Hackensack Workers' Compensation Law Blog

Under ideal circumstances, employers and workers in New Jersey cooperate to maintain safe working environments. Because workers are often the first people to notice dangerous conditions, the law recognizes that they need protection when reporting problems.

If a hazard does not appear to present an immediate danger, a worker should inform the employer in writing about the problem. If the employer does not take action to address the safety issue, then the worker could send a formal complaint to the federal Occupational Safety and Health Administration or its state-level equivalent. The law prohibits an employer from punishing a worker for informing authorities. Forms of retaliation such as job termination, demotion or pay cuts could enable a worker to complain to OSHA about mistreatment. If the agency confirms the retaliation, then it could order the employer to restore the person's employment and pay for lost wages.

The Occupational Safety and Health Administration is responsible for protecting worker safety and health in New Jersey and throughout the U.S. One of its primary duties is to identify potential causes of job-related injuries or illnesses and formulate procedures, equipment and training that must be used by employers to keep workers safe. But even if no specific OSHA standard has been established for a particular hazardous condition, there exists a general duty for all employers to protect their employees from recognized hazards that are present in the workplace.

Safety experts cite cold weather, snow, ice and wind as recognized hazards associated with winter weather that may place employees at risk. For instance, snow removal from roofs during winter consistently ranks as a leading cause of serious injury or death. However, no specific standard has been established by OSHA for this hazardous task.

Retail employees in New Jersey and throughout the country may appreciate having extra work during the holiday season. However, it can also come at the cost of their emotional and physical health. According to a 2016 survey from NIOSH, 24 percent of respondents said that their work schedules got in the way of family and other obligations. Employers should note that this can be a source of stress, and stressed-out workers may be more prone to making mistakes.

Common workplace injuries that can be the result of stress or fatigue include slipping, falling or trying to lift without using proper technique. By having plans in place, workers can know that their employers care about them and are looking to meet their needs. This may help an anxious worker get into a better mental state, which can lead to a safer and more productive employee.

New Jersey workers often face dangerous environments on the job, especially if their employers violate federal workplace safety regulations. At the 2018 National Safety Council Congress, a deputy director of the Occupational Safety and Health Administration revealed the federal agency's top 10 safety violations uncovered during a year of inspections. The statistics were gathered from October 2017 through September 2018, yet the results often mirrored those of previous years.

For example, the first-place position was held by the same kind of safety violation that has occupied the top spot for several years: failure to provide fall protection. Employers have a responsibility to provide protective gear to workers operating at heights that could help to prevent falls or limit the damage in case of an incident. However, 7,270 violations were found in the past year; in most cases, employers failed to issue protective gear to employees working near unprotected edges or on rooftops. Other issues related to fall prevention were also prominent on the annual list. For example, the eighth place on the list noted that 1,982 violations were found for training issues related to fall protection. In some cases, employers failed to provide required training while in other cases, unqualified people delivered it.