THE TOP 10:

OSHA'S MOST CITED

VIOLATIONS & HOW
TO AVOID THEM
PRESENTED BY
T
  he Occupational Safety and Health Administration, commonly known as OSHA,
was established April 28, 1971, in order to "assure safe and healthy working
conditions for working men and women by setting and enforcing standards and
by providing training, outreach, education and assistance."

Since enforcement is part of OSHA’s mission, they regularly conduct workplace

inspections and may choose to levy fines for violations of standards or for the
identification of serious hazards. In fact, OSHA conducted over 33,000
inspections during fiscal year 2019, the most since 2015.

Near the end of each year, OSHA releases a list of the 10 most-cited violations
from that fiscal year. Recent lists have remained fairly consistent, and the top
violations are some of the most easily preventable issues. When employers
understand these common issues, they can take action to avoid potentially costly
OSHA penalties and protect their workers’ lives.

TOP 10 OSHA VIOLATIONS

While numbers from FY 2020 have not yet been released, we expect to see many
of the same violations from the 2019 list. After all, in 2019, the majority of the list
went unchanged from the previous year and, for the ninth year in a row, Fall
Protection topped the list.

Here is some more information on each of the most-cited OSHA violations from
2019:

1. Fall Protection – General Requirements

In 2018, despite decreasing from the all-time high the year before, fatal falls
were still the fourth-highest incident type. Falls also accounted for nearly 10%
of all non-fatal workplace injuries that year. However, such situations can be
easily prevented by providing workers with fall protection equipment, such as
harness systems or safety lanyards.

OSHA’s fall protection standard notes that it is the responsibility of the

employer to implement controls to protect workers, whether that means
utilizing personal protective equipment (PPE) or removing the danger
altogether, such as covering holes or allowing work to be done on ground level
rather than on an elevated surface.
2. Hazard Communication
Chemical exposure can lead to a variety of illnesses and injuries, ranging from
burns and rashes to nervous system damage, organ damage and cancer.
However, having an effective hazard communication (HAZCOM) plan in your
workplace and training your workers over the plan can help keep them safe
and healthy.

Because hazardous materials can be found in a wide range of facilities,

introducing all employees to OSHA’s HAZCOM standard and the methods for
learning about chemical hazards is crucial, no matter your industry or your
specific worksite.

3. Scaffolding
Scaffolding is a very versatile and useful tool for
construction or during the repair and maintenance
of buildings. It can be assembled and disassembled
easily and can be built very tall or wide, depending
on the specific need. But as with any tool, using
scaffolding requires care and knowledge.

All employees need to understand the potential hazards of working on a

scaffold, including falls, electrocution and scaffold collapse, along with hazard
control methods such as adding guardrails or utilizing personal fall arrest
systems.

4. Lockout/Tagout
The control of hazardous energy, often referred to as lockout/tagout or LOTO, is
crucial in any workplace that operates machinery. During machine
maintenance or repair, lockout/tagout serves to block incoming energy, and
discharge stored energy, making it physically impossible for the equipment to
run or move.

Anyone who works on a machine without de-energizing, locking and tagging it

first could be seriously hurt or even killed if someone restarts the machine while
work is still being done. It is vitally important that all employees are trained on
lockout/tagout procedures in their work areas, because their lives or limbs
could depend on them.
5. Respiratory Protection
Perhaps unsurprisingly, this top citation comes from one of the most in-depth
OSHA standards. When safe ventilation is not utilized on a worksite or
appropriate PPE is not offered, employers run the risk of receiving a costly fine
and putting their employees in serious danger.

All respiratory equipment must be fit-tested for each employee and any
potential user needs to undergo full, proper training on the mask or breathing
apparatus. All employees need to be trained on donning, doffing, cleaning and
maintenance, because a dirty or outdated respiratory device could have deadly
results.

6. Ladders
There were more than 20,000 serious
occupational injuries resulting from
ladder use in 2018. While this number
does not seem exceptionally high,
ladders are commonly found on a wide
variety of job sites and just a little bit of
training could go a long way.

Best practices when the use of a ladder

is required include selecting the right
ladder for the job, placing and securing
ladders in safe positions, and
maintaining at least three points of
contact with the ladder at all times during use. Make sure every employee
knows how to correctly use, and supervise the use of, a ladder at any time.

7. Powered Industrial Trucks

Much like many of these items, powered industrial truck violations have been
on OSHA’s top 10 list for more than a decade. Anyone who will be driving a
powered vehicle must be trained to OSHA standards, which includes not only
the actual operation of the vehicle but also safely securing the truck’s load.

Moreover, all employees should understand the potential risks of being near a
powered industrial truck as a pedestrian. If you are a pedestrian in your
workplace, remain aware of your surroundings, communicate with vehicle
operators and follow workplace safety policies at all times.
8. Fall Protection – Training Requirements
While the top item on this list requires that employers have the appropriate
PPE or other safety protocols in place to help prevent dangerous falls, this
eighth-most common citation applies specifically to training.

As with any form of PPE, the equipment is essentially useless if all workers are
not trained on proper use and maintenance. Employers should maintain up-to-
date training records on fall requirements, including the dates of training, and
keep these records easily accessible to present during an OSHA inspection.
Training records could save your company thousands of dollars.

9. Machine Guarding
While lockout/tagout protects workers
when equipment is powered down,
guards offer protection when a
machine is in use. The dangers of
operating and maintaining machinery
include abrasions, lacerations,
amputations and even death.

Are you ready to make

the switch to online
safety training?
With over 700 competency-based courses
available, SafetySkills has the specific content
you need to keep your employees safe and
compliant, while saving you time with easy-to-
use assign, train and track technology. 

