Most Common violations
The top 3 violations by employers include safety, wages/hours, and discrimination.
Safety violations
In 2024, the top violations included:
1. Fall protection – 6,244 violations
2. Hazard Communication – 2,888 violations
3. Fall Protection Training – 2,021 violations
4. Eye and Face Protection – 1,934 violations
As an employer, it is their duty to help train and prevent injuries. Every employee should be aware of the risks they can encounter via communication or a training. Safety is regarded as one of the most important regulations on a construction site because of the dangerous hazards they can encounter. Whether that be a hammer flying down or a piece a metal flying into the eye, it can all become dangerous really fast. When workers leave their homes to work they are wanting to come back uninjured to their families. So, having measures in place drastically lessens catastrophes. It not just protects the employee but the employer who would have to deal with paying the insurance and other troubles.
Examples of Safety Regulations:
1) According to OSHA: “Each employee who is constructing a leading edge 6 feet (1.8 m) or more above lower levels shall be protected from falling by guardrail systems, safety net systems, or personal fall arrest systems.”
2) Hazardous chemicals must be labeled and classified. The hazard has to be communicated to the employee and protective measures must be instilled
3) The employer must provide fall safety training to those who can be exposed to falling.
-Allowing the employee to recognize hazards and how to minimize them.
4) Employer has to ensure that employees wear appropriate eye or face protection when dealing with potentially dangerous materials.
Wages and Hours
It is important that every worker get paid the hours they work so that they can fee their families and take care of their personal buisness. Employers must not try and avoid paying their workers or they can face serious consequences.
Employees must be paid at least the federal minimum wage
-In California, the minimum wage is $16.50
Past 40 hours are considered overtime and must be paid according to overtime rate
-Overtime must be paid at a rate of 1.5 times the regular rate of pay
*According to Fair Labor Standards Act (FLSA)
Employees have a protected 30 minute break after every 5 hours worked
10 minute paid break for every 4 hours worked
Note: If your employer does not provide you your protected breaks, they must pay you an extra hour of pay at your regular rate of pay.
*Acoording to the Department of Industrial Relations (DIR)
Ways employers might try and and avoid paying include:
Misclassifying employees:
Labeled as independent contractors to avoid paying overtime, benefits, or taxes
Not paying:
This could include Splitting shifts or even confusing pay records
Misreporting:
The employer may try and delay paychecks and underreport work hours to avoid paying
When Reporting:
-Keep records of time sheets and additional info
-File a wage claim with the Department of Labor
Discrimination/Harassment
No one in a place of work or in our society should deal with prejudice or any form of discrimination. Discrimination and/or harassment should never be allowed in a workplace because every person is there to work, and deserves to be treated with fairness and respect, no matter their background. In construction, harassment can create an unfair and unsafe environment, and should not be accepted. These acts not only harm the individuals, but it can hurt the entire community.
Prohibits Discrimination
Employers cannot treat workers unfairly based on:
-Race, color, religion, sex, gender identity, sexual orientation
-National origin, ancestry, disability, age, marital status, or military status
Prohibits Harassment
Employers must prevent harassment in the workplace, including verbal or physical harassment
Requires Reasonable Accommodations
Employers must make accommodations for workers with disabilities or certain religious practices
Covers All Employment Areas
Hiring, firing, promotions, pay, job assignments, training, and more
*Under the Fair Employment and Housing Act