Four action steps to avoid OSHA's top ten violations

While the order may change, OSHA's top ten most frequently cited standards remain relatively unchanged year after year. They provide important insight into OSHA's focus on certain hazards, as well as guidance on how to reduce risk and maintain compliance. Here is the list of the Top 10 Most Frequently Cited Standards and the number of violations for each standard in FY 2021, October 1, 2020 through September 30, 2021.

1. Fall Protection (construction) - General Requirements (1926.501) -5,271 violations

   For the 11th consecutive year, Fall Protection - General requirements topped the list. Over 70% of the violations were cited under Section 1926.501(b) (13), which addresses residential construction activities 6 feet or more above lower levels. Common violations included failing to provide fall protection for roofing work on both low-slope and steep roofs and unprotected edges without fall protection. It's critical to assess all walking/working surfaces before beginning to work and ensure that the proper safety systems are in place.

2. Respiratory protection (29 CFR 1910.134) - 2,521 violations

   Given the ongoing pandemic, it's not surprising respiratory protection moved up on the list and is the top general industry standard cited. Many of the violations related to COVID-19 and included failure to complete medical evaluations and failure to conduct fit testing before use of respirators. Two other common violations were failure to have a written respiratory program or properly train employees on the appropriate use of respirators.

3. Ladders (construction) (1926.1053) - 2,018 violations

   Jumping up two spots from number five in FY2020, ladders are a common violation in the roofing, siding, framing, residential construction, and remodeling trades. Over 50% of the violations related to 1926.10539(b)(1), which reads: "When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support."

   Other frequently cited violations include ladders being used for unintended purposes, employees using the top rung, ladders on unstable or uneven ground, and employees ascending ladders while carrying objects or large loads. Proper training of employees on all aspects of ladder safety is key to avoiding citations.

4. Scaffolding (construction) - General Requirements (1926.451) -1,943 violations

   While no one section of the standard dominated the violations, the most frequently cited was 1926.451(g)(1), which requires that all workers working on scaffolding 10 feet or higher must be protected from falling or falling objects. Other common violations were not securing scaffolds from tipping, and platforms not fully planked or decked. These issues were most found with masonry contractors, framing contractors, and roofing contractors. OSHA's Fact Sheet on the types of fall protection required is a helpful resource.

5. Hazard Communication (1910.1200) - 1,939 violations

   Considered low-hanging fruit for inspectors, hazard communication relates to chemical hazards and how they are communicated in the workplace. Lack of a written program, inadequate training, and failure to properly develop or maintain safety data sheets (SDSs) are common citations.

6. Control of Hazardous Energy (Lockout/Tagout )(1910.147) - 1,670 violations

   Employers cited under this standard failed to establish an energy control procedure, did not train employees in proper lockout/tagout procedures, and failed to conduct periodic evaluations of procedures. Industries in which OSHA reported the most violations were manufacturing plants that produced fabricated products, plastic products, and food.

7. Fall Protection (construction) - Training Requirements (1926.503) - 1,660 violations

   Almost 70 percent of the violations under this standard related to failure to provide a training program for each employee who might be exposed to fall hazards. Competent persons were not completing the training, workers were not being retrained when necessary, and companies were not meeting the requirements of preparing a written certification record. Roofing contractors, framing contractors, single-family housing contractors, and residential remodelers received the most citations.

8. Personal protective and lifesaving equipment (construction) - eye and face protection (29 CFR 1926.102) - 1,451

   Almost all violations under this standard related to1926.102 (a)(1), which reads:

   "The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation." OSHA investigations found jobsites were not enforcing eye and face protection properly, workers were not wearing safety glasses that offered side protection, and there was improper use of prescription lenses and practices. If employees wear prescription lenses, employers are required to protect their workers with Z87 rated protective glasses or some form of polycarbonate lenses, which are specifically tailored to the employee's vision.

9. Powered Industrial Trucks (1910.178) - 1,404 violations

   While forklift violations dominated this standard, the citations were spread over different sections. Failure to ensure safe operation topped the list, followed by refresher training and evaluation, proper certification of training, and failure to examine equipment before placing in service.

10. Machine Guarding (1910.212) - 1,105 violations

    Over 60% of the citations under this standard related to section 1910.212 (a)(1), types of guarding. Having the right machine guards in place is important to protect workers from hazards such as sparks, flying objects, and more. Guards are required at points of operation, pinch points, and other areas where there are rotating parts, flying chips, and sparks. Employers should keep operator and owner manuals on hand for employee reference and training.

Four action steps for employers:

1. Understand the Top 10

   The Biden Administration has ramped up enforcement with increases to OSHA's budget and staff, increased resources for whistleblower protections, and "regulation by shaming" press releases. Review the National Safety Council's (NSC) report on OSHA's top 10. This includes the top sections cited under each standard, the top ten serious and willful violations, list of companies facing the highest proposed monetary penalties, and a Q & A with Patrick Kapust, deputy director of OSHA's Directorate of Enforcement Programs, who released the list.

2. Drill down to your industry

   Employers can drill down even further and look at the most frequently cited Federal or State OSHA standards by industry for a specified 6-digit North American Industry Classification System (NAICS) code. If your facility is inspected, there's a very good chance it will include these issues. Employers can also search and view the industry profile for violations of any specific OSHA standard.

3. Be strategic

   A common approach is to conduct walk-throughs, which is helpful to identify new or previously missed hazards and failures in hazard controls. But it's not strategic. OSHA states, "an effective occupational safety and health program will include the following four main elements: management commitment and employee involvement, worksite analysis, hazard prevention and control, and safety and health training." Having a risk management approach is the best possible defense.

4. Continually reinforce training and commitment to safety

   Learning does not start and stop with training. Safe practices must be practiced and applied to be lasting. While most workers know not to stand on the top rung of a step ladder, it happens because they are in a hurry, careless, or not paying attention. Signage, toolbox talks, digital reminders all help; but most important is effective leadership and employee engagement. When managers enforce the safety rules and stand behind them 100%, workers understand it's important to their health and well-being and are empowered to take ownership of their own and others' safety.