California Construction Industry Employment Lawyer

The construction industry is frequently one of the most important and unfortunately, dangerous, ectors of employment in California. Despite the dangers posed by this work, the construction industry is a significant sector of California’s economy. It employs a considerable number of workers across various fields, usually in the following positions or trades:

• Architect
• Carpenter
• Electrician
• Plumber
• HVAC technician
• Heavy equipment operator
• Roofing installer
• Drywall
• Painter
• Landscaper

According to data from the California Employment Development Department (EDD), as of December 2022, there were approximately 925,000 workers employed in the construction industry in California.

The construction industry in California encompasses various sub-sectors, including residential and non-residential construction, specialty trades, heavy and civil engineering construction, and others. It’s worth noting that the construction industry is highly dependent on economic conditions and can be subject to fluctuations in employment numbers over time. However, in recent years, California’s construction industry has seen steady growth, and employment numbers have generally been on the rise.

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Even though the construction industry is one of the most steadily growing industries in the state, it still presents many dangers for its workers. On top of physical danger and intense labor, construction workers frequently experience unsafe conditions, harassment, wage theft, and other violations in the workplace.

At Maison Law, we stand up for victims of any type of violation, whether it be physical or at work. Our team of experienced California employment lawyers can help you protect your rights and hold your employer accountable if they’ve violated any of California’s numerous employment laws. If you would like to learn more about your options, contact us for a free consultation.

Dangers of the Construction Industry in California

Not only does the construction industry employ tens of thousands of people throughout California, but it’s also a highly-dangerous occupation. The construction industry in California can be a hazardous field, and workers in this industry are at risk of various injuries and accidents, including:

• Falls
• Struck-By Accidents
• Electrocution
• Caught-In/Between Accidents
• Chemical Exposure

To mitigate these risks, employers in the construction industry in California are required to follow safety regulations set forth by:

• Occupational Safety and Health Administration (OSHA)
• California Division of Occupational Safety and Health (Cal/OSHA).

Employers in the construction industry in California are required to provide:

• An Injury and Illness Prevention Program (IIPP) – All construction employers in California must have an IIPP that outlines the steps the employer will take to prevent workplace injuries and illnesses. The IIPP must be in writing and include procedures for identifying and correcting hazards, training employees, and investigating incidents.
• Adequate training – Employers must provide training to workers on the hazards they may encounter on the job and how to properly use safety equipment and tools.
• Regular safety inspections – Employers must inspect construction sites regularly to identify and address potential hazards.
• Personal protective equipment (PPE) – Employers must provide PPE, such as hard hats, safety glasses, and gloves, to workers and ensure that the PPE fits properly and is in good condition.
• Compliance with specific safety standards – Cal/OSHA has specific safety standards that apply to the construction industry, such as requirements for fall protection, excavation safety, and equipment safety.
• Proper reporting of injuries and illnesses – Employers must report any work-related injury or illness to Cal/OSHA within a specific timeframe.

Obviously, because of the dangers inherent in this industry, workers need to be aware of several different factors. One of the most important, though, is being aware of how the law protects them in the event their employer begins violating their rights.

What Rights Do Construction Industry Workers Have in California?

Most often, workers in the construction industry are focused on staying safe and whether or not they’re being paid correctly. This is partially due to the nature of the work, especially among lower-wage workers. But that only partially covers the rights a construction worker has. In fact, every construction worker in California has several legal rights that are protected by state and federal laws. These rights include:

• The right to a safe workplace – Employers in California are required to provide a safe workplace for their employees, including in the construction industry. Workers have the right to refuse work if they believe it is dangerous or if proper safety measures are not in place. These rights are found under Cal/OSHA and its federal counterpart, OSHA.
• The right to workers’ compensation – California’s wage and hour laws provide a level of protection for a construction worker is injured on the job. Under these laws, they have the right to workers’ compensation benefits to cover medical expenses, lost wages, and other costs related to the injury.
• The right to be free from discrimination – Like every other California employee, construction workers are protected from discrimination based on their race, gender, age, religion, or other factors. Under the Fair Employment and Housing Act (FEHA), employers cannot retaliate against workers who report safety concerns or file workers’ compensation claims.
• The right to whistleblower protection – California’s Whistleblower Protection Act (WPA) applies to construction industry workers, which protects those who report violations of state or federal laws, rules, or regulations. Under the WPA, it is illegal for employers to retaliate against employees who report violations or suspected violations of the law. Retaliation can take many forms, including termination, demotion, suspension, or any other adverse action against the employee.
• The right to overtime pay – Another wage and hour protection for construction workers in California involves them being entitled to overtime pay if they work more than eight hours in a day or 40 hours in a week.
• The right to organize and join a union – Construction workers have the right to organize and join a union to collectively bargain for better wages, benefits, and working conditions.

How Can Construction Industry Workers Hold Their Employers Accountable?

Because the construction industry is so dangerous, many workers may assume that simply because they are working in such dangerous conditions means that they aren’t able to change anything about how they’re treated by their employer. This couldn’t be further from the truth. There are a number of ways that you can hold your employer accountable for violating your rights in the workplace, including:

• Report violations – Construction industry workers should always report any violations of the law to the appropriate authorities, such as the Occupational Safety and Health Administration (OSHA) or the California Labor Commissioner’s Office. Reporting violations can help hold employers accountable and prevent further violations from occurring.
• File an administrative complaint – Once you’re able to identify unsafe working conditions or hazards, you should file an administrative complaint with Cal/OSHA. This will prompt an investigation and inspection of the work site and determine whether any violations have occurred. You may be contacted by a Cal/OSHA representative for additional information or to schedule the inspection, but you have the right to request that your identity be kept confidential during the investigation. Furthermore, your employer is prohibited under the law from retaliating against you for taking these actions.
• File a lawsuit – Workers who have been harmed by their employer’s actions can file a lawsuit to seek damages, including the following:
  • Lost wages or back pay for wrongful termination.
  • Being reinstated to your position.
  • Damages relating to loss of benefits, emotional distress, and mental anguish.
  • Medical costs if you were injured because of the unsafe working conditions
  • Punitive damages, in severe cases where the employer was deemed to have acted negligently.

With these steps, it’s possible to not only hold your employer accountable for their illegal actions, but it can improve the overall safety of your workplace. This can ensure the safety of the many others that work in the industry, and will also send a message to other employers that unsafe conditions or treatment won’t be tolerated.