Portland Personal Injury Law Blog

Whether you work in an office or on a construction site, your employer must provide a safe environment. Obviously working on a construction site brings with it a higher risk for physical harm.

Lucky for you, federal law has your back. Under the Occupational Safety and Health Act (OSH Act), your company must provide a safe workplace for its employees. You don’t have to wait for something bad to happen, though. If you see conditions that warrant reasonable concern for you and your fellow workers’ safety, you can file a complaint with the Occupational Safety and Health Administration (OSHA). The agency will then conduct an investigation and fine the company if there are any legitimate safety violations.

Most people think about these situations in terms of workers’ compensation cases that involve their direct employer. But if you work on a construction site where some work is subcontracted out, that subcontractor must also obey the laws associated with workplace safety.

What is “Protected Concerted Activity”?

Whether you are union or a nonunion worker, you can refuse to take part in work if you fear it is unsafe. When two or more employees do this it is referred to in legal terms as protect concerted activity. A single employee can take action as well if they are acting on authority of other employees.

Under the National Labor Relations Act (NLRA), you are given the right to join with other employees (even if it’s not in a formal union setting) to ensure safe working conditions.

Most employees are protect under the NLRA, but there are some exceptions:

- If you are employed by federal, state, or local government
- If you work as an agricultural laborer
- If you work in the domestic service of any person or family in a home
- If you are employed by a parent or spouse
- If you are employed as an independent contractor
- If you work for a company subject to the Railway Labor Act (railroads, airlines)
- If you work for a person who is not an employer as defined in the NLRA

While the NLRA sets out to protect workers’ safety, in reality it also acts as a bit of protection for employers from potential lawsuits. If dangers are addressed beforehand and accidents are prevented in the first place, it’s a positive for all involved.