OSHA, the Occupational Safety and Health Administration, is a federal agency within the U.S. Department of Labor that ensures safe and healthy working conditions for American workers by setting and enforcing standards, providing training, and enforcing laws against employer retaliation for reporting unsafe conditions. It establishes and enforces safety and health standards, and provides assistance to employers and workers through training and outreach programs.
When you’re injured on the job, understanding how workplace safety laws protect you can make a big difference in your recovery and your case. One of the most important organizations behind those protections is OSHA, the Occupational Safety and Health Administration.
Created to keep American workers safe, OSHA sets and enforces workplace safety standards that employers must follow. But when employers ignore those rules, serious injuries — and costly legal consequences — can follow.
If you were hurt at work and suspect that your employer failed to follow OSHA regulations, the Long Island workplace injury lawyers at Chaikin Trial Group can help you understand your rights and pursue compensation, even if you are undocumented.
What’s in This Guide
- What Is OSHA and What Does It Do?
- How OSHA Standards Protect Workers
- Common OSHA Violations and What They Mean
- How OSHA Violations Affect Your Workplace Injury Claim
- Key OSHA Rules and Reporting Deadlines
- What To Do If You Suspect an OSHA Violation
- How Chaikin Trial Group Can Help
Case Today (212) 977-2020
What Is OSHA and What Does It Do?
OSHA — the Occupational Safety and Health Administration — is the federal agency responsible for enforcing the Occupational Safety and Health Act of 1970. Its mission: to ensure that every worker has a safe and healthy workplace.
OSHA develops and enforces safety regulations, conducts inspections, and issues penalties when employers fail to comply.
In Fiscal Year 2024, OSHA conducted 34,625 inspections across the country — roughly half were proactive, “programmed” inspections focused on high-risk industries like construction and manufacturing. OSHA also investigated 826 worker fatalities, an 11% decrease from the previous year — the lowest number since 2017 (excluding COVID-related deaths).
Employers covered by OSHA are required to:
- Provide a workplace free of recognized hazards.
- Follow industry-specific OSHA standards.
- Report injuries, hospitalizations, amputations, and deaths within strict timeframes.
- Maintain records of workplace injuries and illnesses.
- Cooperate with OSHA inspections and investigations.
How OSHA Standards Protect Workers
OSHA’s standards and regulations are designed to prevent the most common and catastrophic workplace incidents — from falls and electrical hazards to chemical exposure and machine accidents.
If you’ve ever asked, “What are the 5 rights you have as an employee under OSHA?” they include the right to:
- A safe workplace free of serious hazards.
- Receive proper safety training in a language you understand.
- Review records of work-related injuries and illnesses.
- File an OSHA complaint if conditions are unsafe.
- Be protected from retaliation for reporting concerns.
Employers who violate these standards can face major OSHA fines — which increased again in January 2025 due to inflation adjustments:
- Serious or Other-Than-Serious Violations: up to $16,550 per violation
- Willful or Repeated Violations: up to $165,514 per violation
(Source: OSHA Penalty Update, Jan 2025)
Common OSHA Violations and What They Mean
Every year, OSHA releases a list of its most frequently cited violations. According to data from FY 2023–2024, the Top 3 OSHA Violations were:
- Fall Protection (Standard 1926.501) — 7,271 violations
- Hazard Communication (1910.1200) — 3,213 violations
- Respiratory Protection (1910.134) — 2,527 violations
([Source: OSHA & ANSI 2024])
These violations make up nearly one-third of all citations nationwide. Falls remain the leading cause of workplace deaths, especially in the construction industry.
If you’ve ever wondered “What are unacceptable working conditions under OSHA?” — it includes situations where employers knowingly expose workers to preventable hazards like unguarded heights, poor ventilation, or toxic exposure.
How OSHA Violations Affect Your Workplace Injury Claim
If you’ve been injured at work, your claim may fall under New York’s Workers’ Compensation system, which provides medical coverage and partial wage replacement regardless of fault.
However, OSHA violations can significantly strengthen your case by proving that your employer failed to comply with legally required safety standards.
Here’s how:
- Evidence of Negligence: An OSHA citation can support a claim of employer negligence or reckless disregard for safety.
- Third-Party Liability: If a subcontractor, property owner, or equipment manufacturer violated OSHA standards, you may be able to file a separate personal injury claim.
- Claim Value: Insurers often consider OSHA violations when determining fault and settlement amounts.
If you’ve asked, “Does OSHA take complaints seriously?” — the answer is yes. OSHA conducts investigations, interviews employees, and can impose penalties or even close job sites when violations are confirmed.
Key OSHA Rules and Reporting Deadlines
Knowing OSHA’s reporting and recordkeeping rules is key for injured employees — and for holding employers accountable.
| Rule / Regulation | Requirement | Time Limit |
| OSHA 7-Day Rule | Employers must record a work-related injury or illness on their OSHA 300 Log | 7 days |
| OSHA 30-Day Rule | Employers have 30 days to contest OSHA citations or penalties | 30 days |
| Reporting Fatalities | Must be reported to OSHA | Within 8 hours |
| Reporting Hospitalizations, Amputations, Eye Loss | Must be reported to OSHA | Within 24 hours |
| Recordable vs. Reportable Injury | Recordable = medical treatment beyond first aid; Reportable = serious injury requiring direct OSHA report | N/A |
According to the Bureau of Labor Statistics, private-sector employers reported 2.6 million nonfatal workplace injuries and illnesses in 2023 — an 8.4% decrease from the previous year. Yet, many cases still go unreported, especially in construction, manufacturing, and healthcare.
What To Do If You Suspect an OSHA Violation
If you believe unsafe conditions caused your injury:
- Document the hazard — photos, videos, and witness statements are critical.
- Report the incident to your supervisor in writing.
- Seek medical attention immediately.
- Contact a workplace injury attorney before filing a claim to ensure your rights are protected.
A Chaikin Trial Group attorney can investigate OSHA reports, gather evidence, and determine whether your employer or another party violated federal safety standards.
How Chaikin Trial Group Can Help
At Chaikin Trial Group, our work injury attorneys combine deep knowledge of OSHA compliance and New York workplace laws to protect injured workers.
We:
- Investigate whether OSHA violations contributed to your injury.
- Obtain inspection reports, witness testimony, and expert safety opinions.
- File and manage workers’ compensation claims and third-party lawsuits simultaneously, even for undocumented workers.
- Hold employers and subcontractors accountable when they cut corners on safety.
Our mission is simple: to secure every dollar available for your recovery and ensure that no one gets hurt because of preventable workplace hazards.
If you were injured at work and suspect an OSHA violation, contact Chaikin Trial Group today for a free consultation.