As a worker on a construction site in New York, you should never encounter situations that compromise your safety. However, identifying hazards and reporting them may seem like a good way to lose your job. We at the Law Office of Richard M. Kenny are aware of the potentially serious consequences of the loss of income, and are ready to answer questions regarding your workplace rights.
Your employer is required by law to eliminate accident risks due to falls. According to the Occupational Health and Safety Administration, fall accident prevention is specific to the type of construction project you are working on, and may include meeting stairway, ladder and scaffolding standards, as well as providing you with equipment such as harnesses and hard hats. You should also receive OSHA-approved training before you start the job. OSHA regulates trench design, support and inspection; the use of heavy machinery and vehicles; and the equipment and training necessary to work with electricity.
OSHA does inspect jobsites, but because it is impossible for one agency to respond to every situation, the agency primarily responds to those where there have been injury or fatality accidents. Inspectors will typically also visit a site if a worker registers a complaint. Your employer is required to report any hospitalizations and fatalities, but you have the right and the responsibility to report unsafe conditions to OSHA to prevent hazards from becoming catastrophes.
You may request that the call be anonymous, and it is illegal for your employer to retaliate against you. If a person believes he or she is the victim of discrimination after submitting a complaint of a work hazard, it should be reported to OSHA. For more information on this subject, please visit our page on construction workers’ rights.