Workplace Safety Laws in Florida

Understanding workplace safety laws in Florida requires full attention. As employees, it is essential to learn how to feel safeguarded and demand that employers provide a protected work environment that considers our needs and complies with the regulations set forth by the Occupational Safety and Health Administration (OSHA).

In Florida, OSHA laws require business owners, supervisors, and managers to give workers the best conditions. This includes training to prevent accidents, recording possible incidents, and posting notices regarding possible hazards.

You should know that among the essential elements covered by these standards are the obligation to provide personal protective equipment and mechanisms to prevent the spread of fires when the job requires it. Additionally, companies and corporations must follow existing protocols for storing materials that are harmful to our health or the environment.

To assist businesses and companies in their quest to better protect employees, OSHA offers courses and certifications that give insight into possible violations, the most common accidents, and the best ways to address potential safety violations. These educational materials are designed to address specific situations tailored to a wide range of professions and trades.

Employee Rights in the Face of Violations or Unsafe Working Conditions

It doesn’t matter if you work in construction, hold an administrative position, or are employed in a school, a maritime port, or a restaurant; you have the right to feel safe and to understand how to report when minimum standards are not being met. In Florida, any employee can report violations of workplace safety and health laws regulated by OSHA and even appoint an experienced Worker Comp attorney to represent them in their case.

How to Handle Violations of Workplace Safety Standards

In such situations, there are two options. The first is to request that the Occupational Safety and Health Administration inspect the company or business where you work. Alternatively, you can report to the appropriate authorities that you are experiencing retaliation for voicing your concerns. Some circumstances may even require filing both types of complaints.

How to Report a Workplace Issue to OSHA

OSHA provides several mechanisms for filing your claim safely and efficiently. However, it is a good idea to seek legal advice, such as the guidance that we offer at Gallardo Law Firm, one of the most prestigious firms in Miami.

One option is using an online form on OSHA's official website. In this case, we recommend being precise and detailed with your information. We recommend describing the risks in detail and specifying exactly where each one is happening.

Another alternative is to send a similar document via email, postal mail, or fax. Draft a letter detailing the situation and, if you wish, include any evidence you must support your claim. When we refer to evidence, we mean items such as photos of recent accidents, examples of physical symptoms, and similar documentation.

Once completed, the complaint should be sent to the local OSHA office, where you can also call or visit in person to complete the process.

Learn to Identify Workplace Safety Violations in Florida

If you have any doubts, it is advisable to familiarize yourself with workplace safety laws in Florida:

• Fall Prevention: Employers must prevent elevated platforms, workstations at heights, or openings in walls and floors from being hazards in the workplace. In some areas of general industry, such as shipyards, fall protection is required starting at five feet. In construction sites, the regulation applies at six feet, and for maritime loading and unloading operations, at eight feet.
• Respiratory Protection: Employers are obligated to identify and assess respiratory stress risks. In some cases, respirators are required, particularly in environments where oxygen is scarce or where toxic mists or fumes are present.
• Eye and Face Protection: If employees must come into contact with airborne particles, acids, or caustic liquids, supervisors must ensure the availability of protective equipment, such as goggles and face masks, among other protective measures.
• Hazardous Machinery: The workplace exposures related to the moving parts of machines create severe hazards that can cause amputations, crushed fingers and burns, and blindness. Many of these injuries could be prevented with protective devices such as gloves, steel-toed boots, or helmets.
• Hazardous Chemicals: Employers must ensure all such materials have updated labels and safety data sheets. Additionally, adequate training is essential so employees know how to handle these substances safely and prevent accidents.
• Control of Hazardous Energy: Using electrical, mechanical, hydraulic, pneumatic, chemical, or thermal energy poses significant risks. During machinery maintenance or repair, an unexpected startup of stored energy can cause severe injuries or even fatalities.
• Confined Spaces: Tanks, storage bins, tunnels, utility holes, pits, and ventilation ducts or pipelines allow worker access for specific tasks but require special safety measures.

OSHA can impose financial penalties on employers who fail to comply with federal workplace safety standards. Fines for serious, less severe, or non-compliance with posting requirements can exceed $13,000 per violation.

If an employer does not fix the problem within the timeframe set by OSHA, the agency may impose additional fines for each day of non-compliance. Intentional or repeated violations, considered more severe, may result in penalties exceeding $135,000 per violation.

Employees harmed by workplace safety violations may also receive monetary compensation to cover medical expenses or lost wages due to temporary or permanent disability. The extent of the benefits depends on the circumstances of the injury or accident and, of course, the legal assistance you hire. At Gallardo Law Firm, we have extensive experience and are always available to you.