To start with, an employer is banned from owning or setting up a workplace that is not safe and does not consider the well-being of both the employer and the employees. Irrespective of whether it is a private or a public workplace, smoking is prohibited in all enclosed workplaces including the parking lots, restrooms, elevators and lobbies. Owner-operated businesses are also regulated by these smoking laws even in cases where the owner-operator is the only employee. These smoking laws are also extended the state-owned buildings, bars, gaming rooms, hotel lobbies and nontribal casinos among others. Exception areas to this kind of law include banquet rooms when no food is being served and in truck cabs if no non-smoker employee is present.

In California, no law provides for the accommodation of tobacco smokers, however a designated area can be allocated by an employer in a workplace having five or less employees as long as: it is agreed upon by all employees, no non-smoking employee is required by the nature of his/her job to enter the designated area and that no minor will be allowed to enter the smoking area.

The California law on smoking at the workplace also stipulates that, there should be contagious areas designated and flagged as “no smoking” area in all transportation service rendered for compensation and this should constitute not less than 75% of the entire waiting room area meant for passengers. In publicly owned buildings, used to host stage dramas, outdoor sporting events and performances, signs showing prohibited smoking areas should be posted in a way that they are easily seen by people.

Concerning workplace smoking, the local government (e.g. at the county level) may require an employer to have a written policy regarding smoking at the workplace. The California law does not however address these employer policies.

Violation of these tobacco laws is punishable by a fine of not more than $100 for the first violation. In case you violate the smoke laws again in the same year the fine can amount up to $200 and any other subsequent violation in the same year calls for a fine of not more than $500.

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Establishing a safe and healthful working environment requires every employer, whether it be large or small, and every employee to make safety and health a top priority. The Occupational Safety and Health Act of 1970 (OSH Act) was passed in order to set and enforce protective workplace safety to workers and employers. This act is aimed at reducing injuries, illnesses and fatalities, and increasing an improvement in safety.

“To 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…” – The Occupational Safety and Health Act of 1970 (OSH Act)

https://www.osha.gov/Publications/osha3021.pdf

With that being said, employers have a significant amount of responsibilities to make the workplace a safe environment. A workplace should not have serious hazards and must follow every OSHA safety and health standard. As an employer, it is his or her responsibility to find and correct any and all potential safety or health hazards and keep them under control. The employer must also educate themselves and their workers about potential hazards through training or information sheets. If a problem does arise, it is the employer’s responsibility to aid the situation and keep record of any work-related injuries or illnesses. Worker’s compensation is a mandatory insurance system in which the employer protects his or her employees no matter the circumstance.

There is no such thing as being too safe. As technological progress continues to evolve, so do potential hazards. No matter where one works, there may be potential risk. Safety provides a comfortable work environment, and if issues arise it is up to the employer to handle it and the employee to know his or her rights.

If you, or someone you know, is facing legal issues in the workplace, United Employees Law Group has answers. Call Today for your free and confidential case review.

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If you think your workplace environment is unsafe or hazardous, you should discuss the issue with your employer or file a complaint. In order to file a complaint, you can go to any OSHA (The Occupational Safety and Health Act) office and complete the appropriate forms. You also have the option to fill out and submit a complaint online or print it and mail it. All forms are available through OSHA’s website.

Anyone aware of a workplace hazard is able to file a complaint, and you are able to file a claim anonymously if you prefer. However, a written and signed complaint is more reliable and more likely to result in an onsite inspection performed by OSHA. Depending on the severity of the hazard in the complaint, OSHA will either conduct an on-site investigation or they will do a phone interview with the employer. Filing a complaint is quick, easy, and it can save you the trouble from being in a bad situation.

To encourage employees to bring safety hazards to the attention of OSHA without having to fear retaliation from their employers, OSHA makes it illegal for employers to retaliate or discriminate against employees who participate in OSHA proceedings. This means that an employee can’t be fired, demoted or be discriminated against for exercising their rights to work in a safe place.

If you start to notice that your boss is beginning to retaliate against you, you need to file a claim that your employer discriminated against you because of your participation with OSHA. In order to file this claim, you need to prove that you participated in an OSHA proceeding, that your employer knew this, and that due to your involvement you were subjected to an adverse employment action. For example, being harassed, having your hours or pay cut, being demoted or being fired.

It is important for every employee to know their rights to work in a safe and hazard-free work environment. Employees have a right to exercise their rights and/or file claims to protect themselves from any illegal activity in their workplace.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/workplace-health-safety-OSHA#1

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