OSHA Violations Attorney

The most frequently cited OSHA violations include fall protection failures, hazard communication deficiencies, scaffolding violations, respiratory protection issues, lockout/tagout failures, ladder safety violations, powered industrial truck violations, fall protection training gaps, machine guarding deficiencies, and eye/face protection failures. California's Cal/OSHA adds state-specific standards including heat illness prevention and workplace violence prevention.

The OSH Act does not create a private right of action — you cannot directly sue your employer for OSHA violations. However, OSHA violations can be used as evidence of negligence in personal injury lawsuits, workers compensation claims, and wrongful death cases. In California, Cal/OSHA violations can also support claims under Labor Code § 6310 (retaliation) and § 6311 (refusal to work).

After a complaint is filed, OSHA prioritizes inspections based on severity. Imminent danger situations receive the fastest response. During an inspection, OSHA compliance officers examine the workplace, interview employees, and review records. Employees have the right to participate in the inspection and speak privately with the inspector. If violations are found, OSHA issues citations and penalties.

Employers with 10+ employees must maintain OSHA 300 logs recording workplace injuries and illnesses, OSHA 301 incident reports, and annual OSHA 300A summaries posted from February through April. Employees have the right to access these records. California requires additional records including the Injury and Illness Prevention Program (IIPP) and heat illness prevention plans.