DUFF LAW FIRM, P.L.C.
THOMAS J. DUFF

Duff Law Firm, P.L.C.
The Griffin Building
319 Seventh Street, Suite 600
Des Moines, Iowa 50309-3826
Telephone: (888) 251-2722
Fax: (515) 282-0477

Construction Accidents
Construction Accidents Frequently Asked Questions

OSHA: Your Rights

It is important to understand OSHA standards and regulations when working as an employee at a construction site. If you or a loved one has suffered an injury or illness as a result of a construction accident or job conditions, you should consult an attorney with experience in construction accident and injury law in order to better understand your rights and how to claim damages or compensation.
OSHA grants employees a number of rights as well as responsibilities. You have the right to:
" Review copies of all relevant legal standards, regulations, rules and requirements. The employer should have these available at the workplace.

Get access to relevant employee medical and exposure records.

Request an OSHA inspection if hazardous conditions or standards violations exist in the workplace, and to have an authorized representative of the employees present during the inspection.

File a written complaint with OSHA and have the complainant's name withheld upon request.

Avoid any discriminatory or retaliatory action by the employer as a result of the OSHA complaint.
OSHA places a number of requirements upon employers, including the requirements to:

Provide a workplace and occupations free from dangerous conditions or hazards.

Inform employees of all relevant health and safety standards within the workplace.

Display an official OSHA poster describing the rights and responsibilities required by the OSH Act.

Establish a written hazard program for employees, including container labeling, material safety data sheets, and an employee safety training program.

Inform employees of the availability of their medical and exposure records upon hiring and once annually, and to provide the records upon request.

OSHA Inspections

If you believe a hazard exists and is not being corrected, you should contact your OSHA state or area office and file a written complaint. If OSHA decides that a violation or hazard exists, they will conduct an inspection. A representative of the employees has the right to accompany the OSHA officer during this inspection. This representative must be chosen by the union if one exists, or by the employees. The employer is absolutely not allowed to choose the employee representative. The inspector may conduct a full inspection of the workplace, or merely the area where the hazard or violation may exist. At the end of the inspection, the inspector will informally communicate any findings or recommendations to the employer and employee representative.

If you believe that your employer is violating OSHA requirements or that your injury or illness resulted from an OSHA violation, you should contact an attorney with experience in construction injury and OSHA violation cases. Your lawyer will inform you of your legal rights and assist you in finding whether your employer or other parties bear legal responsibility for your illness or injury.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

Copyright © MMVII JAKOBIE

If you would like to schedule a free initial consultation contact an Iowa construction accident attorney, representing clients in Marshalltown, Iowa  at the Duff Law Firm. Give us a call at (888) 251-0477.

Top of page