Occupational Hazards

We at the Smith Law Center have decades of experience in helping those who’ve been wrongfully injured on the job. We have created this general information page on professional hazards, definitions of negligence, and how workplace injury is litigated.

WHAT IS OCCUPATIONAL HAZARD LAW, AND WHEN DO YOU NEED AN ATTORNEY?

Certain jobs are dangerous by nature. Logging, oil rig and offshore/maritime work, roofing, steel work, trucking, and sanitation: these are the jobs that make and move the nation, and they can be as risky as they are essential. However, certain occupational hazards can and should be guarded against to stop preventable injury from happening. If you have been harmed due to a lack of safety equipment or protocols, you may need an occupational hazard attorney.

Read on to learn more about occupational safety standards. If you need more specific advice, call us today at (757) 244-7000 to discuss your circumstances.

What Is Occupational Hazard Law? What Is Occupational Injury?

Occupational hazards are legally defined as the potential risks to life or functioning that are inherently associated with an individual’s occupation or work environment. Such professional hazards may lead to the contraction of a disease, the loss of functionality, or death from accident. While some dangers cannot be helped in certain workplace environments, many can be avoided or minimized.

The Occupational Safety and Health Administration (OSHA) is very clear: “Federal law entitles you to a safe workplace.” In instances of dangerous, dirty, or hazardous jobs, you still deserve safety protections under the law, and support for any damage caused by accident or negligence.

If you are not being protected (lack of safety gear or oversight), or if you have been injured or diagnosed with a work-related health condition, contact Smith Law Center to speak with an occupational hazard lawyer as soon as possible. We are here to help investigate what happened, who may be responsible, and how best to achieve financial support for you and your family.

Occupational Dangers and Safety Standards

Here are common types of occupational hazards, and what safety standards should be in place to minimize or prevent injury to workers.

Hearing Damage

Working in loud industrial spaces, around aircraft, or even in a nightclub, can cause long-lasting or permanent hearing damage. Injuries may include tinnitus (an unstoppable ringing in the ear), hearing loss, or deafness.

Protections from auditory dangers could entail:

• Upgrading to quieter machines
• Isolating the noise source via sound barriers, buffers, or a dedicated room away from worker’s ears
• Limiting worker exposure to loud areas (shifts and maximum times)
• Using effective protective equipment like earplugs

The Centers for Disease Control (CDC) states that loud noises can damage the cells of the inner ear (cochlea), causing the cells to die. The longer the exposure an unprotected ear has to loud noises, the more harmful the effects become.

Poisoning or Infection

Chemical or biological substances can lead to poisoning, overdose, or infections depending on the work environment. For those who work in chemical factories, exposure to harsh substances could cause skin, eye, or respiratory irritation or damage. Likewise anyone exposed to biohazards like blood, spit, saliva, semen, or human/mammalian waste could come into contact with communicable diseases. This includes medical staff, sanitation workers, prison employees, and/or animal caretakers.

Protections against these hazards may involve:

• Limits and monitoring on the airborne concentrations of hazardous chemicals
• Personal protective equipment (PPE) to avoid skin contact, inhalation, or ingestion of hazardous substances
• Washing stations and swift protocols for those who are splashed, cut/pricked with, or otherwise exposed to harmful substances
• Quarantining procedures for areas or items that have been contaminated

Even workplaces that don’t involve regular exposure to chemicals or biological materials should have protocols in place to respond to accidental spills or workplace injury/illness. Examples include up-to-date first aid kits, practiced evacuation procedures, and training or education on which common chemicals are toxic when mishandled.

Fall and Impact Injuries

Falling from a great height, falling into or onto something hazardous, or dropping an item that then falls on another person causing brain injury or spinal cord damage are examples of fall/impact injuries.

Protections against fall and impact injuries may include:

• Protective equipment like helmets and steel-toed boots may help save lives, in instances of dropped tools that could strike workers on the ground
• Railings, harnesses, and netting may be appropriate to protect those who work in high places from falling (OSHA requires fall protection at four feet in industrial settings, five feet in shipyards, six feet on construction sites, and eight feet in longshore workplaces)
• Dangerous open machinery like threshers, industrial vats, or other forms of gaping/yawning equipment require fall protection regardless of the height above in which people are working

For those working on construction, oil rigs, powerlines, or as loggers or tree cutters, the risk of falling is real and ever-present. It only takes one slip, one missed step, or one unlucky moment to cause a lifetime of damage. Employers should provide safety measures to account for these risks.

If you’re strapped in with proper gear, you may be safe. Without such protections, or if your gear fails because it wasn’t well-maintained, you may need to contact an occupational hazard litigation attorney who can advocate on your behalf. Call Smith Law Center at (757) 703-4891 to find out about representation.

Mechanical Injuries

For machinists and those working with cars, farm vehicles, oil rig apparatuses, and factory equipment, the danger that can occur when humans and machines cross paths can be horrifying.

Protections for those working with heavy machinery could look like:

• Guardrails to protect employees from coming into any contact with moving parts whether they rotate (circular), reciprocate (up-and-down or back-and-forth), traverse (straight, continuous movement), cut, punch, shear, or bend
• Devices that touch the point of operation so that employees only come into contact with the device (like a large wrench) instead of the dangerous part of the machine (the part that moves)
• Covers for sharp or protruding items (circular saw covers, rebar caps)

Injuries to a person’s fingers, hands, toes, feet, and/or limbs can quickly change the quality of their life, let alone instances of hair or neckwear getting caught up in machines that are too big to stop.

Failsafes should keep such incidents from happening. However, if they are lacking in your workplace, or you’ve been injured regardless, contact the occupational hazard attorneys at Smith Law Center by calling (757) 703-4891 — we are ready to discuss your rights and recourse.

Psychosocial Hazards

For those who work in medicine, biohazards are only a part of the danger regularly dealt with. “Psychosocial” hazards include witnessing loss of life, and fellow human beings in crisis. Other jobs involve these damages too, like soldiers, law enforcement, and social workers.

In addition, jobs that involve customer harassment, long hours, night work, and/or social isolation take a real toll on human well-being. In fact, the American Psychological Association (APA) recognizes night work as uniquely harmful to a person’s health.

Protections against psychosocial harm may include:

• Ample personal time off that can be used at the employee’s discretion
• Professional psychological support either through work or provided via insurance coverage
• Human Resources (HR) options that allow you to report and reconcile issues at work without risk of demotion, termination, or retaliation

There are instances of job sites and management styles that purposefully weaponize isolation, you-can’t-win-style mindgames, and irregular hours to keep employees from developing camaraderie and potentially unionizing.

If you feel that you’re being treated unfairly at work or potentially abused via bullying, intimidation, or harassment, consult with the attorneys at Smith Law Center to explain your situation and the harm it’s caused you. There may be a way to find help and justice via the law.