A Michigan Construction Worker's Right to a Safe Workplace

As construction and personal injury attorneys in southeast Michigan, Sachs Waldman attorneys are often asked questions about workplace injuries and accidents at construction sites. The construction industry has a broad sweep, and workers can suffer injuries on any type of construction project, whether it is residential, commercial, or industrial. Workers often ask legal advice about:

• Slips and trips
• Falling from heights
• Being struck by falling objects
• Electrocutions
• Being struck by vehicles or heavy machinery
• Exposure to hazardous and toxic substances (e.g. asbestos or lead)

Construction is a risky business, but construction workers are entitled to a safe workplace just like everyone else.

MIOSHA: Setting the Bar on Safety Standards

Congress passed the Occupational Safety and Health Act of 1970 to help prevent workplace injuries and death by requiring employers to make sure employee workplaces are free from known occupational dangers and hazards. The Act created the Occupational Safety and Health Administration (OSHA), which is charged with creating and enforcing workplace health and safety standards. The Michigan Occupational Safety and Health Administration (MIOSHA), operating through the Michigan Department of Licensing and Regulatory Affairs (LARA), is the Michigan government agency acting as the state arm carrying out OSHA’s goals. In an agreement with OSHA, MIOSHA set up its state plan, which adopts OSHA standards for the most part.

Know that in addition to MIOSHA, other sources—including local building codes, the Association of General Contractors, and the American Institute of Architects—may impose additional rules and duties on construction site employers.

Who Is covered by MIOSHA?

In general, MIOSHA applies to Michigan workplaces, but it does not cover federal government employees, the United States Postal Service, maritime and mining activities, and domestic employment, which all fall directly under OSHA’s federal jurisdiction.

MIOSHA standards basically cover all workers on a construction site. MIOSHA covers all contractors or subcontractors who enter into contracts that are for construction, alteration, or repair. MIOSHA also covers suppliers who provide any supplies or materials for construction projects, but MIOSHA coverage requires a minimum connection to the construction site. That is, to fall under MIOSHA's umbrella, (1) fabrication of materials or supplies must have been performed on or near a construction site, or (2) supplies or materials had to have been fabricated specifically for that construction project. 

Who Is Responsible for Compliance?

The lead contractor retains overall responsibility for MIOSHA compliance on all work done under a construction contract, regardless of whether or not he hires subcontractors to do part of the work. When a subcontractor agrees to do a part of the work on a contract, the subcontractor assumes responsibility for MIOSHA compliance as to that part. However, the lead contractor on a project and a subcontractor agreeing to perform work on a contract will still be jointly responsible as to that subcontracted portion of the work. Got it? Basically the lead contractor is responsible no matter what, and subcontractors are responsible as to the work they've agreed to do. 

Safe Workplaces: Rights and Obligations

Contractors and subcontractors must provide people working on a construction site (including laborers and mechanics) with a safe workplace, which is free from unsanitary, hazardous, and dangerous conditions. 

In Michigan, sanitary conditions include providing sufficient numbers of toilets in proportion to numbers of employees as mandated by MIOSHA. 

As to danger and hazards, Michigan employers need to work with employees to come up with and implement an accident prevention program. Under the program, employers must train employees on the operation, hazards, and safeguards for equipment or machinery. Employers need to make sure equipment and machinery is inspected to discover and deal with any unsafe conditions. Employers must also provide employees with personal protective equipment (PPEs), such as respirators, to prevent injury from potential hazards on site.

Construction sites are always going to be risky places to some degree no matter what, but Michigan requires more stringent emergency procedures to be in place than OSHA does. For instance, employers need to make sure that before a project starts, access to medical attention is provided for. Furthermore, someone certified in first aid needs to be on site. Employers need to make sure first aid supplies approved by a consulting physician are on site, easily accessible, and periodically maintained. In case of injury, employers need to make sure emergency numbers are conspicuously posted on site as well.

It’s a Dangerous World, How Do I Protect Myself?

Some of the most common types of construction injuries involve falls, electricity, trenching, and struck-by (objects or heavy machinery) accidents. OSHA and MIOSHA recognize these dangers and lay out extensive guidelines for safe practices on construction sites. Both employers (contractors, subcontractors, or others) and employees should be aware of their rights and responsibilities.

MIOSHA, not to mention other promulgating sources, offers a great deal of guidance on what employers owe to employees in ensuring safety on a construction job. As an employee, figuring out how all the safety guidance works in practice can start to look overwhelming in a hurry. To discuss your case, contact our Detroit construction litigation and personal injury attorneys today at (800) 638-6722.