Author: Shelby Benavidez 

Contributing Attorney: Arash Karimi, attorney

TL;DR: Unsafe Work Conditions 

  • Identify the hazard and look for the root cause, especially if incidents keep happening 
  • Document everything: photos, videos, dates, times, and detailed descriptions 
  • If others are dealing with the same issue, document their incidents too 
  • Talk to coworkers and gather statements if there’s no formal paper trail 
  • Report the issue internally to your supervisor or HR first 
  • If nothing changes, file a complaint with OSHA or the Texas Department of Insurance 
  • If the situation is dangerous, you have the right to refuse unsafe work and report it immediately 
  • If you’re injured, seek medical attention and consider speaking with a premises liability attorney

Let’s be honest, many Texans don’t wake up every morning eager to go to work. However, this state is flooded with hardworking members of society that need a job to support themselves and their family. While you may not always love what you do, you are entitled to safe work conditions. Thankfully, Texas workers, regardless of your industry, are protected by state and federal job safety laws.   

If you believe your workplace isn’t up to safety standards or find yourself or a coworker in danger due to employer negligence or a persistent safety hazard, it’s important to act quickly. Here’s a guide on how to document and report unsafe work conditions.   

Recognizing Unsafe Work Conditions   

Occupational safety risks should be taken seriously. According to the Bureau of Labor Statistics, several jobs in the United States had recorded nearly 5,500 job-related fatal injuries in 2022, particularly in industries like construction, health care, manufacturing, retail trade, transportation, and more.   

Identifying and reporting unsafe conditions is crucial for workplace safety. Physical hazards, such as slippery floors or exposed wiring, are often overlooked, while chemical dangers from hazardous materials need proper handling to prevent severe risks. Ergonomic hazards, caused by poorly designed workspaces, can induce chronic injuries, and psychosocial issues like workplace stress are serious concerns, as well.    

Recognizing these conditions and understanding the urgency to document and report them will help efforts to improve the safety of workers across Texas.   

Documenting Unsafe Conditions   

1. Identify the Hazard   

Try to figure out exactly what the hazard is. If there have been multiple injuries or close calls, look for the common cause. Understanding the root problem will help you document it clearly and communicate it to the right people. 

For example, if several people have slipped in the same area, it’s probably not because your co-worker keeps spilling his water there. It could be that the flooring material is too slippery for that environment. In that situation, the hazard isn’t just the wet floor; it may be the flooring itself. 

2. Maintain Detailed Records   

Keep thorough records of the unsafe conditions. Take photos or videos, write down the date and time of each incident, and document exactly what happened and what the hazard looked like. Again, if multiple people are having the same issue, try to document their incidents too. Showing a pattern of repeated incidents can make it much easier to prove the hazard is a serious problem that needs to be fixed. 

3. Collect Witness Statements   

Gather statements from coworkers who have also observed the unsafe conditions. Sometimes there isn’t a formal report or paper trail, so the best place to start is by talking to the people you work with. If others have dealt with the same hazard or seen someone get hurt, write down their statements and keep their contact information. 

Steps to Report Unsafe Work Conditions   

1. Internal Reporting   

Initially, you should try to report any unsafe conditions internally according to OSHA guidelines. Start by notifying your immediate supervisor and, if necessary, escalate the issue to your HR department. Documenting and following up on your report are essential in making sure corrective actions are taken.   

2. Filing a Complaint with OSHA   

If you can’t resolve the issue internally, filing a complaint with OSHA is the next step. Workers can do so by phone, mail, fax, or online. Give as much detail as you can about the employer and the hazard for a thorough investigation. OSHA protects your confidentiality and offers the right to speak privately with investigators about workplace hazards.   

3. Reporting to TDI-DWC   

In correspondence with OSHA, you can also notify the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) about safety violations through their hotline or by completing a workplace safety complaint form.   

What to Do in Cases of Imminent Danger   

In situations posing an immediate threat to life or serious physical harm, you have the right to refuse work and should report the imminent danger directly to OSHA. In these situations, it may be in your best interest to consult with a premises liability lawyer to discuss your rights and next steps. Prioritize your safety by taking quick action to address these conditions.   

Legal protections exist to prevent retaliation against those who report unsafe work conditions. Should you face retaliatory actions, you can file a whistleblower complaint with OSHA within 30 days.   

If you have suffered an injury due to employer negligence or unsafe work conditions, it is crucial to contact a qualified premises liability attorney as soon as possible. They can help you gather evidence, file a claim, and fight for full value for your injury. Workplace injuries can be tricky, so don’t try to fight it alone. Let an experienced attorney guide you through the legal process and help you get your life back on track.  

Frequently Asked Questions: Injured Due to Unsafe Work Conditions 

What counts as unsafe work conditions? 

Unsafe work conditions can include slippery floors, exposed wiring, broken equipment, lack of safety gear, poor training, hazardous chemicals, unsafe lifting requirements, or anything that puts workers at risk of injury or illness. 

Should I report unsafe conditions to my employer first? 

Yes. In most situations, you should report the issue to your supervisor or HR department first and document that you made the report. This gives your employer the opportunity to fix the problem. 

What if my employer ignores the unsafe conditions? 

If the issue is not fixed after internal reporting, you can file a complaint with OSHA. You can submit a complaint online, by mail, fax, or by phone. You can also report safety violations to the Texas Department of Insurance, Division of Workers’ Compensation. 

Can I get in trouble for reporting unsafe work conditions? 

It is illegal for an employer to retaliate against you for reporting unsafe work conditions. If your employer fires you, cuts your hours, or punishes you for reporting a safety issue, you may be able to file a whistleblower complaint. 

What should I do if I am injured because of unsafe work conditions? 

Seek medical attention immediately, report the injury, and document everything related to the incident. It may also be helpful to speak with a premises liability attorney to understand your rights and whether you may be entitled to compensation. 

What if the situation is immediately dangerous? 

If there is an immediate risk of serious injury or death, you have the right to refuse unsafe work and report the danger directly to OSHA right away.