OSHA and on the Job Injury
Written by Greg on September 24, 2012
I often refer to statistics and other information provided by the Occupational Safety and Health Administration when making a point about workplace safety. But most people have very little knowledge about this government agency so I would like to offer a simple explanation of their responsibilities.
According to one resource ‘OSHA is an agency of the United States Department of Labor. It was established by Congress by the passage of the Occupational Safety and Health Act – signed by President Richard M. Nixon signed into law on December 29, 1970. This law allows OSHA to issue regulations that include such things as “limits on chemical exposure, employee access to information, requirements for the use of personal protective equipment, and requirements for safety procedures”.
OSHA’s mission is to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. The agency is also charged with enforcing a variety of whistleblower statutes and regulations”.
Since its inception the OSHA has developed a “number of training, compliance assistance, health and safety recognition programs throughout its history”. OSHA has a Training Institute designed to train government and private sector health and safety personnel”.
In addition, “OSHA is responsible for enforcing standards on regulated activity which it does in part by sending Compliance Safety and Health Officers to work sites to conduct inspections and assess fines for regulatory violations.
OSHA covers approximately 7 million workplaces. There is little doubt that OSHA has been extremely successful in preventing workplace injury due to enforcing compliance with the safety rules. Once a company has been cited with the violation they are thereafter subject to further scrutiny by OSHA.
OSHA standards can be very helpful to a personal injury victim when pursuing a personal injury lawsuit because the rules can set the bar for the minimum level of acceptable safety conduct.
While many on-the-job injuries in Texas are covered by workers compensation and the workers compensation laws make it exclusive as a remedy for personal injury victims there are other times when the company is not covered by workers compensation and workers are eligible to file Texas personal injury lawsuits against their employer for on-the-job injury.