What are the Osha Violations and What You Can Do About It

There are many violations of the OSHA Standards that can occur in the workplace. Some of these violations include but are not limited to leaving your work area while you’re still working, stepping on or near hazardous materials, being unprofessional and/or abrasive to co-workers, and using tobacco products.

If you see any of these things happening in your workplace, it’s important to report them to your supervisor immediately. There are many ways to report a violation, and depending on the severity of the violation, you may be able to get positive disciplinary action from your boss. Additionally, if you feel like your employer has wronged you in any way, you can file a complaint with the National Labor Relations Board (NLRB).


What are the Osha Violations? 

OSHA defines nine types of violations:

  1. Leaving the area of your employment while you are still working – This violation is serious, as it carries a maximum penalty of 10 days in jail and a $5,000 fine. A second offense can lead to a $15,000 fine and up to two years in prison.
  2. Having hazardous materials on or near the work area – This violation is also serious, as it carries a maximum penalty of 15 days in jail and a $5,000 fine. A second offense can lead to up to two years in prison.
  3. Being unprofessional or abrasive towards co-workers – This violation is minor, as it carries a maximum penalty of 10 days in jail and a $500 fine. It does not carry any criminal penalties at all unless you use your employer’s equipment for personal gain or make an illegal threat against another employee’s supervisor (which would be considered an intimidation charge).
  4. Using tobacco products – This violation is considered minor by most standards. However, it can still happen because some employers allow employees who smoke to use their electronic devices while they are at work (including cell phones). A workplace where this happens must post notices that prohibit smoking.


How to Report a Violation 

Another way you can report a violation is by using the OSHA 2-Step Report Form. When you fill out this form, you will be asked to write down what happened and when it happened. Then your employer will have to follow up with you and verify that they received your report. If they don’t, you may want to report them to the NLRB.


How to Get a Positive Disciplinary Action from your Boss

If you believe you have been wronged by your employer, it is crucial that you take immediate action to get positive disciplinary action. You require to file a complaint with the NLRB. The subsequent action is to contact your superior. The supervisor will likely be able to provide some guidance on how to file a complaint with the NLRB.

As long as you can establish that you’re not retaliating against your boss or any other employee, it should be okay. If not, there are several protections available in the law on retaliation. First and foremost, if your employer retaliates against you after filing a complaint with the NLRB, they may be in violation of the National Labor Relations Act (NLRA). You can read more about this law here: https://www.lawtosupportworkersrights.org/nlrb/index.htm


Overview of the NLRB.

The National Labor Relations Board (NLRB) is an autonomous federal agency that ensures fair consumers and employees. It also regulates workplace issues such as collective bargaining, discrimination, and safety. The NLRB has the power to protect workers’ rights if they feel like their employers have not done so.

To get started, you need to conclude the online application form at www.nlrb.gov. You file this application with your employer’s human resources department or labor relations department by mail or fax (1-800-669-6365). This will tell the NLRB what you’re filing about, as well as how you were wronged and how much money was taken in retaliation for your complaint.

After receiving this information, the NLRB will review it to determine whether they can take action against your employer or supervisor for whatever actions they see fit to punish them. If they decide not to do anything, you may be able to file another complaint against your employer with the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

With the modification in the statute, the Occupational Safety and Health Administration (OSHA) is now responsible for implementing these standards. Since these standards are mandatory for employees, employers must comply with their requirements. You will be able to understand the Osha violation process, learn how to report a violation, and find out what can be done to remedy the situation.

Post Author: Rae Schwan