The Occupational Safety and Health Administration (OSHA) is a regulatory agency that monitors workplace safety throughout the United States. They especially focus their efforts in construction, where there is a propensity for severe injury or death.

OSHA was originally established in 1970, and they are a division of the United States Department of Labor. They conduct regular research, develop safety standards per industry, and keep track of health and safety accidents to create detailed statistics. They also enforce all safety standards through inspection and violation citations.

OSHA Works With The State

Most of OSHAs activities occur while coordinating with the state authorities. After a construction accident in Hudson Valley, the OSHA team would come to investigate at request of the state or after the incident has been reported to OSHA.

Not all states work directly with OSHA to create safety plans. Therefore, all employers and construction workers should verify if they are following OSHA or state-mandated guidelines.

When OSHA Safety Standards Are Violated

There are several OSHA standards in place that cover areas like scaffolding, electrical use, ladder safety, toxic and hazardous substances, and cranes.

These safety guides are not something employers follow at their whim. Instead, they are required to follow them in order to remain in compliance. Failure to do so would result in a consequence from OSHA.

Depending on the extent and type of violation, OSHA may issue disciplinary action, such as a fine or there may be a personal injury liability case for the construction accident in  udson Valley that resulted from an OSHA violation.

Most Common Violated OSHA Standards

Some OSHA standards are more commonly broken than others. This includes:

  • Scaffolding
  • Fall protection
  • Hazard communication
  • Respiratory protection
  • Tagout/lockout
  • Electrical methods
  • Powered industrial trucks
  • Ladders
  • Electrical requirements
  • Machine guards

Personal Injury Liability For A Construction Accident In Hudson Valley

If an accident does occur, a worker may be able to use the OSHA standard as evidence in their liability claim. Also, if OSHA fines the employer or job site, it may help the injured worker obtain compensation quicker.

OSHA standards do carry weight in a courtroom. Any violation of an OSHA safety standard could be used as evidence to establish negligence in a construction accident case.

In a personal injury lawsuit after a construction accident in Hudson Valley, the violation of the OSHA standard would help prove that the defendant failed to meet their duty to take reasonable precaution and protect employees. Thus, they could be considered liable by the courts for the injuries and financial losses of the employee.

Also, the construction company may be held accountable for the injuries of a worker even if the employee violated the OSHA standard. This is because courts tend to assume that the employer of the construction site should be monitoring the safety of their site and ensuring employees follow OSHA guidelines. Therefore, failure to monitor employee activity could be considered negligence.