OSHA watch

Fall protection tops violations list for 15th consecutive year

All ten standards cited last year remain on this year's preliminary list (Oct. 1, 2024 to Aug. 12, 2025) although some shifted positions.

1. Fall Protection-1926.501, with 5,914 violations. Roofers led violations, followed by framers and siding contractors.
2. Hazard Communication-1910.1200, with 2,546 violations. Unexpectedly, roofers topped the list and the No. 1 violation was not preparing a written communication program.
3. Ladders-1926.1053, with 2,405 violations. The leading industries: roofing, followed by framers, siding contractors, and residential construction.
4. Control of Hazardous Energy (Lockout/Tagout)-1910.147, with 2,177 violations. The leading industries were plastic products manufacturers and machine shops. Moved up from 5th last year.
5. Respiratory Protection-1910.134, with 1,953 violations. The top violation was failing to provide a medical evaluation for workers who wear respiratory protection. Moved down from 4th last year.
6. Fall Protection-Training Requirements-1926.503, with 1,907 violations. Roofing led violations with failure to provide training topping the list. Moved up one spot from last year.
7. Scaffolding-1926.451, with 1,905 violations. The most frequently cited industries were masonry, roofing, framing, and siding. Moved up from 8th last year.
8. Powered Industrial Trucks-1910.178, with 1,826 violations. Not ensuring workers were trained to operate power industrial trucks topped the list. Dropped two spots from 6th last year.
9. Personal Protective and Lifesaving Equipment-Eye and Face Protection-1926.102, with 1,665 violations. The roofing industry led violations with not providing eye and face protection being prevalent.
10. Machine Guarding-1910.212, with 1,239 violations. Top violation was guarding the machine at the point of operation.

The persistent ranking of the same violations year after year highlights the need for more innovative approaches to training, hazard identification, and leadership accountability.

Status of heat rule

Andrew Levinson, Director of Standards and Guidance Directorate, reported at the NSC Congress that more than 43,000 comments were received on the proposed heat rule. The post-hearing comment period, which is limited to individuals and organizations that submitted their Notice of Intent to Appear at the informal public hearing, was recently extended to October 30.

The rule is not fading away, although changes are expected. It is listed on the current regulatory agenda in the proposed rule stage, indicating there will be a final rule that "adequately protects workers, is feasible for employers, and is based on the best available evidence."

Regulatory agenda released

The first regulatory agenda of President Donald Trump's second administration was officially published Sept. 4. Here are some highlights:

• An update to the lockout/tagout standard is in the proposed rule stage. Mr. Levinson noted the revised rule will likely include computer-based controls for hazardous energy. A notice of proposed rulemaking (NPRM) could appear as early as December.
• Listed in the "final rule stage" is an update to the standard on powered industrial trucks, which may be published as early as November. The other potential regulations listed in the "final rule stage" concern procedures for handling retaliation complaints and administrative subpoenas procedures.
• The 16 proposed rules,which cover substance-specific respirator requirements, the rule to remove the medical evaluation requirements for filtering facepiece respirators and loose-fitting powered air-purifying respirators, and the rule related to construction illumination requirements are in the proposed rulemaking stage, with an NPRM targeted for May 2026.
• Comment analysis and stakeholder feedback is ongoing for the New Emergency Response, which was first proposed last year and met with significant opposition. The analysis is expected to be completed in November.
• Notably, changes to narrow the enforcement criteria for the General Duty Clause, does not appear on the list. Nor does the controversial "walkaround rule," which was finalized last year.
• Workplace violence, process safety management, amendments to the cranes and derricks in construction standard, and occupational exposure to crystalline silica (revisions to medical surveillance provisions for medical removal protection) were moved to "long-term actions."

6th court ruling narrows Congressional Review Act's (CRA) "substantially the same" standard for rule disapproval

A recent 6th Circuit ruling on August 13, in Ohio Telecom Association v. FCC, established a narrower interpretation of the CRA's "substantially the same" standard for rule disapproval, which prohibited the responsible agency from issuing another rule that is "in substantially the same form" without specific congressional authorization. A prominent example is the 2001 Congressional action that killed a Clinton-era regulation on ergonomics. While it is unlikely that by the current administration would propose a new rule, it opens the door to the possibility of issuing a future rule in "substantially the same form" as Congress previously overturned.

MSHA

Top ten list of most frequently cited violations
The Mine Safety & Health Administration (MSHA) reported that "accumulation of combustible materials" standard was cited more than any other during calendar year 2024. For the full list.

Deregulatory proposals on regulatory agenda
MSHA added various proposals to the regulatory agenda, including three new rules that would significantly curtail the authority of District Managers related to plan approval criteria (for roof control and mine ventilation plans) and training and retraining of miners. Testing, Evaluation, and Approval of Equipment for Use in Underground Mines was moved to long-term actions.

Silica rule enforcement delayed again
The final rule on miner exposure to respirable crystalline silica has been delayed to Oct. 17 after the 8th U.S. Circuit Court of Appeals granted a temporary stay of the rule. A status update on the rule's implementation is scheduled for Oct. 10, per the stay order.

NIOSH

Chemical, biological, radiological, and nuclear respiratory protection handbook updated
The handbook update "reflects new and emerging chemical and radiological hazards information identified during a recent hazard assessment conducted by NIOSH, Department of Homeland Security, and Department of Defense."

Warning about counterfeit or "misrepresented" respirators
NIOSH reminds employers to be cautious about misrepresented respirators and refers to a fact sheet that includes tips for identifying approved respirators, filters, and cartridges.

State Plans

Cal/OSHA
Residential fall protection
In response to stakeholders' petitions to either change the requirements or extend the effective date of the recently adopted regulatory changes for fall protection in residential-type construction, the Standards Board rejected the request for emergency standards but established an advisory committee to conduct in-depth analyses of the specific issues.

