Employees in the state of West Virginia are protected by both federal and state laws to ensure they are provided a safe and hazard free environment. OSHA, Occupational Safety and Health Act, is the department who handles cases when employees aren’t provided with this or develop and illness that stemmed from their workplace environment. Some of the rights OSHA guarantees include:
- You are given the right to make it known to your employer that there are workplace hazards. You can notify OSHA of this as well and they can keep your name confidential.
- If you believe your workplace is unsafe and your employer isn’t doing anything to rectify the situation, you can request that OSHA come out and conduct an inspection. You also have the option to participate in this inspection if you wish to.
- Because you have the right to make safety and health complaints regarding your employer, if your employer attempts to retaliate, you can file a discrimination complaint within 30 days from when you made an initial report regarding the safety or health condition of your place of employment.
- If your employer has OSHA violations already, they must provide the information regarding this to you if you should ask. These citations should be posted near the place of the alleged violation.
- If your employer is issued a citation, they must correct this hazard by the date indicated on the citation.
- Your employer is required by law to post a notice regarding OSHA inside your place of employment. This lets you know that they are more than aware of what their requirements are as an employer.
If you feel you have become ill or exposed to something harmful that should have otherwise been avoided and you wish to file a complaint, our West Virginia employment and labor law attorneys are capable of assisting you with this.
Who is Covered Under OSHA?
Most employees are protected under federal OSHA regulations, however, there are exceptions. Some individuals who might not be covered under OSHA laws include:
- Government employees working in the public sector
- independent contractors
- Individuals who on family farms.
In some instances, your employer may not be aware of a hazard which is why you have the right to bring it to their attention. This can not only help prevent others from becoming sick or harmed, but can help you get the right type of care you need to treat your condition in the event you developed something from the hazard.
How can an employment law attorney in WV help me?
Not everyone understands their rights as an employee working in the state of West Virginia but everyone employed should receive the help and protection they deserve when an employer isn’t being fair in the workplace or providing a safe environment for its workers.
Our featured labor law attorneys in West Virginia will fight on your behalf to protect and exercise your rights as an employee and will inform you of all the forms of action that can be taken against your employer if they failed to abide by state and federal laws.