On This page

    When it comes to workplace safety, OSHA regulations are the backbone of protection for workers, especially in high-risk industries like construction. Employers who overlook these critical standards put their workers at serious risk, sometimes with life-altering consequences. OSHA violations can lead to devastating injuries or even fatalities. Understanding common violations, your rights as a worker, and what to do if you’ve suffered injuries as the result of a safety violation can empower you to take action.

    At Joye Law Firm, we’re here to stand by workers in South Carolina who face the aftermath of these violations, helping them seek justice and a safer future. Since 1968, we’ve helped tens of thousands of South Carolinians recover compensation through workers’ comp claims and personal injury lawsuits, providing the support they need to heal and move forward. We offer free consultations, and if we take your case, you can have peace of mind knowing you’ll only owe legal fees if we win.

    What is OSHA?

    The Occupational Safety and Health Administration (OSHA), created under the Occupational Safety and Health Act in 1970, is tasked with setting and enforcing safety and health standards across various industries, including construction. OSHA regulations are designed to minimize workplace hazards, such as those related to fall protection, hazardous chemicals, scaffolding, and machinery operation. Employers are legally required to adhere to these standards and provide a safe working environment.

    Since its inception, OSHA’s impact has been significant: workplace deaths have fallen by over 65%, from approximately 38 per day in 1970 to around 15 per day in 2022, with occupational injuries and illnesses decreasing by 75%. Under OSHA, some states have developed their own federally approved safety programs that are identical to federal standards. South Carolina is among the 25 states with such a plan.

    To enforce these regulations, OSHA reserves the right to perform unannounced worksite inspections, often following reports of serious workplace accidents or safety concerns raised by employees. Workers also have the right to request an OSHA inspection, which must be done without fear of retaliation from employers.

    Common OSHA Violations on Construction Sites

    Construction is a high-risk industry encompassing a broad range of tasks, including building, altering, and repairing structures. Workers in this field often face hazards, such as:

    OSHA routinely inspects construction sites to enforce safety regulations and protect workers. From October 2023 to September 2024, the most frequently cited violations in South Carolina construction sites included:

    1. Duty to Have Fall ProtectionConstruction worker fell from ladder

    Fall protection remains the leading OSHA violation in South Carolina construction sites. Employers often fail to identify fall hazards, provide adequate protective measures, or train employees on fall risk management. OSHA’s standard (1926.501) requires comprehensive assessments of workplace conditions to identify fall risks, proper installation of fall protection systems such as guardrails and personal arrest systems, and continuous employee training. Falls are the leading cause of fatalities in construction, underscoring the importance of compliance to ensure workers’ safety at heights.

    2. Aerial Lifts

    Improper use of aerial lifts is another significant OSHA violation. These issues include inadequate operator training, failure to inspect equipment regularly, and improper handling of lifts near hazards such as power lines. OSHA’s aerial lift standard (1926.453) mandates that operators be trained to recognize potential hazards and that equipment meets manufacturer safety guidelines. Employers are also responsible for ensuring that lifts are used with proper fall protection and that inspections occur before every use to prevent mechanical failures.

    3. Material Handling Equipment

    man in a hazmat suit

    Citations for material handling equipment violations often stem from overloaded machinery, untrained operators, and unsafe practices. OSHA requires employers to maintain equipment in good condition, ensure operators are adequately trained, and follow load limits strictly. Mishandling materials can lead to equipment failure, falling loads, and worker injuries, all of which contribute to preventable workplace accidents.

    4. Respiratory Protection

    Violations related to respiratory protection occur when employers fail to provide appropriate respirators, conduct proper fit testing, or implement a comprehensive respiratory protection program. OSHA mandates that employers evaluate workplace air quality, supply suitable respiratory equipment, and train workers on its correct use to prevent exposure to hazardous substances. Construction sites often deal with dust, fumes, and chemical vapors, making proper respiratory protection critical to safeguarding workers’ long-term health.​

    By addressing these violations proactively, construction companies can enhance workplace safety, reduce injuries, and ensure compliance with OSHA standards.

