What is a Hazardous Condition at Work? Who is Responsible?
Employers must provide safe working conditions for their employees, according to federal and state law. When you hear the phrase “hazardous conditions”, it is usually referring to workplace hazards. Employees can report unsafe work conditions to their employer, the state, or the Occupational Safety and Health Administration. It doesn’t only apply to the workplace. Property may also have hazardous conditions. Any injuries that result from a hazardous condition on the property are the responsibility of their owner.
What is a hazardous or dangerous condition?
Anything that could be dangerous, injure, or have negative health effects for someone or something is considered a hazardous condition. A hazardous condition could pose a danger to the property. This includes water, ice, snow, water, uneven flooring, or poor lighting. These conditions can cause slip and fall accidents and pose a danger to your health. The same hazards exist when it comes to workplace safety. Depending on the type of business, there is more chance for dangerous conditions at work. Slips and falls can occur in restaurants due to spilled liquids or uneven flooring.
Who is responsible for hazardous conditions?
Depending on the location of the hazardous condition, will determine who is responsible. If it is private property, the owner is responsible for fixing the hazardous condition. The employer is responsible for keeping the workplace free from hazardous conditions.
California Hazardous Conditions
Along with federal laws, state laws also regulate workplace safety. Cal/OSHA is California’s state division of occupational safety and health. It states that employees have the right to work in a safe environment. Workers should also take any training that teaches them how to identify and report hazards. There are different levels of safety. It is important that you inform your employer if there is a danger so they can deal with it. Employers cannot retaliate against employees for any reason.
You have the right to refuse hazardous work
California, like many other states in the US, allows employees to refuse to work if they feel it is unsafe for their health or safety risk. However, this does not mean that employees must leave the premises. To ensure the work is safe, there are two requirements. The first is that the work is in violation of Cal/OSHA regulations. The second is that it is a “real, apparent” danger to employees. First, let your employer know about the problem and allow them to correct it. If the employer fixes it, you can return to work. Employees can contact Cal/OSHA to report the hazard.
Filing a complaint
Cal/OSHA may be contacted to report a workplace hazard if the employer fails to fix it and you are still expected to work. You only need to give the address and name of the employer, the exact location and time of the hazard, and a description of the hazard. The employee will either notify the employer by mail or go to the workplace to investigate the problem.
Anywhere can be dangerous. It is important to address it quickly so that nobody gets hurt. This is not always possible and can lead to injury. Personal injury lawsuits can be filed if there is a direct injury that is related to a hazardous condition. If these hazardous conditions were not known of and not corrected, the injured person may be entitled to compensation for lost time at work or medical expenses. To ensure others are protected and help with their injuries, it is important to include a personal injury lawyer in your team.