In the past five decades, since the passage of the Occupational Safety and Health Act of 1970, employers have made considerable progress in making workplaces safer for employees. However, employment-related injuries and even deaths remain a problem nationally, and Arizona is no exception.

For example, according to the U.S. Bureau of Labor Statistics (BLS), Arizona private industry employers reported 69,500 nonfatal workplace injuries and illnesses and 103 fatal work injuries in 2022. This suggests that Arizona workers still face unsafe working conditions.

There are several ways to prepare yourself for a potential injury on the job. If an event occurs, there are steps to take when reporting unsafe work conditions to the Occupational Safety and Health Administration (OSHA) or its Arizona counterpart, the Arizona Department of Occupational Safety and Health (ADOSH).

The Matt Fendon Law Group helps injured Arizona workers and family members receive the workers’ compensation benefits they deserve. If you have been hurt on the job, including suffering from a work-related medical condition, call our offices at (800) 229-3880 and speak with an Arizona workers’ compensation specialist to learn more.

What Are Unsafe Work Conditions?

Under Arizona and federal laws, employers must provide employees with a safe and healthy work environment. Unsafe working conditions expose workers to hazards that could cause physical harm or illness.

Unsafe work conditions do not necessarily need to injure employers or workers to be detrimental directly. Some conditions can lead to reduced productivity and poor workplace morale, both of which can affect the employer’s bottom line and its ability to continue employing workers.

What Occupations Are Most Likely to Lead to Workplace Injuries?

One way to identify unsafe work environments is to start with where workers are being hurt on the job. According to the same 2022 BLS information referred to above, the following table identifies the industries and occupations where Arizona workers experienced on-the-job injuries:

According to the data, the industries with the highest number of workplace injury cases were:

1. Transportation, trade, & utilities (more than 21,000)
2. Education & health services (almost 16,000)
3. Leisure & hospitality industry (about 7600)
4. State & local government workers (almost 10,000)
5. Manufacturing & construction (more than 4000 injuries each)

What Causes Unsafe Work Conditions?

Unsafe work environments can be divided into three general categories: physical and ergonomic hazards, biological and chemical hazards, and unsafe acts by workers and employers.

Physical and Ergonomic Hazards

These hazards include known dangerous working conditions such as:

• Slick floors
• Broken stairs
• Exposed electrical wiring
• Fire and explosive hazards
• Poorly-designed workspaces
• Unmaintained equipment 

Work-related transportation accidents involving trucks, vans, forklifts, and blocked exits can also constitute a physical work hazard.

Manufacturing, construction, transportation, and agriculture workers are particularly subject to physical and ergonomic hazards.

A singular event like a fall or slip can cause physical and ergonomic injuries. However, they can also occur gradually over time, such as if you are forced to do dangerous repetitive motions or are constantly exposed to conditions that affect your muscles, joints, and other organs. 

For example, in 2019, an Arizona state representative publicized extreme heat conditions that U.S. Postal Service delivery workers can experience on their routes. During the summer, temperatures inside delivery vehicles reach up to 128 degrees, citing the time a postal worker cooked a steak on a vehicle dashboard to an internal temperature of 142 degrees as an example. Despite the temperatures not being a singular, traumatic event, prolonged time in excessive heat can lead to dangerous health consequences.

The Occupational Safety and Health Administration (OSHA) enforces several federal regulations relating to common sources of physical injury, including scaffolding, electrical equipment, machinery and machine guarding, and respiratory hazards.

In addition to conditions regulated by OSHA, an unsafe work condition can also involve imminent danger that poses an immediate risk of death, serious injury, or exposure to toxic substances or health hazards that could shorten life or significantly impair mental efficiency.

Biological and Chemical Hazards

Unlike physical hazards, biological hazards cause illnesses, infections, or severe allergies rather than physical injuries. These are often associated with unsanitary work conditions and non-existent or inadequate warning systems that allow hazardous environments to persist and worsen so that toxic-level buildups occur.

Chemical hazards can cause serious physical harm to your skin, lungs, and other organs, such as your liver and kidneys, from exposure to toxic substances. This includes caustic chemicals and acids, paints and solvents, pesticides, dust, and certain toxic elements and materials like lead, mercury, asbestos, and arsenic.

Biological and chemical hazards can be dangerous because they often have delayed effects. By the time you start manifesting symptoms, you may already have serious concentrations of harmful substances built up in your lungs, kidneys, liver, reproductive system, and brain.

Unsafe Acts by Workers and Employers

Technically speaking, unsafe acts at the workplace are not unsafe working conditions. However, psychosocial hazards can lead to an unsafe work environment. 

The main difference between conditions and acts is that correcting unsafe working conditions involves making physical changes, like cleaning up hazardous materials, using proper personal protective equipment, installing safeguards, or fixing or replacing dangerous work equipment and machinery. Correcting unsafe acts usually requires changes to workplace policies, employee training, or, in some cases, replacing unsafe workers or managers.

Some kinds of unsafe actions employers and employees can engage in are intentional, while others are inadvertent. Here are some specific ways that unsafe acts can contribute to unsafe conditions.

Human Error

Workers who do not receive proper training or are subject to unreasonable demands as part of their job requirements are more prone to do things that create dangerous working conditions.