    Penalties for OSHA Violations

    When a violation is found, penalties are assessed based on the violation’s severity.

    Serious violations occur when an employer knows a hazard exists but fails to correct it; these can incur fines up to $16,131 each. Other-than-serious violations, which may not directly cause injury but still compromise safety, can also carry significant penalties, though fines may be reduced by 95% in some cases.

    Penalties escalate with willful and repeat violations, reaching up to $161,323. These violations demonstrate a disregard for employee safety, particularly if the employer was previously cited for similar infractions. In the case of fatal accidents resulting from OSHA violations, fines increase, and employers may face prison sentences of up to one year. To avoid these costly repercussions, employers often rely on workplace risk assessment consultants who identify and address hazards proactively.

    Workers’ Rights and Reporting OSHA Violations

    OSHA gives workers the right to a safe workplace and ensures they are protected when they exercise their rights to report safety concerns. Under OSHA regulations, workers have the right to access injury records, receive proper training, and request OSHA inspections if they observe unsafe conditions. Reporting a violation can be done online, by calling OSHA’s main hotline at 800-321-6742, or by contacting a local OSHA office directly for immediate action.

    South Carolina State Plan Office

    The South Carolina State Plan applies to all private and public sector workplaces within the state, with the exception of private sector maritime activities, employment on military bases, Savannah River and Three Rivers Solid Waste Authority employees, federal government workers, and the United States Postal Service (USPS) employees.

    Licensing and Regulation Koger Office Park, Kingstree Building
    110 Centerview Drive
    Columbia,  SC 29210

    (803) 896-7665

    OSHA Area Office

    The federal OSHA office covers only federal agencies, the United States Postal Service (USPS), private sector maritime activities, employment on military bases, and Savannah River and Three Rivers Solid Waste Authority.

    4407 Bland Road Somerset Park
    Suite 210
    Raleigh,  NC 27609

    (919) 790-8096

    Employees are encouraged to file complaints using OSHA’s online complaint form. There, they can provide specific details about the violation. While complaints signed by employees are more likely to prompt inspections, anonymity is an option. Retaliation against employees who file complaints is illegal, and workers have recourse through OSHA or the courts if they experience adverse treatment, such as being fired or denied promotions.

    For workers injured on the job, workers’ compensation provides a primary avenue for compensation. However, OSHA violations can be valuable evidence in third-party lawsuits again non-employers like a subcontractor, a general contractor, a property owner, a vendor or others. In these cases, OSHA records  can bolster claims of negligence, provided the violation directly contributed to the worker’s injuries. Successful claims can help injured workers recover compensation for medical bills, lost income, and other damages.

    If you are considering legal action due to a construction accident or workplace injury involving an OSHA violation, there are specific steps that can strengthen your case:

    1. Report the Violation to OSHA: A formal complaint to OSHA, including details of the unsafe conditions, can provide valuable documentation.
    2. Document the Unsafe Conditions: Photos, witness statements, and records of prior complaints can be critical evidence.
    3. Seek Medical Attention: Medical documentation not only ensures proper treatment but serves as a formal record of your injuries.
    4. Consult with a Workplace Accident Lawery: A knowledgeable attorney can help assess your case, gather further evidence, and guide you through the legal process.

    How Joye Law Firm Can Help

    If you’ve been injured on a work site due to an OSHA violation, contacting an experienced attorney can make all the difference. At Joye Law Firm, our team of attorneys has over 300 years of combined experience helping injured South Carolinians secure the compensation they need and deserve. Whether it is through workers’ compensation or finding a third party responsible for a personal injury case, our accident attorneys can evaluate your claim at no cost, advise you on your legal options, and help you get the compensation you need.

    Call Joye Law Firm today at (888) 324-3100, or complete an online form for a free consultation. We’re here to protect your rights, address OSHA-related concerns, and help you secure a safer workplace for yourself and others.

    Contact Us
    Ken Harrell and Columbia SC Attorneys discussing a case