Every employee in Arizona has a right to a reasonably safe work environment. When an environment is inherently dangerous, employers must take safety precautions to keep workers from foreseeable harm.
If an employer fails to take proper safety measures, employees may have the right to report hazardous conditions and take legal action related to injuries that result. Read on to learn more about how an employment lawyer can help you in situations like this.
Examples of Hazardous Working Conditions in Arizona
Dangerous worksites in Arizona can feature many hazards. While dangerous industries like construction and manufacturing may be more prone to hazards, any worksite can present risks without adequate safety responses.
Common hazards include:
- Machinery lacking guards or proper maintenance
- Obstructed emergency exit routes
- Inadequate fall protection on elevated platforms
- Chemical exposure without adequate ventilation
- Defective electrical systems or faulty wiring
- Heat-related risks without mandatory breaks or water
- Unsecured heavy materials prone to falling
- Inadequate training regarding safety protocols and equipment operation
- Management ignoring documented concerns
Leaving these issues unaddressed often leads to serious workplace accidents. Fortunately, Arizona statutes empower workers to take action before an injury takes place.
Immediate Internal Notification
The most efficient way to resolve a safety issue is typically through direct notification to management. You should document this notification in writing (via email or formal letter) to establish a verifiable record of the report.
Most employers will prioritize a safety response when faced with documented proof rather than risk a government investigation or an injury lawsuit.
Filing with ADOSH
If your employer fails to act, you can initiate a formal complaint through the Arizona Division of Occupational Safety and Health (ADOSH). ADOSH is responsible for enforcing safety standards across the state.
Complaints can be anonymous via phone or online. ADOSH will evaluate the severity of the claim and may deploy an inspector or demand a formal written response from the employer detailing the corrective measures taken.
Alternatively, you may be able to file a complaint with the federal Occupational Safety and Health Administration (OSHA).
Filing With Federal OSHA
Arizona operates an OSHA-approved State Plan through ADOSH, which handles most workplace safety and health complaints within the state. However, federal OSHA retains authority over certain workers and workplaces that are not covered by the Arizona State Plan.
Workers can also contact the federal Occupational Safety and Health Administration (OSHA) with questions about workplace safety or which agency has jurisdiction. Federal OSHA provides options for submitting safety and health complaints online, by phone, or in writing.
Because jurisdiction can depend on the workplace and circumstances, employees who are unsure where to report a hazard can contact ADOSH or OSHA for guidance.
Protecting Yourself Against Retaliation
Both state and federal laws prohibit employers from taking adverse actions against workers who report hazards in good faith. If you experience termination, demotion, or harassment after reporting dangerous working conditions, you may have grounds for a retaliation claim.
Strong evidence is the backbone of any retaliation or whistleblower claim. You should capture photographs of the hazard, maintain a log of all internal communications, save relevant digital messages, and identify witnesses among your coworkers who can corroborate your account of the dangerous conditions.
Consult an Experienced Arizona Work Injury Attorney for Help
Workers should be able to raise legitimate safety concerns without facing unlawful retaliation. If you reported dangerous workplace conditions and were later fired, demoted, harassed, or subjected to another adverse employment action, you may have legal options under state or federal law.
For more information, please contact the experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
