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Unsafe Work Environment Cases

Dangerous Working Conditions and Cal/OSHA

Employers are required to provide a safe work environment. Cal/OSHA standards and safety regulations must be adhered to in a range of industries, including construction, agriculture, and almost any occupation. At The Law Offices of Jonathan M. Brand, the Oakland workers' compensation attorney can provide legal representation in cases involving an unsafe work environment, and violations of state safety regulations.

The law places limits on the quantity of toxic chemicals that a worker can be exposed to, fall protection, issues regarding shoring up trenches correctly to avoid cave-ins, and prevention from exposure to chemicals that are known to cause physical damage such as asbestos, paint, solvents and other substances.

A worker has rights, and Cal/OSHA also protects you if you complain about dangerous conditions - you cannot be transferred, fired, denied an increase in pay, face reduced hours or punished in any way if you report an OSHA violation. You have 30 days in which to file a complaint if you believe you have been punished for reporting your employer.

Unsafe Working Conditions and Reports

If working conditions are unsafe, you should report it to your employer immediately. Unhealthy conditions such as exposure to toxic fumes can cause permanent injury, disability or death, and it is important to inform your employer at once, although you may be reluctant to do so, particularly if you are concerned about keeping your job. If you are fired after reporting a dangerous situation in the workplace, a legal action can be filed against your employer, as it is illegal to fire you if you report unsafe conditions. The first step to take is to contact the district office.

The agency, the Division of Occupational Safety and Health is restricted from revealing your name to your employer if you make a report. If you bring an unsafe condition to the attention of an agency inspector, the agency is also restricted from revealing your name. You have the right to refuse to work in unsafe conditions, or when you are aware that the standards imposed under Cal/OSHA are being violated. If you have refused to work in a dangerous work environment and were subsequently fired, a discrimination complaint can be filed with the State Labor Commissioner.

Contact the firm for immediate assistance in filing claims related to an unsafe work environment.

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