Important Things to Know About OSHA Protections and Work Accidents in Illinois or Indiana

For over fifty years, workers in the United States have had specific legal protections designed to keep them safe from being seriously hurt or killed while on the job in a work accident. Congress explains that the “Occupational Safety and Health Act of 1970 “(“OSH Act”) exists for the following reason:

… [t]o assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes….

OSHA: The Federal Agency or the State Plan?

The OSH Act created a new federal agency to oversee and enforce its provisions, the Occupational Safety and Health Administration (“OSHA”). The federal legislation makes it clear that employers in this country have the responsibility to provide a safe workplace for those who are employed in tasks that work to generate revenue for that employer – and OSHA exists to make sure this happens.

OSHA is set up to make sure “employees work in a safe and healthful environment by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards. They must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards.”

For more, read What is the Employer’s General Duty Clause?

However, in Illinois and Indiana things are a bit more complicated. Both states protect workers via an OSHA “State Plan.” There may be situations where federal regulators oversee your worksite; however, for many workers in our part of the country, they will have safety protections on the job provided by a state plan.

Why does it matter? Workers need to know which governing body is overseeing their safety, and what standards they are enforcing. It’s not all the same.

State Plans of Illinois and Indiana

States can run their own worker safety programs, while federal OSHA has the authority to monitor the State Plan under Section 18(f) of the OSH Act.

In operation since 2009, Illinois OSHA provides worker protections for all state and local government (“public sector”) workers in the State of Illinois. For details, read at 29 CFR 1952.27. Meanwhile, federal OSHA covers all Illinois private sector workplaces as well as workers at federal agencies; military facilities; Indian sovereignty worksites; and the United States Postal Service.

Illinois has adopted all federal OSHA standards in 29 CFR Parts 1904, 1908, 1910, 1915, 1926, and 1977. In addition, IL OSHA has a unique recordkeeping rule that is applicable to all state and local government employers in Illinois (see Illinois Occupational Safety and Health Act and 56 Illinois Administrative Code Part 350 Health and Safety).

The Indiana OSHA State Plan has been in effect since 1974. It is very different than Illinois OSHA. In the Hoosier State, the Indiana State Plan under Indiana OSHA (“IOSHA”) applies to all places of employment in the state, with some exceptions. Workers for the federal government; the United States Postal Service; private sector maritime activities; and some specific agricultural operations (like workers in temporary labor camps) are subject to federal OSHA control.

IOSHA adopts all OSHA standards and regulations except for Indiana’s excavations standard.

OSH Act Does Not Protect Everybody

Not every worker in Illinois or Indiana can rely upon the protections of the OSH Act. By definition within the statute, the OSH Act does not cover those who are self-employed, for instance. And it does not cover some workers because they have safety protections defined by another agency, for instance the Mine Safety and Health Administration.

In short, both Indiana and Illinois have chosen to provide worker safety via OSHA State Plans. IL-OSHA covers state and local government employees; federal OSHA covers most people working for private companies. Conversely, IOSHA covers most workplaces, private or public, in the Hoosier State with some exceptions. And some workers are not covered by the OSH Act at all. Either there is no protection, or they are covered by a special federal statute. They all have their own set of standards defining duties of care and safety for the worker.

Worker Right to Safe Workplace: OSHA Protections

Most workers recognize OSHA Regulations as safety standards that employers are to follow in order to protect people from being hurt on the job. How they can help workers depends upon the situation.

1. Before an Accident

Workers who recognize that there is a violation of a safety standard, causing danger to the worker(s) have a legal right to ask for OSHA to inspect the worksite by filing a confidential complaint. Workers also have the legal right to file a “whistleblower” complaint if there has been retaliation by the employer for exercising the right to ask for safety inspections and help.

For more, read OSHA – Worker Rights and Protections.

2. After an Accident

When there is a work accident and someone is seriously injured, the first thing must be getting fast medical care and treatment for that injured worker. The accident site must be safeguarded, others protected, supervisors notified, etc.

Workers have the right to document what happened. They may gather invaluable information like photos taken at the time, as well as checking things like settings on equipment and machinery and who was there who might have witnessed something pertaining to the accident itself.

Workers also have the right to know how their employer is recording the event and reporting it to the authorities. Complaints can be filed to the proper agency if time passes and the dangers are not fixed or removed.

However, workers must understand that OSHA involvement does not mean help or assistance for the worker who was hurt in the work accident. Safety investigations may find all sorts of horrible disrespect of worker safety and blatant disregard of safety regulations designed to protect against the exact type of accident that occurred.

There are all sorts of federal safety standards – thousands of them – organized by industry, such as:

However, these regulatory standards are not what forms the basis of a workers’ compensation claim or a personal injury claim filed for damages by the worker victim and their loved ones.

Work Accidents, OSHA Protections, and Injury Claims for Justice in Indiana and Illinois

While plentiful and detailed, OSHA safety regulations do not provide the worker victim with any legal remedy to pursue justice from their employers or any other individual or company that may be culpable for what caused their accident.

OSHA regulatory violations do, however, help the worker victim and their loved ones in other ways. Establishing with proper evidentiary foundation that there have been one or more OSHA regulatory violations can help the worker build a successful and strong legal claim against those who caused their harm. Their violation can help prove up negligence, product liability, etc. against one or more third parties who contributed to the catastrophic work event.

These claims can proceed independently of any filing for workers’ compensation benefits claim under the employer’s liability policy, where fault need not be shown by the injured employee.

For more, read:

Workers in Illinois and Indiana should feel safe on the job, no matter how dangerous their industrial worksite, because of extensive safety protections that exist under the law. Sadly, too many workers are hurt in preventable accidents despite these regulations. Please be careful out there!