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Has my employer violated their legal requirements?

As your employer, the business that you work for must comply with a host of legal requirements relating the working environment and your rights. When they violate one of these obligations, the seriousness of their violation depends on how knowledgeable they were of their violation and what they tried to do to prevent it.

These parts of the judgement criteria will be discussed with the violator after an Occupational Safety and Health Administration (OSHA) inspection has taken place in the working environment. The employer will be notified of any violations present and will be given an opportunity to correct these within certain time frames.

What are the different types of violations?

A serious violation is an existing condition that does not only break the guidelines set out in the Occupational Safety and Health Act of 1970, but is also very dangerous and could lead to an accident or even death.

A willful violation is when a condition exists that an employer either knew about from the start or was alerted of and yet did not attempt to successfully resolve the issue. As an employee, you may have alerted your employer of their violation. If they acted with indifference, this can constitute a willful violation.

If you believe that your employer is violating their legal safety requirements, it is important to take action to ensure he safety and well-being of yourself and your co-workers. You can request an OSHA inspection while being protected from workplace retaliation. An experienced Kentucky workers' compensation attorney can provide information and guidance to help you move forward.

Source: Occupational Safety and Health Administration, "Federal Employer Rights and Responsibilities Following an OSHA Inspection-1996," accessed Jan. 25, 2018

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