Common OSHA Violations on Nevada Construction Sites and How They Impact Injury Claims

Construction sites are some of the most dangerous workplaces in Nevada. In 2022 (the most recent year of statistics available), 14 construction workers were killed and hundreds more were seriously injured.

From heavy machinery to exposed wiring to unstable scaffolding, hazards are everywhere. And while construction companies are legally required to follow strict safety regulations set by the Occupational Safety and Health Administration (OSHA), violations still happen far too often, and workers pay the price.

If you’ve been injured on a job site, it’s important to understand how common OSHA violations may have contributed to your accident, and how those violations can strengthen a personal injury or third-party liability claim. Because while workers’ compensation provides some financial relief, it’s often not enough. When a safety lapse or code violation is involved, you may be entitled to pursue additional compensation.

In this article, we’ll cover:

• The most common OSHA violations on Nevada construction sites
• How these violations contribute to serious injuries
• How OSHA citations can support your legal claim
• When third-party lawsuits apply
• What to do if you believe a safety violation caused your injury

The top OSHA violations in construction

Every year, OSHA releases a list of the most frequently cited safety violations across industries, and construction consistently tops the list. Some common violations include:

1. Fall protection

Falls are the leading cause of death in construction. OSHA requires fall protection systems for any work performed six feet or more above a lower level. Sadly, many employers fail to provide proper harnesses, guardrails, or safety nets, and in turn, place workers in danger.

2. Scaffolding violations

Improperly erected or maintained scaffolding creates potentially deadly risks. Violations include missing guardrails, unstable platforms, and lack of secure anchoring. Scaffolding failures can lead to falls, crush injuries, or even electrocution in cases where the scaffolding is placed too close to power lines.

3. Ladders

Ladders play a role in thousands of workplace accidents each year. Common violations include using damaged ladders, improper angle or placement, or a lack of rules that forbid the carrying of heavy tools while climbing.

4. Hazard communication

Construction sites often involve hazardous chemicals (examples include adhesives, paints, or cleaning solvents). OSHA’s hazard communication standard requires employers to properly label these substances and train workers on safe handling procedures.

5. Respiratory protection

Dust, fumes, and airborne toxins are common on construction sites. When employers don’t provide adequate masks or ventilation, workers may suffer long-term respiratory problems.

6. Electrical hazards

From exposed wires to improper grounding, electrical safety is a critical concern. Contact with live electrical parts can cause shocks, burns, or fatal electrocution. OSHA requires clear labeling and proper de-energization procedures when working near electrical systems. In certain contexts, lockout/tagout rules also apply.

7. Machinery and equipment guarding

Machines like saws, grinders, and conveyors need safety guards to prevent accidental contact with moving parts. A missing or faulty guard is a clear OSHA violation and an obvious danger.

How OSHA violations lead to injury

Many construction accidents are preventable. When safety protocols are ignored, it puts lives at risk.

For example:

• A missing guardrail on a second-story platform can lead to a fatal fall.
• Unmarked electrical panels can cause a worker to be electrocuted while performing a simple task.
• Substandard scaffolding construction can collapse under weight, injuring multiple workers.

When an accident happens and an OSHA rule was violated, that violation may be an important piece of evidence in your injury claim.

How OSHA findings can help your injury case

If OSHA investigates the accident and finds a violation, that citation can be incredibly useful in your legal case (admissibility depends on the court’s discretion). While OSHA itself doesn’t award compensation, their findings may:

• Prove that safety standards were violated
• Show that your employer or a third party acted negligently
• Support claims of unsafe work conditions
• Help establish liability in a third-party lawsuit

OSHA investigations usually include photos, interviews, written reports, and citations. All of these can be used to strengthen your case.

Can you use an OSHA citation in court?

Yes, in many cases, OSHA citations and reports can be introduced as evidence in a personal injury lawsuit or third-party claim.

However, just having a citation isn’t enough to guarantee compensation. You’ll need to show how the violation directly contributed to your injury, and that’s where a construction accident lawyer comes in.

Workers’ comp vs. third-party lawsuits

After a construction injury, your first route to compensation is usually through workers’ compensation. In Nevada, this system provides medical care and wage replacement without requiring you to prove fault.

But here’s the catch: workers’ comp is limited. It doesn’t cover pain and suffering, full lost wages, or long-term damages.

That’s why it’s so important to explore third-party liability claims.

A third-party claim is a lawsuit you can file in addition to workers’ comp if someone other than your employer contributed to your injury. Examples include:

• A subcontractor who left tools in a walkway
• A scaffolding company that installed defective platforms
• A property owner who failed to maintain safe conditions
• An equipment manufacturer that sold a faulty product

In these cases, an OSHA violation can be the missing link that proves someone else’s negligence.

What to do if you suspect a safety violation caused your injury

If you believe your injury was caused by an OSHA violation, it’s critical to act quickly.

1. Report the injury right away

Notify your supervisor, fill out a workplace injury report, and seek medical attention. Document everything.

2. Request an OSHA investigation

You can file a confidential complaint with OSHA to trigger an inspection. If a violation is found, they’ll issue citations that may support your claim.

3. Take photos and save evidence

If you’re able, take pictures of the accident scene, any hazards, and your injuries. If possible, get names of witnesses or coworkers who saw what happened.

4. Consult a construction accident lawyer

An experienced attorney can investigate whether OSHA rules were broken, gather reports, and identify all potential sources of compensation. They can also file third-party claims and deal with the complexities of employer liability laws in Nevada.

It’s all about accountability

Construction is dangerous work, but that doesn’t mean injuries are just part of the job. When your accident was caused by someone ignoring safety rules, you have every right to hold them accountable. OSHA rules are there to protect workers like you.

If you’ve been hurt on a Nevada construction site and suspect a safety lapse or violation was involved, don’t rely solely on workers’ comp. Talk to a construction accident lawyer who can help you uncover the truth, fight for your rights, and pursue the full compensation you deserve.

Injured on the job? Let’s talk.

At Claggett & Sykes, we’ve helped injured workers in Nevada stand up to unsafe employers and negligent third parties. Our team knows the law and OSHA standards. Contact us today for a free consultation.