Can OSHA take legal action?
Asked by: Pierre Pagac | Last update: September 27, 2025Score: 4.3/5 (5 votes)
While the Occupational Safety and Health Authority (OSHA) can not directly help you take legal action, any evidence of wrongdoing they uncover in an investigation of your employer can be used in your compensation case. At Duddy, Goodwin & Pollard, we understand the challenges faced by injured workers.
Can you file a lawsuit through OSHA?
Have you or a loved one been injured or faced unsafe conditions on a construction site? You might be wondering, “Can you sue for OSHA violations?” The answer is yes—while you can't sue OSHA directly, you can pursue legal action against your employer through personal injury or workers' compensation claims.
Does OSHA have legal authority?
Cal/OSHA has jurisdiction over almost every workplace in California. This means Cal/OSHA is the main government agency authorized to inspect California workplaces for occupational safety and health violations. Cal/OSHA lacks jurisdiction in only a few limited areas.
Does OSHA carry the power of law?
OSHA, meanwhile, serves within the Department of Labor, and is tasked with writing the standards and enforcing them through penalties and fines. The OSH Act of 1970 mandated the creation of both agencies. It also empowered OSHA to write regulations that carry the power of law.
What are 5 rights an employee has under OSHA?
Receive workplace safety and health training in a language you understand. Work on machines that are safe. Refuse to work in a situation in which you would be exposed to a hazard. Receive required safety equipment, such as gloves or a harness and lifeline for falls.
The Laws of Workplace Safety (OSHA for employees) - Pt. 1
What does OSHA forbid employers from doing?
OSHA forbids employers from providing unsafe working conditions, retaliating against workers, ignoring safety training requirements, discriminating in employment practices, and neglecting reporting responsibilities. These regulations ensure worker safety and rights in the workplace.
Can I refuse to work if I feel unsafe?
If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you have brought the condition to the attention of your employer, you may have a legal right to refuse to work in a situation in which you would be exposed to the hazard.
Can OSHA enforce laws?
The Cal/OSHA Program is responsible for enforcing California laws and regulations pertaining to workplace safety and health and for providing assistance to employers and workers about workplace safety and health issues.
Can OSHA come on private property?
The owner of the property gives their consent to OSHA for an inspection. OSHA gets a court ordered warrant to inspect the property/facility. There is proof of an imminent hazard. The facility in question is engaged in a high risk heavily regulated industry that requires frequent inspections and certifications.
What happens when you file an OSHA complaint?
There are two ways that Cal/OSHA can respond to a complaint. Cal/OSHA can conduct an unannounced onsite inspection, or an investigation by letter. Cal/OSHA will decide how to respond based on the information in the complaint, including the description of the hazards.
Who holds OSHA accountable?
OSHA is part of the United States Department of Labor. The administrator for OSHA is the Assistant Secretary of Labor for Occupational Safety and Health. OSHA's administrator answers to the Secretary of Labor, who is a member of the cabinet of the President of the United States.
Does OSHA apply to law enforcement?
OSHA law, with few exceptions, is based on activity or function, not the name of the employer. There are no “law enforcement” standards as such, instead, it is necessary to examine each activity that a law enforcement officer might do, individually, and apply the appropriate standard.
What is not covered by the OSHA Act?
Those not covered by the OSH Act include: self-employed workers, immediate family members of farm employers, and workers whose hazards are regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, Federal Aviation Administration, or Coast Guard).
Can you get a settlement from OSHA?
Settlement is permitted and encouraged by the Commission at any stage of the proceedings. If the settlement agreement includes the withdrawal of a notice of contest, citation, notification of proposed penalty, or petition for modification of abatement period, state whether such withdrawal is with prejudice.
Are OSHA reports admissible in court?
Some courts have ruled that prior to admitting an OSHA violation as evidence of negligence, the court must find that the owner owed the worker a duty under state law; if no duty is owed under state law, an OSHA violation cannot be used as evidence of negligence.
Can I sue my job for unsafe work conditions?
When confronted with unsafe working conditions, employees often wonder if they have the right to take legal action against their employers. The answer is yes, you can sue for unsafe working conditions in California.
Can OSHA get a warrant?
Normally, OSHA conducts inspections without advance notice. Employers have the right to require compliance officers to obtain an inspection warrant before entering the worksite. During the walkaround, compliance officers may point out some apparent violations that can be corrected immediately.
What is the OSHA walkaround rule?
29 CFR 1903.8(c) is a regulation concerning employees' statutory right to designate a walkaround representative during a physical inspection of a workplace. It is not a safety and health standard and does not impose any compliance obligations for employers.
Does OSHA override state laws?
Please be advised that Federal OSHA neither has regulations, nor jurisdiction, over State, municipal, or volunteer fire departments. Section (3)(5) of the Occupational Safety and Health Act of 1970 specifically excludes Federal OSHA's authority over employees of State and local government.
What powers does OSHA have?
OSHA has enforcement powers to ensure employers comply with the established safety and health standards. For instance, if you have not completed your OSHA 30-Hour course, you and your workplace can be subjected to heavy OSHA fines because you are not meeting the training requirements.
What legal authority does OSHA have?
The Standards-Setting Process OSHA has the authority to issue new or revised occupational safety and health standards. The OSHA standards-setting process involves many steps and provides many opportunities for public engagement.
Can you file an OSHA complaint anonymously?
When filing a complaint, you have the option to give your name or not.
Can I be fired for refusing to work on my day off?
Your employer does have the right to fire you at any time. This is called at-will employment. And, yes, your company can fire you on your day off.
Can OSHA shut down a jobsite?
OSHA officials can order work to stop if they find a severe risk on-site, but contrary to popular belief, they don't have the authority to shut down a business entirely. Only a court order can do that.
What temperature can you legally leave work at?
While there are no specific federal regulations about working in extreme cold or heat, you do have a right to a workplace “free from recognized hazards .” That includes exposure to extreme cold and heat.