North Carolina law and federal law require employers to take reasonable steps to provide safe working conditions and prevent employees from getting hurt in the workplace. The Occupational Safety and Health Division of the North Carolina Department of Labor enforces the safety and health standards that employers must meet.
Employers must:
- Provide employees with workplaces and employment conditions free of hazards likely to cause death, physical injury, or harm
- Comply with all applicable occupational safety and health standards
- Allow lawful agents to inspect the workplace.
If you have been injured in the workplace, you may be entitled to workers’ compensation benefits. In certain cases, an injured worker also may have a right to pursue a third-party lawsuit against an at-fault party other than your own employer, such as another company working on the same job site. Two of our workplace injury lawyers at Younce, Vtipil, Baznik & Banks are fluent in Spanish and English and can review your work-related injury and discuss your legal options during a free consultation. We take pride in the personalized legal service we provide.
How to Report Unsafe Working Conditions
The Occupational Safety and Health Administration (OSHA) handles workplace safety complaints nationwide. You can file an OSHA complaint to report unsafe working conditions by:
- Filing a complaint online
- Faxing or mailing a completed complaint form to your local OSHA office
- Calling (800) 321-OSHA (6742) or your local OSHA office
- Visiting your local OSHA office
If you have questions, you can visit your local OSHA office. You might not be certain if a condition is serious enough to justify filing a complaint, and OSHA can help in these circumstances.
Along with filing an OSHA complaint, you may also report unsafe working conditions by filing a complaint with the North Carolina Department of Labor. Options for doing so include:
- Filing a complaint online
- Calling (919) 779-8560 or (800) NC-LABOR (625-2267) to access the complaint desk
- Downloading the form and completing it manually
After downloading the complaint form, you may submit it to the complaint desk via fax at (919) 779-8559. You also can mail the completed form to the following address:
NC Department of Labor
Occupational Safety & Health Division
Complaint Desk
1101 Mail Service Center
Raleigh, NC 27699-1101
Your employer cannot retaliate against you for filing an OSHA complaint or other such complaint. Retaliation may take various forms, like firing you, demoting you, or otherwise treating you unfairly for bringing attention to unsafe working conditions. You can file a whistleblower complaint with the Retaliatory Enforcement Discrimination Bureau (a division of the North Carolina Department of Labor) if you experience retaliation.
What Rights Do North Carolina Workers Have Regarding Unsafe Working Conditions?
You have the right to a safe workplace. You can file an OSHA complaint if you believe working conditions are hazardous. If an unsafe condition exists and OSHA doesn’t immediately investigate the condition, you may have the right to refuse to work in an unsafe environment.
According to OSHA, this right may apply if all the following conditions apply as well:
- You have requested that your employer eliminate the hazard, but they have failed to do so.
- You are refusing to perform dangerous work in good faith. In this context, that means you are refusing to work because you genuinely believe the work is unsafe.
- A reasonable person would agree with you that the working conditions are dangerous.
- There isn’t enough time to address the issue through proper enforcement methods, such as by scheduling an OSHA inspection.
Common Unsafe Working Conditions
OSHA maintains a list of the most common standards cited in workplace safety violations. Common unsafe conditions at work may include:
- Lack of sufficient fall protection (such as unsafe scaffolding)
- Unsafe ladders
- Lack of sufficient protection from threats to respiratory health
- Lack of sufficient hazardous energy controls
- Working around large equipment or vehicles (like industrial trucks) that others may not be operating safely or that may not be safe due to defects
You should be on the lookout for signs that indicate work conditions may be unsafe. Examples include:
- Your coworkers are frequently ill.
- Safety equipment often breaks.
- A relatively high number of work-related accidents seem to occur at your place of employment.
- Walking surfaces are difficult to navigate properly and/or safely, even when you’re wearing proper footwear for the environment.
In addition, confirm that everyone is familiar with your employer’s safety systems. For example, supervisors should be able to easily answer questions about the locations of necessary safety equipment and about emergency procedures.
Get in Touch with Our Workers’ Compensation Attorneys
If you have sustained a workplace injury due to unsafe work conditions, you may be entitled to file a workers’ compensation claim and possibly sue a third party.
Discuss your case with a Raleigh, NC workplace injury lawyer with Younce, Vtipil, Baznik & Banks, P.A. Our law firm has two attorneys Joseph R. Baznik and Ross Weatherspoon who are fluent in Spanish and English and can discuss your legal matter in your preferred language. We can handle your claim while you focus on your recovery. In addition, we’ll ensure you’re exploring all potential avenues for seeking compensation.
Get started today by contacting us online or at (919) 661-9000 for a free, no-obligation consultation and case review.
About the Author
Joseph R. Baznik
Joseph Baznik is an attorney at Younce, Vtipil, Baznik & Banks P.A. who specializes in workers' compensation and personal injury. Joseph speaks both English and Spanish fluently. He is licensed to practice law in the State of North Carolina and the U.S. District Court for the Western District of North Carolina.
