Each year, the Department of Labor’s Occupational Safety and Health Administration (OSHA) publishes a list of the year’s most frequently cited health and safety standards. Led by “Fall Protection,” which perennially tops the list of violations, this year’s Top 10 list shows little change from last year. The 10 most frequently violated standards for fiscal year 2024 all made an appearance on the previous year’s Top 10 list, but the order for some has changed. The maximum penalty for violations in each of these categories is now $16,550 per violation, or $165,514 for willful or repeated violations.
1. Fall Protection
Cited more than twice as often as the second highest category, the Fall Protection standard refers to a group of requirements that OSHA imposes to protect workers from falls. These include determining if walking and working surfaces have the structural integrity to support employees safely; installing guardrails or other safety systems on walking/working surfaces with an unprotected side or edge six feet above a lower level; and using appropriate measures to protect employees from falling into holes or from being struck by falling objects.
2. Hazard Communication
Violations of the Hazard Communication standard are very common, once again appearing at No. 2 on the list. Employers must classify and appropriately label the hazards in all chemicals that employees may be exposed to in the workplace and train workers on safe handling and transport of hazardous materials and first aid measures. This standard provides guidelines for the establishment of a Hazard Communication (HazCom) program as well as preparation and distribution of Safety Data Sheets (SDSs) for employees as well as downstream employers.
3. Ladders
Violations regarding Ladders, which are particularly common in the construction industry, once again come in at No. 3. OSHA’s Ladders standard provides guidance for safe usage of different types of ladders. Requirements include avoiding overloading ladders beyond their recommended capacity, keeping ladders free of slipping hazards such as oil, fixing or removing defected ladders from service, and ensuring workers use ladders properly.
4. Respiratory Protection
Climbing from the 7th spot in last year’s list, Respiratory Protection is an oft-violated standard in certain industries prone to atmospheric substances such as noxious dusts, fumes, vapors, and sprays. Guidelines call for using feasible engineering control measures to prevent atmospheric contamination and ensuring the use of appropriate, properly fitting respirators by each employee when such equipment is needed to protect the employee’s health.
5. Control of Hazardous Energy (Lockout/Tagout)
Up from the No. 6 slot last year, the Lockout/Tagout standard is focused on controlling machinery and equipment to prevent the release of hazardous energy, including electrical, hydraulic, mechanical, chemical, and other types of energy, during service or maintenance. Cited particularly often among employers in the manufacturing industry, this standard covers machines and equipment whose unexpected startup or release of stored energy could cause injury to workers. It sets procedures and employee training requirements for isolating equipment from its power source and disabling it before service or maintenance is performed on it.
6. Powered Industrial Trucks
Cited most often for employers in the manufacturing, transportation and warehousing, and wholesale sectors, this standard contains a host of safety requirements concerning fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks. The safety requirements relate to the safe design, maintenance, and use of these vehicles, including fire prevention. The standard dropped one slot from last year’s list.
7. Fall Protection Training
Construction employers overwhelmingly lead the list of violators of the Fall Protection Training standard, which moved up a notch from last year’s No. 8. This standard mandates that employers provide a training program for each employee who might be exposed to fall hazards. The program must ensure employees recognize falling hazards and are trained in safety procedures.
8. Scaffolding
Falling several notches from No. 4 last year, the Scaffolding standard requires that, in most cases, every scaffold and its components be able to bear its own weight plus at least four times the maximum intended load. Violated most often by construction employers, this standard also includes specifications on erecting and removing scaffolds, installing guardrails or other personal fall-arrest systems, and training employees in safe scaffolding usage.
9. Eye and Face Protection
Appearing at No. 9 once again, the Eye and Face Protection standard mandates that employers make sure workers use appropriate eye or face protection, including masks, goggles, and safety glasses, when exposed to certain hazards, such as flying particles, molten metals, acids, or caustic liquids, which could cause facial or eye injuries or even blindness. The standard requires that eye protection either fit comfortably over workers’ prescription glasses or accommodate workers’ prescriptions.
10. Machine Guarding
Rounding out the Top 10 list once again is Machinery and Machine Guarding. Violated most often by employers in the manufacturing sector, this standard covers the need for machine guarding to protect the operator and other employees from hazards at the point of operation such as flying chips, sparks, and rotating parts. Guarding methods can include barrier guards, two-hand tripping devices, and electronic safety devices.
OSHA’s fiscal year 2024 extends from Oct. 1, 2023, to Sept. 30, 2024, and this list of top violations is based on preliminary data; it may be adjusted slightly when OSHA announces final data in April.
The OSHA lawyers at Pappas Grubbs Price PC assist employers with the complex OSHA compliance process and help clients assert their rights throughout the OSHA inspection process. With offices in Houston, Dallas, Austin and San Antonio, we have successfully represented hundreds of clients across Texas and beyond in OSHA investigations and litigation. To speak to an OSHA attorney near you, contact Pappas Grubbs Price.
