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  1. #1
    Join Date
    Sep 2010
    Posts
    6

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    Had the employer been compliant, I would not have had to hold on for dear life all those times.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    ok, was the company willfully and knowingly in non-compliance?

  3. #3
    Join Date
    Sep 2010
    Posts
    6

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    300 employees (including me) have to sign a statement every year, stating we were not allowed to walk up/down this sloped area. 3 of us were told the rule didn't apply to us since we regularly needed to walk on the slopes to get to areas that needed repair (no special training or equipment). Now we find out that, guess what, I'm covered by OSHA as well and there are no variances. The company is now constructing proper access.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    you didn't answer my question.

  5. #5
    Join Date
    Sep 2010
    Posts
    6

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    I'm not sure how to answer you. They obviously knew employees weren't supposed to walk on these slopes and then made an exception for the 3 of us. The regulations were easy enough to find and have been on the books for decades. They've had previous fall-protection violations over the years. Seems "willfully and knowingly" to me.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    They've had previous fall-protection violations over the years.
    Now it sounds like you were aware of the violation as well. That tends to negate any claim you may have against them. That makes you as guilty of the violations as well. While OSHA does not currently cite and fine individuals, they are working towards that. You are in charge of you.

    They obviously knew employees weren't supposed to walk on these slopes and then made an exception for the 3 of us
    nothing unusual about that. Quite common in fact. Never seen a sign "authorized personnel only". Well, you 3 were authorized, everybody else wasn't.

    so, if the violation was knowing and willful:

    Can I renegotiate the settlement I received last year
    did you sign a release? If so, unlikely. If not, be my guest. Of course, you are only due your damages which likely have already been addressed.

  7. #7
    Join Date
    Sep 2010
    Posts
    6

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    Found out about the previous violations today.

    We were authorized by our employer to violate safe workplace law? The reason for the prohibition to everyone else was for safety, we 3 were told to "just be careful." And, why have us sign the prohibition (regularly) and then tell us it didn't apply to us (regularly)?

    Don't know about the release, but I'm sure I probably did.

  8. #8

    Default Re: Can Newly Discovered Osha Violations Be Cause to Reopen a Workers' Comp Case

    Quote Quoting jk
    View Post
    Now it sounds like you were aware of the violation as well. That tends to negate any claim you may have against them. That makes you as guilty of the violations as well. While OSHA does not currently cite and fine individuals, they are working towards that. You are in charge of you.

    nothing unusual about that. Quite common in fact. Never seen a sign "authorized personnel only". Well, you 3 were authorized, everybody else wasn't.

    so, if the violation was knowing and willful:

    did you sign a release? If so, unlikely. If not, be my guest. Of course, you are only due your damages which likely have already been addressed.
    We were authorized by our employer to violate safe workplace law? The reason for the prohibition to everyone else was for safety, we 3 were told to "just be careful." And, why have us sign the prohibition (regularly) and then tell us it didn't apply to us (regularly)?

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