In the previous installment (Part VI) of this blog series on OSHA’s Top 10 most cited violations for fiscal year 2020, we looked at primary metal fabrication (NAICS 331), heavy civil engineering and construction (NAICS 237), and 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).
Here, we’ll look at the top violations issued by OSHA in FY 2020 in these industries:
- Plastics and rubber products manufacturing (NAICS 326)
- Personal and laundry services (NAICS 812)
- U.S. Postal Service (NAICS 491)
- Chemical manufacturing (NAICS 325)
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 FY 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 fewer than in FY 2019, but the most cited violations remain consistent.
For the plastics and rubber products manufacturing industry, 1,719 violations were issued, of which 1,173 were cited as serious. The top standards cited are:
| Rank | OSHA standard | No. of violations | Standard description |
|---|---|---|---|
| 1 | 1910.212(a)(1) | 160 | Machine Guarding – General machine guarding |
| 2 | 1910.147(c)(4) | 123 | Lockout/Tagout – Lack of energy control procedures |
| 3 | 1910.147(c)(7) | 85 | Lockout/Tagout – Lack of training and education for employees |
| 4 | 1910.147(c)(6) | 76 | Lockout/Tagout – Lack of periodic inspections |
| 5 | 1910.212(a)(3) | 49 | Machine Guarding – Failure to provide point of operation machine guarding |
| 6 | 1910.147(d) | 44 | Lockout/Tagout – Lack of established procedures for the application of lockout/tagout, including preparation for shutdown, machine or equipment shutdown, machine or equipment isolation, application of the lockout/tagout device, addressing stored energy, and verification of lockout/tagout |
| 7 | 1910.1200(e)(1) | 39 | Hazard Communication – Lack of a written program |
| 1910.1200(h)(1) | 39 | Hazard Communication – Lack of or deficiencies in employee training | |
| 9 | Section 5(a)(1) of the OSH Act | 31 | General Duty Clause |
| 10 | 1910.28(b)(1) | 24 | Walking-Working surfaces – Unprotected sides of floors and walkways 4 feet or more above the lower surface |
| 1910.305(g)(1) | 24 | Electrical – Use of flexible cords and/or cables in place of permanent wiring |
The standouts include machine guarding, lockout/tagout and hazard communication violations. The industry also had a considerable number of violations under OSHA’s General Duty Clause. The agency uses the clause to cite hazards that are likely to cause death or serious injury/illness to employees. Although all of the cited hazards were serious, all are also associated with the control of fatality and serious injury/illness. Examples of the cited hazards include:
- Crushing (11 violations)
- Fire and/or combustible dust (nine)
- Struck-by (nine)
- Heat stress (three)
- Caught in or between (three)
- Ergonomics (one)
- Lack of an exposure control plan for COVID-19 (one)
For the personal and laundry services industry, a total of 374 violations were issued, of which 260 were cited as serious. The top standards cited are:
| Rank | OSHA standard | No. of violations | Standard description |
|---|---|---|---|
| 1 | 1910.1200(e)(1) | 39 | Hazard Communication – Lack of a written program |
| 2 | 1910.1200(h)(1) | 19 | Hazard Communication – Lack of or deficiencies in employee training |
| 3 | 1910.1200(g)(8) | 11 | Hazard Communication – Failure to maintain copies of Safety Data Sheets in the workplace |
| 1904.39(a)(2) | 11 | Failure to report the hospitalization of one or more injured employees to OSHA within 24 hours | |
| 5 | 1910.147(c)(4) | 10 | Lockout/Tagout – Lack of a written energy control program |
| 1910.212(a)(1) | 10 | Machine Guarding – General machine guarding | |
| 7 | 1910.1030(c)(1) | 9 | Bloodborne Pathogens – Lack of a written exposure control plan |
Most of the violations cited were related to the Hazard Communication Standard (1910.1200).
For the U.S. Postal Service, a total of 242 violations were issued, of which 74 were cited as serious. The top three violations included: 1910.22(a)(1) for housekeeping, with 11 violations; 1910.303(g)(1) for not keeping open spaces around electrical equipment, with 10 violations; and 1910.305(g)(1) for using flexible cords as permanent wiring, with nine violations.
For the chemicals manufacturing industry, 1,993 total violations were issued, of which 1,431 were cited as serious. The top standards cited are:
| Rank | OSHA standard | No. of violations | Standard description |
|---|---|---|---|
| 1 | 1910.147(c)(4) | 69 | Lockout/Tagout – Lack of a written energy control program |
| 2 | 1910.134(e)(1) | 58 | Respiratory Protection – Failure to provide medical evaluations for employees required to wear a respirator |
| 1910.212(a)(1) | 58 | Machine Guarding – General machine guarding | |
| 1910.1200(h)(1) | 58 | Hazard Communication – Lack of or deficiencies in employee training | |
| 5 | 1910.1200(e)(1) | 53 | Hazard Communication – Lack of a written program |
| 6 | 1910.119(d)(3) | 43 | Process Safety Management – Process safety information, failure to document information necessary to the process |
| 7 | Section 5(a)(1) of the OSH Act | 40 | General Duty Clause |
| 8 | 1910.119(f)(1) | 38 | Process Safety Management – Failure to develop and implement written operating procedures |
| 9 | 1910.147(c)(7) | 37 | Lockout/Tagout – Lack of training and education for employees |
| 10 | 1910.134(c)(1) | 34 | Respiratory Protection – Lack of a written program |
The most cited violations in this industry centered on hazard communication, respiratory protection, lockout/tagout and process safety management. For PSM, of the total violations cited in the industry, 246 covered all major paragraphs of the standard. Additionally of note, 40 violations were issued under the General Duty Clause. These violations were also tied to fatality and serious injury/illness reduction and included:
- Crushing (11 violations)
- Fire and combustible dust (nine)
- Struck by (nine)
- Heat stress (three)
- Caught in (three)
- Lack of training (two)
- Failure to use a seatbelt or lack of seat belts on forklifts (one)
- Ergonomics (one)
- Lack of an exposure control plan for COVID-19 (one)
Part VIII 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.
