In the previous installment (Part V) of this blog series on OSHA’s Top 10 most cited violations for fiscal year 2020, we looked at the following industries: fabricated metal products manufacturing (NAICS 332), construction of buildings (NAICS 236) and furniture-related products manufacturing (NAICS 337).
Here, we’ll look at the top violations issued by OSHA in FY 2020 in these industries:
- Primary metal manufacturing (NAICS 331)
- Heavy civil engineering and construction (NAICS 237)
- Miscellaneous manufacturing – including medical equipment, jewelry, sporting and athletic goods, toy and doll manufacturing, sign manufacturing, manufacture of musical instruments, fastener manufacturing, and the manufacturing of brooms and caskets (NAICS 239)
As a reminder, OSHA in FY 2020 conducted only 21,680 inspections – one of the lowest totals on record and down from 33,401 in 2019. (Those totals are also down from 70,000-plus inspections per year in the 1980s.) Hence, the number of violations in FY 2020 is less than in FY 2019, but the most cited violations remain consistent.
For the primary metal products manufacturing industry (including foundries), only 1,404 total violations were issued, of which 1,037 were cited as serious. The top violations for the industry are:
| Rank | OSHA standard | No. of violations | Standard description |
|---|---|---|---|
| 1 | 1910.212(a)(1) | 86 | Machine Guarding – General machine guarding |
| 2 | 1910.147(c)(4) | 43 | Lockout/Tagout – Lack of energy control procedures |
| 3 | 1910.147(c)(6) | 33 | Lockout/Tagout – Lack of periodic inspections |
| 4 | 1910.147(c)(7) | 27 | Lockout/Tagout – Lack of training and education for employees |
| 5 | 1910.28(b)(1) | 25 | Walking-Working Surfaces – Lack of guarding on unprotected sides and floors 4 feet or more above the lower surface |
| 6 | Section 5(a)(1) of the OSH Act – the General Duty Clause | 24 | Failure to provide a safe and healthy work environment |
| 7 | 1904.39(a)(2) | 22 | Failure to report the hospitalization of one or more injured employees to OSHA within 24 hours |
| 8 | 1910.1200(e)(1) | 21 | Hazard Communication – Lack of a written program |
| 1910.212(a)(3) | 21 | Machine Guarding – Failure to provide point of operation machine guarding | |
| 10 | 1910.305(b)(1) | 20 | Electrical Wiring Methods and Components – Deficiencies and lack of protection for electrical boxes and fittings |
| 1910.1200(h)(1) | 20 | Hazard Communication – Lack of or efficiencies in employee training |
The top standouts for this group include machine guarding, lockout/tagout and hazard communication. This industry also had a considerable number of violations for OSHA’s expanded health standards, of which employers should be aware. Most of these violations centered around lack of monitoring, overexposures, lack of controls, lack of training, respirators, and lack of medical assessments or evaluations. The most cited of the expanded health standards is related to lead (1910.1025 – brass and bronze foundries). The cited expanded health standards for FY 2020 included:
- Permissible exposure limits (1910.1000)
- Inorganic arsenic (1910.1018)
- Beryllium (1910.1024)
- Hexavalent chromium (1910.1026)
- Cadmium (1910.1027)
- Formaldehyde (1910.1048)
- Crystalline silica (1910.1053)
Additionally, 24 violations were cited under the General Duty Clause – Section 5(a)(1) of the Occupational Safety and Health Act of 1970. These violations were issued for serious safety and health hazards for which no OSHA standard exists. The clause was cited for explosion hazards; employees being pulled into, struck by, or caught in objects or equipment; issues with the safety of the crane hooks used in metal pouring; chemical exposure for which OSHA has no permissible exposure limit or the agency felt that the existing PEL was inadequate; and a potential amputation hazard.
For the heavy civil engineering and construction industry, a total of 2,791 violations were issued, of which 1,891 were cited as serious. The Top 10 standards cited are:
| Rank | OSHA standard | No. of violations | Standard description |
|---|---|---|---|
| 1 | 1926.652(a)(1) | 463 | Lack of protection for employees against cave-ins |
| 2 | 1926.651(c)(2) | 255 | Lack of a means of egress from trenches |
| 3 | 1926.21(b)(2) | 149 | Lack of training for each employee on how to recognize and avoid safety hazards |
| 4 | 1926.651(j)(2) | 139 | Failure to protect employees from material or equipment that could fall into the trench/excavation |
| 5 | 1926.651(k)(1) | 121 | Failure to conduct daily inspections of trenches and excavations by a competent person |
| 6 | 1926.100(a) | 90 | Hard hats – Employees working in areas where there is a possible danger of head injury from impact or falling/flying objects, or from electrical shock and burns, shall be protected by protective helmets |
| 7 | Section 5(a)(1) of the OSH Act – the General Duty Clause | 85 | Failure to provide a safe and healthy work environment |
| 8 | 1926.651(k)(2) | 63 | Failure of a competent person to remove exposed employees from safety hazards |
| 9 | 1904.39(a)(2) | 39 | Failure to report the hospitalization of one or more injured employees to OSHA within 24 hours |
| 1926.651(h)(1) | 39 | Working in excavations with standing water and failure to take adequate precautions |
For the standards cited, the clear standouts are the number of violations related to trenching and excavations. Additionally, 85 violations were cited under the General Duty Clause. The key standouts under the clause were construction-related lockout/tagout, lack of communication during excavations, lack of protection against traffic, and employees being struck by or caught in objects or equipment.
For the miscellaneous manufacturing industry, a total of 876 violations were issued, of which 628 were cited as serious. The top standards cited were:
| Rank | OSHA standard | No. of violations | Standard description |
|---|---|---|---|
| 1 | 1910.1200(e)(1) | 43 | Hazard Communication – Lack of a written program |
| 2 | 1910.1200(h)(1) | 36 | Hazard Communication – Lack of employee training and education |
| 1910.212(a)(1) | 36 | Machine Guarding – General machine guarding | |
| 4 | 1926.453(b)(2) | 23 | Construction – Aerial lift issues with the boom and extension platforms |
| 5 | 1910.134(e)(1) | 22 | Respiratory Protection – Lack of medical evaluations |
| 6 | 1910.147(c)(4) | 20 | Lockout/Tagout – Lack of a written energy control program |
| 7 | 1910.147(c)(7) | 19 | Lockout/Tagout – Lack of employee training and communication |
| 8 | 1910.67(c)(2) | 16 | Walking-working surfaces related – Issues with vehicle-mounted elevated and rotating extensions and articulating booms and platforms |
| 9 | 1910.134(c)(1) | 15 | Respiratory Protection – Lack of a written program |
| 10 | 1910.134(c)(2) | 14 | Respiratory Protection – Voluntary use of respirators |
| 1910.212(a)(3) | 14 | Machine Guarding – Lack of point of operation machine guarding |
The majority of the most cited violations in this industry centered around machine guarding and lockout/tagout.
Part VII of this series will include the top violations in FY 2020 for three other industries – yet to be named.
This article represents the views of the authors and should not be construed as a National Safety Council endorsement.
Richard Fairfax (CIH, retired 2017) joined OSHA in January 1978 and retired from the agency in 2013. At OSHA, he was a practicing field industrial hygienist, as well as the deputy director and director of enforcement programs. In 2008, Richard served as acting director of construction and, in 2010, was designated deputy assistant secretary – overseeing all field, enforcement and training operations. From 1993 through 2010, Richard wrote an industrial hygiene column entitled, “OSHA Compliance Issues” for the Journal of Occupational and Environmental Hygiene. He still serves on the Editorial Review Board. Richard now works part time for NSC-ORC HSE.