Bird Flu exposure for dairy and poultry workers
The petitioner, a worker organization, requested an expansion of the standards to better protect workers in the dairy and poultry industries from bird flu. Similar to the construction petition, the Board declined to implement emergency standards but will establish an advisory committee to explore the issues.

MIOSHA
Fall edition of MIOSHA available
The quarterly newsletter includes the Director's message about equipment safety on construction sites, a recent high-hazard industry citation, a case study, Partnerships and Alliances, and more.

New hazard bulletin on construction equipment
Citing several recent fatalities and injuries related to heavy construction equipment, the bulletin lists seven steps to staying safe.

eNews - Grant applications opened Oct. 1 and other news
The current eNews explains the workplace safety and health grants process and has articles on suicide in construction, hearing protection and regulations, workers deaths and more.

In case you missed webinar series on Building Respectful and Inclusive Organizations
The three-part series, featuring Dr. Michelle Kaminski and Dr. Tina Riley from Michigan State University, explored how to recognize, respond to, and prevent workplace mistreatment. They can be viewed on youtube.

Year-to-date fatalities reach 35
As of October 4, 35 fatalities had been reported. For an overview of the type of accident, age and occupation of deceased worker, and a description.

Training calendar

MNOSHA
Safety Lines newsletter online
The October edition of Safety Lines includes harvest season grain hazards, rulemaking updates for hazard communication and PPE, lead rulemaking process, 'Transportation Tank Cleaning' local emphasis program, ergonomic safety grant funds and more.

NCDOL
Occupational Safety and Health Division training calendar updated
In addition to several 10 and 30-Hour awareness courses in construction and general industry, there are long term care workshops, and a variety of safety and health webinars. Even when courses are at capacity, employers are encouraged to sign up on a waitlist. Training calendar

Mine and Quarry training schedule

TOSHA
Newsletter online
The October edition of the Together with TOSHA newsletter is now available. Topics include: the importance of understanding and applying lockout/tagout correctly, protecting workers from hazardous noise levels, supporting employees with chronic conditions, overhead power line safety, and fatality statistics.

Recent fines and awards

Florida

• Elo Restoration, operating as Elo Roofing, was cited for four willful, three repeat, one serious, and two other-than-serious violation and faces penalties of $752,846 for not requiring workers to wear fall protection while working at least six feet above a lower level. A worker at a site in St. Johns was hospitalized after falling through a residential roof while removing skylight fixtures.
• A Port Saint Lucie tree service contractor, Carlton's Tree Service, was cited with a serious violation for exposing workers to crushed-by hazards after an employee died while operating a woodchipper. The employer will pay $16,550 in penalties and take actions to amend the hazard.

Illinois

• Zimmerman Feed & Grain, Inc. of Chatsworth faces $82,258 in an informal settlement for violations related to failure to train employees in lockout/tagout and failure to conduct at least an annual periodic inspection of energy control procedures, and a willful violation for failing to conduct the lockout or tagout procedures, which exposed an employee to amputation hazards.

Massachusetts

• After contesting several citations, J.S.B. Industries, Inc., a commercial bakery in Lawrence, reduced fines from $113,900 to $15,000 in a formal settlement. The remaining fines related to exit routes and protective footwear.

Michigan

• A high hazard industry was cited with one serious willful citation and two serious citations, totaling $46,600, after a worker fell while installing metal roofing without fall protection on a roof of a barn in Marion, Osceola County. A subsequent inspection found workers continued to be exposed to fall hazards of up to 30 feet without fall protection.
• Reworld Waste LLC faces $70,000 in penalties for a willful citation for violation of the walking-working surfaces standard. A 26-year-old sanitation technician sustained life-altering and debilitating brain and spinal damage after falling into an unguarded concrete pit under construction at a waste treatment and disposal facility.

Missouri

• Aci Plastics Inc. of Kansas City faces $11,823 in penalties for wall-mounted eyewash stations which were not in working order and has filed Petitions for Modification of Abatement (PMA) for four other penalties related to written hazard plans, walking-working surfaces, and guarding of powered tools.

Nebraska

• Tyson Fresh Meats, Inc. of Dakota City faces penalties of $27,790 in an informal settlement related to the lockout/tagout violations. While an employee was performing maintenance and servicing on a Newcastle Load Transfer machine, the gantry of the Load Transfer machine unexpectedly activated and descended, fatally injuring the employee.
• Following an inspection prompted by a complaint, Van Kirk Sand & Gravel of Grant faces $140,000 in penalties under an informal settlement related to trench excavation and protections.

New York

• Mavis Tire Supply LLC of Schenectady faces reduced penalties of $49,653 from $82,755 for seven serious violations related to crushing hazards, fall protection, exit routes, clutter, machine guarding, and combustible materials.

Pennsylvania

• Inspected under the NEP on amputations, Hospital Central Services Cooperative, Inc., which provides drycleaning and laundry services, of Kingston faces penalties of $45,822 in an informal settlement. Citations relate to lockout/tagout and fall protection.

Tennessee

• Hankook & Company ES America Corp of Clarksville, a storage battery manufacturer, faces reduced penalties of $105,000 from $211,000 under an informal settlement following an inspection initiated by a complaint. Citations related to lead, machine guarding, and respiratory protection.

Wisconsin

• Create-A-Pack Foods, Inc. of Ixonia was inspected under the NEP for amputations and the LEP for food manufacturing following a referral. An initial penalty of $65,540 was reduced to $30,022 in an informal settlement for violations related to lockout/tagout.

For more information and other enforcement cases with penalties above $40,000, visit https://www.osha.gov/enforcement/toppenalties .