The Occupational Safety & Health Administration (OSHA) has released the “Top Ten List” for Fiscal Year 2021, providing the data for the first full year of reporting violations since the COVID-19 pandemic began. While the pandemic has introduced much uncertainty into our lives, we can still rely on Fall Protection–General Requirements topping this list…now for the 11th consecutive year.
Comparing the lists from previous years reveals some of the effects that the pandemic has had on OSHA inspection and enforcement operations. A Department of Labor, Office of the Inspector General Report revealed that OSHA had received 15% more complaints in 2020, but conducted 50% less inspections than the year before. OSHA also reports that they have received over 70,000 COVID-19 related complaints during the pandemic. This additional workload and reduced inspection capabilities may explain why the overall number of citations issued by OSHA has fallen during 2020 and 2021 compared to previous years.
There has also been a significant change in the ranking for most frequently cited violations. Fall Protection–General Requirements is still far and away the most cited type of OSHA violation with more than twice the number than any other Standard. Respiratory Protection complaints are the only violation type that has increased from pre-pandemic levels and thus climbed the rankings from #5 in 2019 to #2 in 2021. Hazard Communication citations were reduced by nearly one half, falling from #2 in 2019 to #5 in 2021. Scaffolding and Machine Guarding citations also have decreased significantly from pre-pandemic levels.
OSHA has passed an Emergency Temporary Standard (ETS) by creating Subpart U of the General Industry code in 29 CFR 1910 – which includes 1910.501–Vaccination, Testing, and Face Coverings; 1910.502–Healthcare; and 1910.504–Mini Respiratory Protection Program. Portions of the OSHA COVID-19 ETS were passed in June and November of 2021, with enforcement likely to begin this year. OSHA penalties for Serious, Other-Than-Serious, and Posting Requirements were $13,653 per violation; while Willful or Repeat penalties were $136,530 per violation in 2021. The U.S. House of Representatives has passed a bill increasing the penalties to $70,000 and $700,000 respectively, while the Senate had not voted on the measure by the end of 2021.
In this issue of HETI Horizons, we summarize the top ten most frequently cited OSHA violations for FY 2021. OSHA publishes this list to alert employers about these commonly cited standards, so they can take steps to find and fix these and other hazards before there is an OSHA inspection.
Fall Protection−General Requirements [Standard 29 CFR 1926.501]: 5,295 Violations
For more than a decade, fall protection has been OSHA’s most common citation. Fall Protection–General Requirements violations are most often issued to companies in the construction trades – particularly roofing, framing, painting, and masonry. Fall protection is required for work above four feet in general industry and six feet for construction. Employers may be cited for failing to provide an appropriate fall protection system, failing to erect safety nets, missing guard rails, and unprotected leading edges.
Respiratory Protection [Standard 29 CFR 1910.134]: 2,527 Violations
Respiratory Protection violations had been steadily decreasing in recent years until 2020. This may be due in part to the OSHA national emphasis programs for COVID-19 and crystalline silica. The most common citations were issued due to inadequate written programs, lack of medical surveillance, and failure to perform and document fit tests appropriate to each type of respirator.
Ladders [Standard 29 CFR 1926.1053]: 2,026 Violations
The Ladders Standard mostly comprises the rules for design and testing ladders for use on job sites – with no requirement for a written plan. However, the most common violations are issued for basic ladder safety practices – such as using a ladder for a purpose inconsistent with the design, standing on the top rung, and failing to extend the ladder three feet above the landing.
Scaffolding [Standard 29 CFR 1926.451]: 1,948 Violations
Scaffolding is fairly technical and requires a properly trained and experienced “competent person” for erecting, moving, and dismantling the scaffolds. Common reasons for violations include lack of guardrails above ten feet, missing planks, dangerous access, lack of fall-arrest systems when required, missing tie-offs, and failure to perform an inspection before the work shift.
Hazard Communication [Standard 29 CFR 1910.1200]: 1,947 Violations
Hazard Communication (HAZCOM) has been one of the most cited violations for many years. The revised HAZCOM Standard, that was fully implemented on June 1, 2016, increased the burden of complying with the new global harmonization aspects of the Standard. After a brief rise in the number of citations after the revised Standard went into effect, the number of citations has generally trended downward.
Lockout/Tagout (LO/TO) [Standard 29 CFR 1910.147]: 1,698 Violations
Approximately three million workers are subject to the Control of Hazardous Energy (LO/TO) Standard while performing maintenance or servicing equipment/machinery. The LO/TO Standard involves the program, procedures and practices for the control of all types of energy (electrical, mechanical, pneumatic, hydraulic, etc.). Failing to adhere to the Standard may allow equipment or machinery to become energized or start up while workers are in a dangerous position during service or maintenance. Most violations are the result of the absence of a program, inadequate procedures, insufficient training, or failing to perform proper inspections.
Fall Protection–Training Requirements [Standard 29 CFR 1926.503]: 1,666 Violations
Another highly cited violation for fall protection, Fall Protection–Training Requirement citations reached the OSHA “top ten” list several years ago. The Training Requirements Standard is rather brief and includes requirements for employees to be trained by a competent person on the nature of fall hazards, operation of fall protection systems, and the role of employees in fall protection programs. A written certification record must be maintained, and employees should be retrained when site conditions or new equipment require new training or when an employee is deemed to no longer possess the requisite knowledge or skills to safely operate fall protection systems.
Personal Protective & Lifesaving Equipment–Eye & Face Protection [Standard 29 CFR 1926.102]: 1,452 Violations
The Eye and Face Protection Standard requires the employer to ensure employees wear appropriate eye and face protection when hazards exist and provides specifications for the protective wear. This Standard is simple to comply with; but is extremely easy for an OSHA inspector to notice during an inspection.
Powered Industrial Trucks (PITs) [Standard 29 CFR 1910.178]: 1,420 Violations
The most common violations issued for PITs include: failing to provide appropriate training; not conducting inspections prior to service; operating defective equipment that should have been taken out of service; improper use or absence of safety belts; and elevating workers in an unsafe manner. While not included in the Powered Industrial Trucks Standard, the U.S. Department of Labor prohibits employees under the age of 18 to operate PITs outside of agricultural work. OSHA requires that a formal training program be developed and adhered to which includes topics on the operation of the types of equipment in the workplace and for specific hazards and conditions that will be encountered there.
Machine Guarding [Standard 29 CFR 1910.212]: 1,113 Violations
The Machine Guarding Standard is fairly in-depth and technical, covering several OSHA chapters (1910.212 to 1910.219), and is augmented by a variety of voluntary consensus standards. However, the source of most machine guarding violations is from 1910.212 which is brief and contains five main elements. These are: protection is to be provided at the point of operation; guards shall be fixed and not present a hazard of their own; revolving barrels, drums, and containers shall be guarded by an enclosure; the periphery of fan blades below seven feet shall be guarded; and fixed machinery must be anchored in the proper place.
HETI: Experienced Safety Professionals
HETI can assist clients in assessing the workplace for these common safety hazards, as well as OSHA’s COVID-19 Emergency Temporary Standard. We can provide a workplace evaluation for these and other health and safety hazards and recommend appropriate and feasible solutions to control them. If hazard control methods are already in place, HETI can conduct an evaluation to document their effectiveness.