Let’s be honest, many Texans don’t wake up every morning eager to go to work. However, this state is flooded with hardworking members of society that need a job to support themselves and their family. While you may not always love what you do, you are entitled to safe work conditions. Thankfully, Texas workers, regardless of your industry, are protected by state and federal job safety laws.
If you believe your workplace isn’t up to safety standards or find yourself or a coworker in danger due to employer negligence or a persistent safety hazard, it’s important to act quickly. Here’s a guide on how to document and report unsafe work conditions.
Recognizing Unsafe Work Conditions
Occupational safety risks should be taken seriously. According to the Bureau of Labor Statistics, several jobs in the United States had recorded nearly 5,500 job-related fatal injuries in 2022, particularly in industries like construction, health care, manufacturing, retail trade, transportation, and more.
Identifying and reporting unsafe conditions is crucial for workplace safety. Physical hazards, such as slippery floors or exposed wiring, are often overlooked, while chemical dangers from hazardous materials need proper handling to prevent severe risks. Ergonomic hazards, caused by poorly designed workspaces, can induce chronic injuries, and psychosocial issues like workplace stress are serious concerns, as well.
Recognizing these conditions and understanding the urgency to document and report them will help efforts to improve the safety of workers across Texas.
Documenting Unsafe Conditions
1. Identify the Hazard
Begin by clearly identifying the hazard. If there have been several injuries, or close calls, determine the cause. Understanding of the issue will help you document it accurately and effectively communicate it to others.
2. Maintain Detailed Records
Keep thorough records of the unsafe conditions. This includes taking photographs or videos, documenting the time and date of each incident, and writing detailed descriptions of the hazard. These records serve as evidence of the condition, which is crucial when reporting.
3. Collect Witness Statements
Gather statements from coworkers who have also observed the unsafe conditions. If there have been prior incidents of injuries, speak to those employees. Record their statement, name, and contact information. Their testimonies can support your report and provide additional context.
Steps to Report Unsafe Work Conditions
1. Internal Reporting
Initially, you should try to report any unsafe conditions internally according to OSHA guidelines. Start by notifying your immediate supervisor and, if necessary, escalate the issue to your HR department. Documenting and following up on your report are essential in making sure corrective actions are taken.
2. Filing a Complaint with OSHA
If you can’t resolve the issue internally, filing a complaint with OSHA is the next step. Workers can do so by phone, mail, fax, or online. Provide detailed information on the employer and the hazard for a thorough investigation. OSHA protects your confidentiality and offers the right to speak privately with investigators about workplace hazards.
3. Reporting to TDI-DWC
In correspondence with OSHA, you can also notify the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) about safety violations through their hotline or by completing a workplace safety complaint form.
What to Do in Cases of Imminent Danger
In situations posing an immediate threat to life or serious physical harm, you have the right to refuse work and should report the imminent danger directly to OSHA. In these situations, it may be in your best interest to consult with a personal injury lawyer to discuss your rights and next steps. Prioritize your safety by taking quick action to address these conditions.
Legal Protections and Resources
Legal protections exist to prevent retaliation against those who report unsafe work conditions. Should you face retaliatory actions, you can file a whistleblower complaint with OSHA within 30 days.
If you have suffered an injury due to employer negligence or unsafe work conditions, it is crucial to contact a qualified personal injury attorney as soon as possible. They can help you gather evidence, file a claim, and fight for full value for your injury. Workplace injuries can be tricky, so don’t fight it alone. Let an experienced attorney guide you through the legal process.