Occupational Safety and Health Administration
The leading Fort Lauderdale OSHA lawyers at Anidjar & Levine are dedicated to helping victims injured at work due to OSHA violations. We have successfully handled all types of OSHA cases, recovering millions of dollars for victims throughout Florida.
The Occupational Safety and Health Administration (OSHA) is responsible for enforcing the Occupational Safety and Health Act, a federal law that ensures worker and workplace safety. The goal of the law is to make sure that employers provide workers with a place of employment free of recognized hazards to safety and health, including exposure to toxic chemicals, excessive noise, mechanical dangers, and unsanitary conditions. Exposure to occupational hazards may result in acute illness, chronic disease, and even death. OSHA implements safety standards for employees working in dangerous circumstances and ensures compliance with OSHA regulations.
OSHA violations are defined according to type. “Other than serious” violations are situations that do not cause death or serious harm. These violations happen when employers fail to list work-related injuries and illnesses in an OSHA log. Employers may improperly document injuries, or fail to document them at all. They may also neglect to conduct timely equipment inspections, resulting in “other than serious” violations. These are distinguished from “serious violations” which have a high probability of causing death or serious harm. Serious violations include failure to provide protection against falls or adequate fire and equipment training. Slip-and-fall dangers, electrical or noise hazards, and exposure to toxic chemicals are all serious violations.
“Willful” violations occur when employers knowingly fail to abide by OSHA standards and make no effort to rectify occupational hazards. Employers commit “repeated” violations when they are cited for the same OSHA violation more than once. This occurs when employers fail to remedy the previous violation and receive a second fine. OSHA issues a “failure to abate prior violation” when the employer fails to correct the prior violation or lets it continue past the abatement date. Where the violation has no relationship to safety or health, employers are issued a “de minimus” violation, such as when they fail to timely post an OSHA citation. Falsifying records and other forms of non-compliance constitute “additional” violations that are punishable by fines of up to $5,000 and imprisonment for up to 3 years.
The federal Occupational Safety and Health Act overrides state law and supplants most workplace safety regulations. Because Florida has not adopted its own health and safety program, federal law governs workplace safety and health requirements. In order to ensure compliance, OSHA may conduct on-site inspections and require employers to make self-evaluations regarding compliance with safety requirements. If OSHA has “reasonable suspicion” of a violation, it may enter the facility and conduct a surprise inspection without notice. Non-compliance with OSHA standards subjects employers to severe civil and criminal penalties as well as private lawsuits if an employee is negligently harmed.
If you were negligently harmed at work, the experienced Fort Lauderdale OSHA violation attorneys at Anidjar & Levine can help. OSHA violations can cause illness, disease, and even death. We have recovered compensation for victims injured by workplace hazards, including exposure to toxic chemicals, mechanical dangers, and unsanitary conditions. Workplace injuries may also result in serious financial losses, including medical expenses, lost wages, and other benefits. These are all costs the negligent employer must pay. In addition to severe civil and criminal penalties, the violating party is also liable in damages for any injuries caused by the accident. At Anidjar & Levine, we are dedicated to providing you with the highest quality legal representation and helping you obtain the compensation you deserve. Call (800) 747-FREE for a free consultation or contact us online.