Close

Pennsylvania Attorney for Injuries Caused by an OSHA 29 U.S.C. Section 654, 5(a)1 Violation

Table of Contents

    The Occupational Health and Safety Administration (OSHA) has promulgated numerous standards and regulations that cover a variety of safety issues in the workplace. Arguably, the most powerful and useful standard OSHA has issued is 29 U.S.C. Section 654, 5(a)1, or the “general duty clause.”

    The “general duty clause” fundamentally addresses all workplace hazards not explicitly referred to in the published standards and regulations. If you suffered an injury at work due to a known hazard, your employer likely violated the “general duty clause.” Contact our Pennsylvania attorney for injuries caused by an OSHA 29 U.S.C. Section 654, 5(a)1 violation to discuss your rights and remedies. Call the Reiff Law Firm at (215) 709-6940 for a free and confidential consultation today.

    The “General Duty Clause” as Applied to Pennsylvania Businesses and Employers

    Employers are required to adhere to the regulatory safety standards issued by OSHA, while employees rely on these standards to ensure they are working in a safe environment. However, every potential hazard or danger is not specifically addressed by an OSHA rule. The “general duty clause” places an overall obligation on a Pennsylvania employer to protect their employees from any recognized and serious workplace hazard. More precisely, the clause states, “[e]ach employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

    Violations of 29 U.S.C. Section 654, 5(a)1 Violation in Pennsylvania Workplaces

    The “general duty clause” requires an employer to take any feasible action to mitigate or abate a recognized or known hazard in the workplace, even if OSHA did not address the hazard.

    For example, OSHA has failed to publish any specific ergonomic standards to protect employees’ physical well-being. Injuries could occur if an employee’s duties comprise dangerous lifting, awkward postures, or repetitive activities and tasks. Serious injuries have resulted from the following common OSHA 29 U.S.C. Section 654, 5(a)1 violations that occur throughout Pennsylvania.

    • Jobs requiring regular and repeated lifting
    • Failing to provide access to medical aid
    • Unsafe exposure to certain chemicals
    • Defective hoists, or hoists without load specifications
    • Machinery without automatic shut-off mechanisms
    • Improperly operated forklifts
    • Conveyor belts without emergency stopping systems
    • Standing or sitting for extended periods without proper support
    • Hydraulic lifts that lack proper locking mechanisms
    • A risk of violence in the workplace

    Requirements for a Violation of the “General Duty Clause” by Pennsylvania Employers

    Our experienced Pennsylvania attorney will be required to demonstrate four conditions to show that an employee’s injury was the result of a violation of OSHA 29 U.S.C. Section 654, 5(a)1.

    A Hazard Must Exist

    The employee must have been exposed to an actual dangerous situation or set of circumstances. For a violation to have occurred, we must demonstrate that there was a hazard. For example, an employee’s injury on a factory floor was severely compounded by the lack of proper first aid stations or access to immediate medical attention. The inadequate safety precautions could constitute a hazard.

    The Hazard Must be Recognized

    For a violation to have occurred, the employee must have known, or should have known, about the hazard. Knowledge could arise from experience or be commonly acknowledged throughout the specific industry. Our law firm will need to show that your employer was aware of the hazardous condition.

    In the example above, there are several possible ways to establish that an employer knew the lack of first aid stations or access to immediate medical attention presented a dangerous situation.

    • A record of past injuries that did not receive proper medical treatment
    • Internal protocols that required first aid stations that were ignored
    • Any previous grievances made by the employees regarding the lack of medical aid
    • Common industry practices regarding the placement and frequency of first aid stations

    The Hazard is Likely to Cause Death or Physical Harm to the Employees

    The hazard must present a significant possibility of causing serious injuries or death. Generally, this condition is applied liberally but is still dependent upon the facts of the particular situation. If injuries are likely to occur in a factory because of the inherent risks involved in the work, then failing to provide access to immediate medical attention could constitute a serious hazard that could result in additional adverse medical consequences or death. Our Pennsylvania OSHA 29 U.S.C. Section 654, 5(a)1 violation lawyer will thoroughly review the facts and history surrounding the cause of your injury.

    The Employer has the Ability to Mitigate the Hazard

    The last condition necessary to demonstrate a violation of the “general duty clause” is showing that it was feasible to mitigate or remove the hazard. Many jobs are dangerous, and the hazards they present are part and parcel of the employment. Determining whether or not a hazard is correctable depends on the exact situation and facts presented. However, in the example above, providing medical first aid stations and implementing a company procedure for addressing serious injuries should be possible without any great difficulty.