FIND OUT MORE!

 Understandably, OSHA expects workplaces to have a physical guard in place,
whether permanent or needing attachment during use, to keep workers from
direct contact with moving parts and to protect workers from flying materials,
such as sparks or metal shards, created by machines.

10. Eye and Face Protection

The Centers for Disease Control (CDC) estimates that roughly 2,000
occupational eye-related injuries occur each day, the majority of which are a
result of the employee wearing the incorrect, or no, eye protection. The correct
glasses, goggles or face shields can protect workers from projectiles, chemicals,
radiation and bloodborne pathogens.

All employees need to be trained on the dangers specific to their workplace,

ways to avoid those dangers if possible, and the proper eye protection needed
for any situation. OSHA outlines the criteria for eye and face PPE, and even lists
the appropriate shielding needed for welding or laser protection.

PENALTIES FOR OSHA VIOLATIONS

While all employers under the purview of OSHA can certainly expect to receive
periodic safety inspections, employee safety complaints can also trigger an
inspection. Depending on the type of violation found and the severity of the
danger, or potential danger, the OSHA inspector may decide to issue an official
citation.

There are six main categories of OSHA violations, five of which result in civil
penalties. By law, penalty amounts for violations increase each year, based on
inflation. The specific fines noted below come from the penalty amounts
published by OSHA on January 10, 2020.

De Minimis Violations
The least serious of OSHA violations, this category denotes technical violations
that have no direct impact on health or safety. OSHA does not issue fines for de
minimis infractions but employers will receive a verbal notification from the
OSHA inspector.

Other-than-Serious Violations
A violation related to health or safety that would not result in serious injury or
death, such as not posting required safety documentation in a work area, is
considered “other-than-serious.” The maximum penalty is $13,494 per violation,
but inspectors can choose to reduce the fine by as much as 95% or drop the
fine altogether, based on things such as the cooperation of the employer.
 Serious Violations
Just as it sounds, a serious OSHA violation could cause an accident or illness
that would most likely result in death or serious physical harm, unless the
employer did not or could not have known of the situation. Fines anywhere
from $964 up to $13,494 per violation are possible.

Willful Violations
This most serious category is reserved
for situations when an employer shows
complete disregard for employee
safety. Fines can range from $9,639 to
$134,937 per violation, but if the
violation results in an employee death,
it becomes a criminal offense and
could result in jail time.

Repeated Violation
If OSHA issues a citation or fine and a subsequent inspection reveals an
identical or very similar violation, a fine from $9,639 up to $134,937 per violation
may be issued. However, if the employer contested the original violation and is
awaiting a decision from OSHA, inspectors cannot issue a fine for a repeated
violation.

Failure to Abate Prior Violation

Each citation includes a date by which the issue must be resolved. For
employers who do not do so by the specified date, a fine of up to $13,494 per
day beyond the abatement date may be assessed.

In addition to the fines that come with OSHA violations, employers must keep in
mind the non-monetary effects of noncompliance. When a company fails to
uphold health and safety standards, their customers, partners and even the public
are given reason to see them in a negative light. Reputational damage can result
in a loss of sales, layoffs, bankruptcy or worse.

HAZARD CONTROLS: MORE THAN JUST PPE

The same legislative act that led to the creation of OSHA was also responsible for
creating the National Institute for Occupational Safety and Health (NIOSH) to
provide occupational health and safety information and training.

One of their initiatives is Prevention through Design, which aims to “prevent or

reduce occupational injuries, illnesses, and fatalities through the inclusion of
 prevention considerations in all designs
that impact workers.”

Part of Prevention through Design is the

hierarchy of hazard controls, which is
promoted by numerous safety
organizations. Here is a breakdown of the
hierarchy of hazard controls, from most
effective to least effective:

Elimination consists of physically removing the hazard. For instance, if

employees are working high above the ground, move the piece they are
working on to ground level.
Substitution replaces something that produces a hazard with something that
does not. A common example is the use of titanium dioxide instead of lead-
based paint.
Engineering controls isolate people from hazards but do not eliminate the
hazards themselves, such as adding guard rails rather than invest in fall arrest
systems.
Administrative controls change how people work in order to limit exposure to
hazards. This ranges from installing warning signs to implementing
procedural changes.
Personal protective equipment reduces exposure to hazards when
engineering and administrative controls are not feasible or effective. PPE is
needed whenever there are hazards present.

Though PPE is typically the first thing that comes to mind when considering
different controls, it is actually the least effective means of controlling hazards.
However, it is often much easier to implement PPE and various types can be easily
utilized in a number of workplace scenarios.

TRAINING TO AVOID OSHA PENALTIES

With the potential for substantial monetary fines on top of employee safety risks,
it is easy to see why it is important for every employer to be aware of these items
that are most commonly cited by OSHA. The next step is understanding how to
best get all employees up to speed on safety measures.

Taking online safety training is convenient as each of your employees can receive
training on a wide range of topics, from the uses of various PPE to understanding
specific OSHA regulations and even learning proper incident reporting
procedures.
Another benefit to taking training online is how easy it is to repeat training as
often as is needed — or as often as you’d like. Some OSHA regulations require
training to be conducted at least annually, but because you never know when an
OSHA inspection could occur, it is never a bad idea to brush up on safety training
even when not required.

While we don’t know what the top OSHA citations will be in the future, employers
can use this top 10 list to understand what OSHA inspectors look for and how they
can make their work environments safer. Contact SafetySkills today to see how
we can help you take your training further.

Looking for competency-based,

compliant and engaging online
safety training content?

Discover SafetySkills!

SCHEDULE YOUR FREE DEMO!