A work environment is considered unsafe for the employees when they are unable to deliver the tasks required of them because of dangerous physical conditions. Such hazardous physical conditions might include broken equipment, exposed wiring, asbestos, or hazardous materials (Hoeven, 437). The unsafe physical conditions can be of effect to a single room, a building or the entire property. According to the 1992 Workplace Regulations in the United States, a company has to maintain a temperature not below 13oC in a company that involves a lot of physical activity and 16oC in the rest of the companies. A temperature below that would be considered dangerous for the welfare of the employees.
Controllers and employers have the role of maintaining the safety conditions of a workplace to meet the required standards. They have the duty of maintenance of the workplace, the devices, the systems, and the equipment. They must provide proper ventilation in the enclosed workplaces to ensure enough purified or fresh air. The lighting on the premises must be efficient and suitable for the work processes. High standards of cleanliness should also be maintained by clean furnishing and disposal of waste materials. The workrooms should have enough space for the operations. The restrooms should be sufficient, suitable, and easily accessible.
Environmentally hazardous working conditions have cumulative adverse effects on employee health. There are variances in the impact depending on the race, age, and the education group. Individuals working in very hostile conditions experience a decline in their health. The health effects of poor working conditions are more adverse in women and older people than in men and younger people. In the USA, the non-white workers face more impoverished working conditions in comparison to their white partners.
Poor physical conditions of work may also have effects on the environment that the workers live because in most cases living and working environments are the same. The hazards, therefore, can have implications not only on the employees but also on their families and other members of the community. The health hazards are as a result of dust, gases, vibration, noise, and extreme temperatures. Employees experience huge costs as a result of poor working conditions (Alexader, 463). The direct costs resulting from illness or injury include loss of income, health care costs, possible loss of job, and pain and suffering because of the disease or injury (Chi, 829). The employers may also suffer costs like compensation and medical payments, payment for tasks not accomplished, replacement or repair of damaged equipment or machinery, temporary halt or reduction in production, increased expenses in training, and administration, negative effects on workers' morale, and a decline in the work quality (Alexander, 463). The indirect effects of harsh working environments on the employers include the need for replacement of the injured employees, colossal time spent in the training of a new worker, time wastage in investigations over employee complaints of poor working conditions, and poor public relations.
The health effects of poor working environments may be in the form of accidents and diseases. The health risks due to poor working conditions have been prevalent in the developing nations with the occurrence of a high number of occupational accidents. There is a considerable number of fatal accidents in the developing countries in comparison to the industrialized ones. The causes of occupation injury might include asbestos, silicosis, and hearing loss as a result of noise. The employees suffering the harsh physical conditions at work may suffer from numerous health complications such as heart disease, allergies, stress-related disorders, reproductive problems, musculoskeletal disorders.
The unsafe working conditions are categorized into chemical hazards, ergonomic hazards, and biological hazards. An employee is presented to chemical hazards when he exposes himself to chemical preparation within a workplace (Chi, 828). It may be in gas, liquid, or solid form. Chemicals include products used for cleaning solvents, flammable materials, and fumes and vapors. Ergonomic hazards relate to the manner in which a given task strains an employee's body. Employees may be exposed to ergonomic hazards when they are constantly in awkward and repetitive motions. It might also result from poor lighting within the workstation. Biological hazards, on the other hand, come from working with animals, plants, or people. Viruses and bacteria, body fluids and blood, and bites from insects are also considered biological hazards in a workplace. Bird and animal droppings also present biological dangers in the workplace.
Under the state and federal laws, employees must be provided with safe working conditions by their employers. The Occupational Safety and Health Administration (OSHA) offer guidelines and protection to workplaces concerning dangerous situations in the workplace. OSHA is acted by the federal government of the USA requires that the employees should maintain a safety and health risks free workplace. The Occupational Safety and Health Administration have established safety standards and enforce the act. The regulations by OSHA apply to any business operating through interstate commerce. OSHA intends to offer protection to workers through the prevention of one-time injuries, recognition of hazards that may cause severe damage or death, and illnesses from unsafe working conditions. OSHA compels employers to provide training on safety requirements within the workplace, have a record of deaths, injuries, and employee exposure to hazardous material, and post an OSHA notice on job safety. The safety standards provide for the maintenance of equipment, protective clothing, and the storage of chemicals.
OSHA recommends for reporting of any exposure to unsafe working conditions. It is the right of the worker to refuse working if there is a reasonable belief that the workplace condition presents to him the substantial or immediate risk of extreme physical injury or even death (Wolkowitz, 184). He can also decline work if he is not in a position of fixing the problem; there is no time for fixing the problem due to the immediacy of the problem, and if there is no reasonable alternative for the worker. Until the employer eliminates the impending danger or conducts an investigation determining that no particular risk exists.
When a given condition poses a danger to the employees, they should inform the employer in writing. Failure to correct the situation by the employer leaves the employee with the alternative of filing a complaint suitable occupational safety regulatory body or OSHA. The employer may not retaliate to the employee for submitting such a claim according to the provisions by OSHA. Retaliation may be in the form of the demotion of the employee, the firing of the employee, or a reduction in the wages of the employee. When cases of retaliation of the employee are reported, OSHA will force for the reinstatement of the employee to the former position in the company and compensation of the wages lost during the time.
Employees who have filed a lawsuit complaining of a workplace injury enjoy the benefit of legal assistance from a professional lawyer. The lawyer help in the determination of the employee rights and decides whether the employee needs to negotiate with the employer or sue the employer. The attorney should be contacted for a free initial review to guide the employee to better and safer conditions of work.
In cases where a condition that is thought to be unsafe does not require prompt corrective measures, the employee should fill the Service Maintenance Unsafe Working Conditions with the specific details. The details in the form should include the cause of the unsafe condition and the location of the risk (Wolkowitz, 185). The employer has a duty of investing the issue and coming up the most appropriate corrective measures. In the event the employee is not satisfied with the action taken or no action is taken, he can then file a complaint. After a solution has been brought to the impending danger and the condition stated to be safe, the employees are expected to resume work. The employer has no right of disciplining an employee who refrains from working in line with this section. When decisions are pending over an alleged hazardous condition, the employer might assign the employee any other available work without necessarily losing their pay.
There are several remedies to an unsafe work environment. The regulatory body might request the employer to compensate the employee due to damages resulting from costs on hospital bills, medical bills, and rehabilitation. There should be mandatory changes in the safety practices within the organization. An OSHA investigation of the condition and a subsequent invocation of the company license might be required in adverse conditions.
The legal system does not recommend for the employees to quit immediately from the job before filing a complaint. The employee might have no constitutional rights to sue the employer after handing over a resignation letter. He might, however, refuse to work.
The employee, just like the employer has responsibilities in preventing workplace health hazards. The roles of the employees in preventing such health and safety risks include reading and understanding the posters by OSHA, using the right equipment for different types of activities within the workplace, and following the health and safety rules which are necessary for safe practices at work (Hoeven, 437). The employees should also report any conditions considered to be hazardous to their employer, and reporting any requirements that the employer fails to correct to OSHA.
Employers have a duty of maintaining safety standards within the workplace to reduce the numerous risks that employees might be exposed. The employees also have a responsibility of observing safety rules and ensure they are proactive in cases where there are impending dangers. The employers should act on any incidences of imminent threat that have been reported to them. Preventive measures are best suited for controlling unsuitable working conditions rather than dealing with the consequences. Failure to adhere to the standards provided by OSHA may lead to numerous health and safety issues within the workplace. Such cases inconvenience both the employer and the employee. The risks lead to numerous costs to both the employee and the employer.
Works Cited
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