For example, a worker who does not receive proper training in using protective equipment like respirators around toxic materials is more likely to suffer from exposure to those materials.

Intentional Conduct

Some hazards are created by employees who create unsafe environments through harassment, discrimination, and intimidation. Management that prioritizes profits over worker safety is more likely to neglect necessary investments in safety equipment, proper training, and maintaining a safe workplace. Other employees who create a hostile work environment can create distractions that lead to accidents or even engage in behaviors that directly lead to workplace harm, like assaulting coworkers.

What are the Effects of Unsafe Work Conditions Other Than Injuries?

The first thing many people understandably think about when considering unsafe work environments is physical injuries. But these are not all that can happen if unsafe conditions are allowed to go on. Additional negative consequences of workplace hazards include:

Damage to Equipment and Property

Unsafe conditions often lead to damaged or destroyed equipment, materials, and workspaces. Depending on the severity of the damage, this could affect not only the injured worker but the business as a whole. 

For example, an unsafe condition that results in a fire or an explosion could put other workers out of work or even cause the employer to shut down operations for good.

Poor Worker Morale and Reduced Productivity

Employees who report to work wondering if today will be the day when they get injured on the job are often employees who have a harder time focusing on their assignments. Furthermore, employees who constantly face disruptive coworkers or managers who ignore unsafe conditions are more likely to be distracted and unable to focus on their work.

Also, employees who witness others hurt at work tend to have lower morale. 

These avoidable situations can lead to lost productivity, higher employee turnover, and physical injuries.

Higher Insurance Premiums

Workers’ compensation is not the only insurance that employers need to be aware of when considering the costs of an unsafe workplace. As mentioned above, employee accidents and injuries at work often do not happen in a vacuum; they frequently involve collateral damage to equipment and facilities.

The more an employer allows unsafe conditions to continue, the more likely it is to see its insurance costs go up. If the cost to insure the business becomes too high, this could lead to curtailment of operations or even a closing of the company, which also negatively impacts everyone who works there.

Responding to Unsafe Working Conditions

There are two things workers can do when exposed to an unsafe workplace. You can report unsafe working conditions to your employer and to OSHA, and if you are hurt on the job, you can file a workers’ compensation claim.

Reporting Unsafe Work Conditions

As a worker in Arizona, you have the legal right to work in a safe environment. Good employers know this like they know that a worker who feels safe is also a happier and more productive employee.

Let Your Employer Know About Unsafe Conditions

If you see an unsafe condition at your place of employment, the first step is to let your employer know about it. A conscientious employer will not wait for an OSHA complaint to take corrective action once it becomes aware of a dangerous condition, so often, simply making management aware of the problem may be all that is needed to fix it.

Taking up the matter with your employer first can also reduce the chance of it seeing you as a “problem” employee. Although you have legal “whistleblower” protections against employer retaliation for reporting unsafe working conditions to OSHA, trying to work with your company first is almost always the best first step to take to preserve a harmonious workplace environment.

Report Unsafe Working Conditions to OSHA or ADOSH

Sadly, not all employers are as diligent as they should be when protecting workers from unsafe conditions. If they all were, OSHA regulations and inspections would not be needed. If you have tried telling your company management about an unsafe condition and they fail to take action to correct it, you have the right to report that condition to OSHA.

OSHA requires employers to follow regulations governing safety standards, provide a workplace free of safety hazards, maintain safe operating procedures, ensure that safety equipment is in working order, and ensure that workers are aware of their rights and responsibilities concerning workplace safety and health.

An employer that does not comply with these requirements can be subject to fines, lawsuits, and other consequences, including being forced to cease operations until hazardous working conditions are corrected.

File an OSHA Complaint

If you have tried working with your employer to resolve an unsafe working condition and that has not worked, or if you believe that doing so would not work, you can report unsafe conditions to OSHA. If you fear that your employer will retaliate against you if you report to OSHA, you can still make an anonymous whistleblower report.

In addition to OSHA, the Industrial Commission of Arizona maintains a subordinate agency, the Arizona Department of Occupational Safety and Health (ADOSH). ADOSH enforces employer compliance with workplace safety regulations through inspections, but you can report workplace safety violations to ADOSH anonymously if you prefer.

What to Do If an Unsafe Workplace Caused Your Injuries

If you are the victim of an unsafe workplace condition that results in an injury, here are some steps you can take to obtain fair compensation for your medical costs in addition to filing a report for an OSHA inspection:

1. Report the accident to your employer immediately
2. Get the medical attention you need to treat the injury
3. Take pictures of the unsafe work condition, and write down the names of any eyewitnesses to the accident
4. File a workers’ compensation claim

Call the Matt Fendon Law Group About Your Workplace Accident

If you have been hurt at work because of a workplace safety hazard, you should file a complaint under OSHA standards and see if your remedies fall under Arizona workers’ compensation. The Matt Fendon Law Group can help you with all aspects of your workers’ compensation claim.

Call us today at (800) 229-3880 to schedule a confidential, free consultation with an experienced workers’ compensation lawyer in Phoenix. You can also contact us online to ask a question or to schedule a free consultation.