Failure to Train
West Virginia Work Accident Attorney
Training is the essential component of an employer's safety and health
program. Many standards issued by the Occupational Safety and Health Administration
(OSHA) clearly require an employer to train employees in the safety and
health aspects of their jobs. More than 100 OSHA standards contain training
requirements. Other OSHA standards direct an employer to limit job assignments
that have a high degree of complexity or risk, to employees who are certified,
competent or qualified.
It is no light matter for an employer to fail to train an employee or to
assign a person to a job for which he is not certified, qualified or competent
to perform. Every year violations of training requirements result in thousands
construction accidents, instances of
scaffolding accidents and more. Under West Virginia law, employers and owners can be held liable
for injuries sustained due to a failure to train their employees. In fact,
in the aftermath of the Olympic Pipeline explosion in 2002, owners were
criminally prosecuted for knowingly and willfully violating "minimum
safety standards" including a failure to train employees.
When you have suffered serious injury due to
safety and OSHA violations, including failure to adequately train you or other employees, you owe
it to yourself to consult a
West Virginia personal injury attorney for help in obtaining the compensation you deserve.
Work Injury Lawyer in West Virginia
Limiting job assignments to employees certified, competent or qualified
for the job is the responsibility of the employer. OSHA standards established
a designated person is one selected or assigned by the employer as being
certified, competent or qualified for the job. Specifically defined:
A certified worker is one who meets nationally recognized certification
requirements applicable to the task being performed.
A competent worker is one who is capable of identifying and predicting
hazardous, unsanitary or dangerous working conditions, and is authorized
to eliminate them.
A qualified worker is a person who possesses a recognized degree, certificate
or professional standing, or who has the knowledge, training and experience
to successfully resolve problems relating to the field of work or work project.
As with a failure to train an employee adequately for a job, when an employer
assigns a job to someone who can't perform it, many can suffer when
accidents cause injury. Both can be difficult to prove. In these complex
cases, it is important to
contact a West Virginia personal injury lawyer. We have the skills and experience to find all negligent parties.