OSHA Recording vs Reporting
Construction sites across New York are more unsafe because of rushed completion dates. It’s important now, more than ever, for construction workers to be equipped with a general concept of how to apply OSHA standards to their work life.
The Occupational Health and Safety Administration, otherwise known as OSHA, is a federal agency that maintains an accurate record of work-related injuries and illnesses. Whether you’re in the construction industry or not, OSHA sets and enforces standards to ensure safe working conditions for all employees.
If you’re hurt or injured on the job, and your employer did not report it, that’s a direct OSHA violation that could result in fines. Additionally, you may have a personal injury case that needs reputable representation.
There are two classifications on how construction workers and their supervisors must document work site accidents for OSHA: Recording and Reporting.
Which actions are the right ones to take and when?
Keep reading to learn more.
What Needs to be Recorded?
Construction employers are required to keep a record of accidents that cause work-related injuries and require attention beyond first aid. Essentially, if you’re injured on the job and you need medical assistance that’s not from a hospital, the injury and the accident that caused it, should be documented.
What are work-related injuries?
A work-related injury is one that occurs while you’re on the job. This could be anything from tripping on a loose cord and spraining your wrist, to inhaling sawdust that leads to a respiratory infection. The severity and preventability of these injuries is what will decide the direction of appropriate legal action.
What if I’m hurt beyond first aid?
Need a band aid? That’s first aid. Anything beyond that, which is not easily treatable and requires professional medical attention, should be documented for OSHA records. This doesn’t mean the injury is so severe that you have to rush to an emergency room—That type of injury must be reported.
What Needs to be Reported?
Many accidents on construction sites do, however, involve an employer reporting the accident to OSHA. Serious injuries must be reported within 24 hours and fatalities must be reported within 8 hours.
Below are a few examples of work-site accidents that are labeled as serious injuries in which the employer must file a report with OSHA:
- In-patient hospitalization. If you must go to the hospital and are admitted to in-patient care at a medical facility, regardless of if you stayed overnight, it needs to be reported.
- Amputations. If you lose a limb or other external body part. This includes full and partial amputations, fingertip amputations (with or without bone loss), and amputations of body parts that were previously reattached.
- Eye injuries. Losing an eye is a very serious injury which could affect your capacity to work for decades to come. Eye injuries are common on construction sites and even with less severe injuries, usually require a report to OSHA.
- Work-Related Heart Attacks. Suffering a heart attack on the job due to strenuous activity or exposure to your work environment, needs to be reported to ensure those types of activities are made safer with OSHA. Strenuous activity, high temperatures, long hours, and hazardous materials can all be causes of workplace heart attacks.
Of course, there are many more accidents that could take place on construction sites, that responsible developers should prepare workers for in legitimate OSHA training classes before the project begins. Construction workers are falling victim to more deaths on site in New York than in recent history, which you can read about here: Construction Workers Deaths 2022.
Is an OSHA Violation Illegal?
Not necessarily. Generally, it will just be a fine.
An OSHA violation alone (including a failure to report) is not a viable cause of action against an employer. This also applied to the same rules that stop direct lawsuits against employers for work-related injuries. Typically fines vary depending on the severity and scope of the violation.
However, an OSHA violation will be beneficial if you are filing a third-party claim. If a general contractor on the site violates OSHA regulations that contributed to your injury, and if they failed to report your injury to OSHA, this could help prove the construction site owner’s liability for the accident.
Negligent employers and property owners might claim that your serious injuries don’t require an OSHA report. One reason they do this is to avoid revealing just how dangerous their work sites really are. As well as to avoid paying you the workers’ compensation you’re entitled to.
If you have sustained a serious workplace injury, whether your employer reported it or not, you may want to contact the Law Offices of Michael S. Lamonsoff.
Top-rated construction accident attorney Michael S. Lamonsoff has been successfully fighting for construction workers’ rights for nearly 30 years and has won them some of the highest multi-million-dollar awards in New York. There’s a reason they call him “The Bull!”
Give Michael a call today if you want the compensation you deserve for your employer’s lack of responsibility. 212.962.1020.
Or send him a message by clicking or tapping here: https://bit.ly/3FiPkHC