Employees Rights & Responsibilities in Construction
According to the US Department of Labor, the construction industry is one of the largest sources of employment in the country, with about 7.2 million workers. In spite of being a significant source of employment, construction workers face hazardous conditions in their workplace. The rights and responsibilities of construction workers largely pertain to safety and health standards of mitigating workplace hazards. These rights and responsibilities are primarily derived from both the US Department of Labor and the Occupational Safety and Health Administration.
Safe Working Conditions
Construction employees have the right to safe working conditions. Construction companies have the responsibility of making construction sites safer to alleviate construction fatalities. Employees have the right to personal protective equipment such as safety gloves, eye shields, helmets and earmuffs. Safe work places are characterized by equipment that is working properly. Employees have the right not to work in an unsafe construction site until the employer makes the site safer.
Fair Labor Practices
According to the DOL Fair Labor Standard Act, construction workers have a right to fair labor practices. These include minimum wage and overtime for youth workers, older workers as well as immigrants. According to the Act, construction employees are eligible for payment of time and one-half the regular rate of pay for time worked over 40 hours per week. It is the responsibility of the employer to record the duration worked by an employee in order to calculate the payments due to the employee.
Construction employees have the right and responsibility of reporting unsafe working conditions. Employees should report to the site supervisor or employer for the construction site to be made safer. Employees may request the Occupational Safety and Health Administration to inspect the construction site, if the supervisor or employer fails to make the site safer. Upon reporting to OSHA, an employee has the right to freedom from retaliation from the employer, for example, through termination of work or withholding of wages.
Employees working in a construction site have the right to information about the imminent hazards in the work site. This is regulated by OSHA Hazard Communication Standards, which require that an employer provide information about workplace risks and the preventive measures to be taken. Employees have the right to know about any dangerous chemicals in the construction sites, the imminent dangers posed by equipment and the health risks associated with working at a construction site.
- US Department of Labor Occupational Health and Safety Administration: Hazard Communication
- Findlaw: OSHA and Construction Workers' Right to a Safe Workplace
- US Department of Labor Wages and Hours Department Fact Sheet #1: The Construction Industry Under the Fair Labor Standards Act (FLSA)
- US Department of Labor Occupational Health and Safety Administration: You Have The Right To a Safe Workplace
Diana Wicks is a Canadian residing in Vancouver. She began writing in 2004 while still a student at Lincoln School of Journalism, in the city of London. She has worked as Chief Editor of Business Chronicle, an online magazine based in London. Wicks holds a Bachelor of Arts (Honors) in journalism and a Master of Business Administration from the London School of Economics.