    Call Our Pennsylvania Attorney for Injuries Caused by an OSHA 29 U.S.C. Section 654, 5(a)1 Violation for a Free Consultation

    Injuries occur on the job for a variety of reasons. They are often not preventable and merely the result of an accident. However, when an employer knowingly endangers their employees, they could be violating the OSHA “general duty clause.” You are entitled to a safe work environment and OSHA has published many enforceable standards to ensure your health and well-being. If you suffered an injury because your employer purposefully violated those standards, you have the right to seek legal redress and compensation. Call our experienced Pennsylvania attorney for injuries caused by an OSHA 29 U.S.C. Section 654, 5(a)1 violation to discuss the details of your case and your legal rights. Contact the Reiff Law Firm at (215) 709-6940 for a free and confidential consultation today.

    5.0/5.0
    personal injury lawyer

    ...I want to say that the Reiff Law Firm changed my entire life with handling of my legal case.

    As a former client, I want to say that the Reiff Law Firm changed my entire life with handling of my legal case. I was in a very serious automobile accident with severe injuries to neck and back areas. I contacted the law firm and asked what to do with the medical bills and how do I get the correct representation against the individual who rear-ended my car. In short, the firm took complete control of the case contacting my insurance company and asking for all the medical bills and legal matters be sent directly to them. I was able to get treatment from my doctor without worrying about the legal stuff. Furthermore, two years later the case was settled for a substantial amount of money. My life was much better due to the firm handling of my case. My attorneys at Reiff Law Firm are absolutely the best and I have recommended to my family friends. Thanks Reiff Law Firm.

    5.0/5.0
    personal injury lawyer

    I’m very comfortable to say there’s no better in the city.

    Before meeting with Jeffrey Reiff and Bob Szostak from the Reiff law firm I’ve consulted with a few other injury attorneys in the Philadelphia region. Difference was, these guys know their stuff! I was absolutely blown away by how compassionate and welcome this law firm makes you feel. Once signed with them I never went a single week without staying in the loop with the progress and updates these guys have on your case. Working with them for some time turned what was an injury case, into a family! From calls and meetings, to just calling in to say “hi how’s everything going” I’ve never felt like a beat was skipped. I’d recommended the Reiff law firm 100%! I’m very comfortable to say there’s no better in the city. The awards they’ve earned over the years speaks for itself! I can never thank the Reiff law firm and Bob Szostak enough for everything they’ve done, their professionalism, compassion and all of their knowledge and experience! Highly rated! Best in the city! I look forward continuing our relationship in the future. Thanks again My Reiff family!

    5.0/5.0
    personal injury lawyer

    What started out as a time for me that included a lot of doubt, questions and hopelessness has turned into one of a hopeful future.

    I highly recommend the team at the Reiff Law Firm. Both Jeff and Robert were there to guide me through a very difficult time. What started out as a time for me that included a lot of doubt, questions and hopelessness has turned into one of a hopeful future. The team at the Reiff Law Firm made me feel at ease and I had no doubts trusting them with various concerns. They kept me informed every step of the way without making me feel overwhelmed or anxious. Don't hesitate to contact them for your legal needs - especially if you want a team that has the utmost concern and compassion for their clients.

    5.0/5.0
    personal injury lawyer

    ...without them I would have been lost.

    I can’t say enough great things about the Attorneys at the Reiff Law Firm. They made me feel at ease when I was going through a very difficult time in my life. Never being in a situation like this I was so unsure of where to start and how to go about the process. Justin gave me options where I thought I had none and explained everything in a way that I could understand. Justin and the team helped me arrange all of the treatment and therapy that I needed, without them I would have been lost. My attorney John went to bat for me like no one else could have, his knowledge and professionalism is unmatched. If anyone is ever in need of a team of attorneys the Reiff Law Firm is my ONLY recommendation.

    5.0/5.0
    personal injury lawyer

    THE REIFF FIRM IS AN OUTSTANDING LAW FIRM!

    I was referred to the Reiff Law Firm by a friend who had previously been a client of the firm. My friend told me that the Reiff Firm had done an incredible job handling his case and treated him like family. My friend's recommendation was spot on. I am going to miss them now that my case is over. Attorney Reiff and Attorney Toczydlowski are excellent attorneys. They really care. They got me an INCREDIBLE RESULT. Most importantly they were there for me during some extremely dark and difficult times in my life. I highly recommend the Reiff Law Firm to anyone seeking the very best legal representation for injuries they suffered in an accident.

    5.0/5.0
    personal injury lawyer

    ...what started as a small settlement ended $100, 000 more than expected.

    I greatly appreciate the care and compassion the Reiff Law Firm has given to my family at a very difficult time. They left no stone unturned in their investigation and what started as a small settlement ended $100, 000 more than expected. They did not give up and treated us like family.

    Verdicts & Settlements

    $13 Million

    Auto Defect/Product Liability

    Read More
    $8 Million

    Auto Defect/Product Liability

    Read More

    Our Offices

    1500 John F. Kennedy Blvd #501
    Philadelphia, PA 19102
    Get Directions

    Get a Free Case Review

    "*" indicates required fields

    Name
    This field is for validation purposes and should be left unchanged.