Work Injury

How to Check Your Employer’s OSHA Violation History

Posted by: Kemmy Law Firm

Work injuries cost U.S. businesses and employees billions every year. In fact, the National Safety Council stated that the total cost of work injuries in the United States in 2021 was $167 billion. These workplace injuries must be reported. They often result from workplace violations.

Anyone can view workplace violations. Knowing your employer’s history could provide powerful insight into how they respond to on-the-job accidents.

Common OSHA Violations & Complaints

The Texas Department of Insurance listed the most common safety violations cited by the Occupational Safety and Health Administration (OSHA), which include the following:

  • Fall Protection – General Requirements
  • Hazard Communication
  • Respiratory Protection
  • Ladders
  • Scaffolding
  • Lockout/Tagout Standard, which protects workers from an unexpected start-up of a machine
  • Powered Industrial Trucks
  • Fall Protection – Training Requirements
  • Personal Protective Equipment
  • Machine Guarding

How Does OSHA Inspect Workplaces?

OSHA has a thorough process for inspecting workplaces for potential violations. They focus on six types of inspections, which include:

  • Imminent Dangers – These involve cases where hazards could cause death or serious physical harm
  • Severe Injuries or Illnesses – Fatalities must be reported within 8 hours. Injuries that result in hospitalization must be reported within 24 hours
  • Worker Complaints – These are hazards reported directly by an employee
  • Referrals – OSHA will inspect any hazard referenced by federal, state, or local organizations or the media.
  • Targeted Inspections – These inspections target high-hazard industries like oil and construction
  • Follow-Up Inspections – These inspections ensure that companies have corrected issues cited in previous inspections.

OSHA’s Inspection Process

A typical OSHA inspection begins with compliance officers researching a workplace’s inspection history. They gather the equipment and protective gear necessary for their main duties. OSHA’s compliance officers will inspect the workplace. In an opening conference, they’ll explain the reason for the inspection and the investigation’s scope.

A compliance officer and a company representative will perform a walkaround to look for potential hazards. If the compliance officer finds a safety violation, they will cite the employer, who must correct the issue. Employers can challenge OSHA’s assessment within 15 working days.

How Does OSHA Categorize a Violation?

When checking your employer’s workplace violation history, you should note the severity of each citation. The violation might be placed in one of the following categories:

  • Willful
  • Serious
  • Other than serious
  • De minimis (violations that have no direct impact on health and safety)
  • Failure to abate
  • Repeated

These categories are important when assessing your employer’s history. An employer who willfully puts workers in danger differs significantly from one cited for a minor technicality. You should check to see if the employer has corrected the issue. Multiple citations for the same issue show that the employer has willfully neglected worker safety.

How to Check Your Employer for Previous Violations

An employer’s violation history is public record. You can access this information directly using OSHA’s Establishment Search tool. Input your company’s name, location, and inspection date to view all past violations within the specified date range.

If you’re looking for a certain inspection, you could use the inspection search. Enter the Inspection Number. You can also use OSHA’s industry search tool for inspections in your industry. OSHA has several offices in Texas. You can contact any location to request information on your employer or file a complaint. Your identity will remain completely anonymous after you submit a request. Don’t hesitate to reach out if your employer compromises your safety.

How Could Your Employer’s Violation History Impact Your Case?

An employer’s previous violations or complaints might support your claim for compensation if you suffered an on-the-job injury. Suppose your employer has several willful violations for failing to provide personal protective equipment to their employees. You could have a strong case if you suffer from a respiratory injury because you weren’t given the right equipment.

Suffering from a Workplace Injury? Call Us Today

If your employer has been cited for several workplace violations that haven’t been corrected, they could be liable if you suffer a work injury. The family of lawyers at the Kemmy Law Firm have helped injured victims in the Permian Basin hold negligent employers accountable for their negligence.

Contact our team today by calling 210-750-1019 for a free consultation.

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When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.