Every worker in the United States has a fundamental right to a safe workplace. The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for enforcing workplace safety standards and ensuring employers provide environments free from recognized hazards. When employers violate OSHA standards and workers get hurt, understanding your rights can make a significant difference in the outcome of your injury claim.
This article explains what OSHA does, how violations are classified, and how they can impact your workers' compensation case.
What Does OSHA Do?
OSHA was established in 1970 under the Occupational Safety and Health Act to ensure safe working conditions for employees across the country. The agency's primary responsibilities include:
- Setting and enforcing safety standards for workplaces across all industries
- Conducting workplace inspections — both scheduled and in response to complaints
- Providing training and education to employers and workers on safety best practices
- Recording and tracking workplace injuries, illnesses, and fatalities
- Investigating workplace accidents and issuing citations for violations
OSHA covers most private sector employers and their workers, as well as some public sector employers. Federal agencies are also covered, while state and local government workers are protected in states with OSHA-approved state plans.
Types of OSHA Violations
Not all OSHA violations are treated equally. The agency classifies violations into several categories based on severity and intent:
Willful Violations
A willful violation occurs when an employer intentionally and knowingly violates OSHA standards or acts with plain indifference to worker safety. These are the most serious violations and carry penalties of up to $161,323 per violation (2024 rates). Willful violations that result in a worker's death can also lead to criminal prosecution.
Serious Violations
A serious violation exists when a workplace hazard could cause death or serious physical harm, and the employer knew or should have known about the danger. Penalties can reach up to $16,131 per violation. These are the most commonly cited OSHA violations.
Repeat Violations
An employer receives a repeat violation when cited for a substantially similar condition to one they were previously cited for within the past five years. Penalties can be up to $161,323 per violation — the same maximum as willful violations.
Other-Than-Serious Violations
These violations relate to conditions that would likely not cause death or serious physical harm but still violate OSHA standards. Penalties can be up to $16,131 per violation.
De Minimis Violations
These are minor violations that have no direct relationship to safety or health. OSHA typically issues no penalties for de minimis violations but may still note them during inspections.
How OSHA Violations Strengthen Your Injury Claim
While workers' compensation is a no-fault system — meaning you don't need to prove your employer was negligent — OSHA violations can still significantly impact your case in several ways:
- Third-party lawsuits — If a third party (such as a subcontractor or equipment manufacturer) contributed to the violation, you may be able to file a personal injury lawsuit in addition to your workers' comp claim
- Increased settlement leverage — Documented OSHA violations demonstrate employer negligence, giving your attorney more leverage in settlement negotiations
- Additional penalties — In some states, employers who violate safety regulations may face increased workers' comp penalties, including higher benefit payments to the injured worker
- Wrongful death claims — If a willful OSHA violation caused a fatal workplace injury, surviving family members may have grounds for both a workers' comp death benefit claim and a wrongful death lawsuit
How to File an OSHA Complaint
If you believe your workplace has unsafe conditions, you have the right to file a complaint with OSHA. Here's how:
- Online — Submit a complaint through OSHA's official website at osha.gov
- Phone — Call your local OSHA area office or the national hotline at 1-800-321-OSHA (6742)
- Mail or fax — Download and complete the OSHA complaint form and send it to your regional office
- In person — Visit your local OSHA area office to file in person
Important: Complaints signed by current employees or their representatives are more likely to trigger an on-site inspection. You can also request that your identity remain confidential.
Employer Penalties for OSHA Violations
OSHA has significant enforcement power. Beyond monetary fines, penalties can include:
- Mandatory abatement — Employers must correct violations within a specified timeframe
- Additional daily penalties — Failure to abate a violation can result in penalties of up to $16,131 per day
- Criminal prosecution — In cases involving willful violations that cause death, employers can face up to 6 months in prison
- Public record — All OSHA citations and penalties are public information, which can damage an employer's reputation
Your Right to Refuse Unsafe Work
Under OSHA regulations, you have the right to refuse work if you believe you face imminent danger — meaning there is a reasonable belief that a condition poses a risk of death or serious physical harm. However, you must meet specific conditions:
- You asked your employer to fix the hazard, and they refused or failed to act
- You genuinely believe the danger is imminent
- A reasonable person would agree the situation is dangerous
- There isn't enough time to get the hazard corrected through regular OSHA channels
If these conditions are met, you may refuse to perform the dangerous work without fear of retaliation. However, it's important to document everything and notify your supervisor in writing when possible.
Whistleblower Protections
Federal law protects workers who report safety violations. Under Section 11(c) of the OSH Act, employers cannot retaliate against workers for:
- Filing an OSHA complaint or requesting an inspection
- Participating in an OSHA investigation or hearing
- Reporting a workplace injury or illness
- Exercising any right under the OSH Act
If you experience retaliation — such as firing, demotion, reduced hours, or harassment — you can file a whistleblower complaint with OSHA within 30 days of the retaliatory action. OSHA will investigate and can order reinstatement, back pay, and other remedies.
Take Action to Protect Your Rights
If you've been injured due to unsafe working conditions or OSHA violations, you have legal options beyond standard workers' compensation benefits. An experienced attorney can investigate whether safety violations contributed to your injury and help you pursue the maximum compensation available.
Don't let employer negligence go unchallenged. Request a Free Case Review → and learn how OSHA violations may strengthen your claim for disability benefits and a fair settlement.