operation of machinery at a construction site
- Appropriate warnings and signage on construction sites
- Determination of the parties responsible for safety, and their place in the chain of command
When OSHA determines that a defendant or a defendant’s employee violated the applicable regulations, then that can be used to help a plaintiff’s personal injury case. The agency produces an official document that establishes that the defendant or their employee was negligent.
Circumstances Where OSHA Gets Involved
OSHA always conducts an investigation when a worker is injured at an Alpharetta construction site. The agency collects evidence from the scene, including personal protection equipment involved in certain construction site accidents. The agency may limit access to evidence that is necessary to prove a personal injury case.
It is essential to have an attorney with experience working together with OSHA administrators, inspectors, and supervisors. The attorney can obtain the results of investigations and inspections, and gain possession of crucial evidence that may be held by the federal government.
Who is Responsible for Contacting OSHA?
An employer is usually required to report any injuries to an employee occurring on a construction site to OSHA. If your employer fails to report an accident, you are encouraged to contact the local OSHA field office to make your own report.
How Does an OSHA Violation Impact a Construction Accident Claim?
An OSHA violation could be used as evidence that a person in a local construction site accident was acting in a negligent manner before the accident in question. If that person is named as the defendant, then the violation could help the plaintiff. However, an OSHA violation by the employer of the injured party, or by the injured party themselves, could be evidence of contributory negligence and/or non-party negligence. That could potentially reduce the fault of the defendant or completely bar the plaintiff from recovering damages altogether.
Consequences of an OSHA Investigation
OSHA investigates any injury to a worker on a construction site, since they oversee all construction site activities. There should not be an independent investigation. The agency always has jurisdiction to investigate and inspect work site accidents, and will usually do so.
The agency could impose monetary penalties on employees for failing to uphold specific construction safety standards or for violating regulations. The magnitude of the monetary fine is in direct correlation to the severity of the violation, and how significantly a violation could harm someone.
Discuss OSHA Violations in Alpharetta Construction Site Accidents with an Attorney
There are a number of regulations that OSHA has put in place in order to ensure a safe working environment. When your employer violates these regulations, and an accident ensues, that places them on the hook for liability. A skilled legal professional could analyze the OSHA violations present in an Alpharetta construction site accident to determine the likelihood of winning compensation. Get in touch today to begin the claims process.