OSHA's Top 10 most frequently cited violations
www.safetyandhealthmagazine.com/articles/11414-osha-top-10-2014-the-more-things-change
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OSHA's Top 10: The more things change ...

OSHA may implement new rules and enforcement changes, but the agency's list of the Top 10 most frequently cited violations stays the same

November 23, 2014

Employers will be facing changes from OSHA.

In the past year or so, the agency has been enforcing new hazard communication and fall protection requirements. OSHA has prioritized temporary worker safety, and employers must soon comply with new injury reporting rules.

But will these actions affect OSHA’s Top 10 most frequently cited violations list?

The 2014 list is nearly the same as it has been in previous years, suggesting the hazards employers dealt with yesterday are the same hazards they will deal with tomorrow.

Brady Worldwide, Inc.
Sponsored by Brady Worldwide, Inc.

Despite a static Top 10, employers can improve safety by using the list as a guide to evaluate their own worksites, according to Patrick Kapust, deputy director of OSHA’s Directorate of Enforcement Programs.

“Employers need to be proactive and focus on prevention,” he said during an interview with Safety+Health

Most-cited violations, fiscal year 2014

*Data current as of Nov. 5, 2014

View the Top 10 infographic.

Top 10 'serious' violations, fiscal year 2014

A “serious” violation is defined by OSHA as “one in which there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.”


Top 10 'willful' violations, fiscal year 2014

A “willful” violation is defined by OSHA as one “committed with an intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act and requirements.”

Brady Worldwide, Inc.

This year's "OSHA's Top 10" feature article is sponsored by Brady Worldwide, Inc.

Next: Penalty box

A list of OSHA's top proposed fines



Penalty Box

The list of OSHA’s proposed monetary penalties in fiscal year 2014 comprises penalties stemming from a single incident or related incidents in which one or more companies allegedly failed to adhere to safe work practices. This failure puts workers at risk – in some cases fatally. The following information was provided by OSHA.

Note: These fines represent proposed penalties issued by federal OSHA between Oct. 1, 2013, and Sept. 30, 2014. Dollar amounts may be reduced as part of a settlement agreement or litigation.

$2.36 million

Company: Olivet Management, LLC
Location: Dover Plains, NY (OSHA Region 2)
Business Type: Real estate development and management
Inspection Trigger: Complaint
Event: OSHA inspectors found that employees and contractors were exposed to asbestos and lead during renovation and cleanup activities overseen by Olivet supervisors. Despite knowing about the existence of both asbestos and lead in the worksite, the company did not inform the employees or contractors of the hazard, provide them with appropriate protection, or monitor exposure levels.
Major Citations: Olivet was cited for 45 willful violations, including 24 addressing instance-by-instance exposure of workers to the hazards. It also was cited for one serious violation regarding failure to inform waste haulers of the presence of asbestos and asbestos-containing materials.

$816,500

Company: Formed Fiber Technologies LLC
Location: Sidney, OH (OSHA Region 5)
Business Type: Automotive fabric manufacturer
Inspection Trigger: Follow-up inspection
Event: Formed Fiber Technologies was accused of providing false documentation regarding the abatement of previously cited hazards related to hydraulic presses. During the follow-up inspection, OSHA found that employees remained exposed to unguarded machines and unsafe procedures despite abatement claims.
Major Citations: Formed Fiber Technologies was cited for four repeat violations for failure to train workers on how to properly stop machines before service and maintenance, as well as nine willful violations for failure to prevent startup on machines while workers were performing setup, service and maintenance inside the devices, and failure to develop lockout/ tagout procedures.

$697,700

Company: Wire Mesh Sales LLC
Location: Jacksonville, FL (OSHA Region 4)
Business Type: Wire mesh manufacturer
Inspection Trigger: Worker death
Event: A worker entered a large wire mesh manufacturing machine to retrieve a metal bar, and was fatally struck by a machine part. Inspectors found a curtain had been disabled that would have automatically turned off the machine before the worker entered.
Major Citations: The company was cited for eight per-instance willful violations for failure to guard and 22 serious violations that included housekeeping and electrical hazards.

$560,000

Company: Custom Rubber Products LLC
Location: Houston (OSHA Region 6)
Business Type: Oil and gas industry product manufacturer
Inspection Trigger: Complaint of a worker injury
Event: OSHA initiated an inspection following an incident in which a machine operator’s arms were crushed. During the inspection, the agency learned of two other similar incidents at the facility – both of which led to severe injuries.
Major Citations: Custom Rubber Products was cited for eight willful violations regarding failure to provide machine guarding.

$497,000

Company: Behr Iron & Steel Inc.
Location: South Beloit, IL (OSHA Region 5)
Business Type: Recycling plant
Inspection Trigger: Worker death
Event: A worker suffered multiple external and internal injuries, and later died, after his arm was caught in a conveyor belt at the scrap metal shredding and sorting facility.
Major Citations: The company was cited for seven willful confined space violations, including failure to implement training and failure to inform employees of the dangers present. One serious violation was issued for failure to evaluate the ability of emergency services to respond to emergencies in a permit-required confined space.

$460,350

Company: Painting & Decorating Inc.
Location: Manhasset, NY (OSHA Region 2)
Business Type: Painting and stucco contractor
Inspection Trigger: Local Emphasis Program on falls
Event: Under the LEP, inspectors found numerous fall and scaffolding hazards, many of which were similar to those identified by OSHA in previous inspections at the employer’s other worksites.
Major Citations: The company was cited for 10 repeat violations for lack of fall protection on a scaffold, an unrestrained scaffold, lack of protective helmets and lack of protection from falling objects, among other hazards. Also identified were five serious hazards for unsound footing, workers climbing on the scaffold’s cross bracing during erection and lack of eye protection.

$449,680

Company: Fontarome Chemical Inc.
Location: St. Francis, WI (OSHA Region 5)
Business Type: Pharmaceutical manufacturing facility
Inspection Trigger: Follow-up inspection
Event: OSHA initiated an inspection after the company failed to correct hazards following a 2012 fire at the facility. Since initiating the inspection, the company – which manufactured a chemical used for pharmaceuticals and the flavor and fragrance industries – has been sold.
Major Citations: Fontarome Chemical was cited with 23 willful violations that involved process safety management regulations, such as failure to establish safe operating procedures and develop safety information for equipment, and failure to develop procedures to protect workers from machines during maintenance. Fifteen serious violations were cited that involved forklift training, storage and availability of fire extinguishers, obstructed exit routes, lockout/ tagout, and training employees on personal protective equipment.

$397,000

Company: Campbell Construction and S&R Contracting
Location: Philadelphia (OSHA Region 3)
Business Type: Demolition contractors
Inspection Trigger: Wall collapse
Event: During the demolition of a four-story building, a wall collapsed on an adjacent Salvation Army store, killing six people and injuring 14. OSHA investigators later found that Campbell Construction had removed critical structural supports from that wall.
Major Citations: Campbell Construction was cited for three willful violations for each day the wall was without sufficient lateral support; two willful violations for failure to demolish the building from the top down and for a lack of an engineering survey; and several serious violations for failure to provide employees with hard hats, fall protection and fall hazard training. S&R Contracting received one willful violation and two serious violations for failure to protect employees from falling through holes and to provide fall hazard training.

$341,550

Company: Pride Plating Inc.
Location: Grove, OK (OSHA Region 6)
Business Type: Coating and metal processing
Inspection Trigger: Not provided
Event: Workers were exposed to hexavalent chromium at the worksite through inhalation, absorption and ingestion.
Major Citations: Pride Plating was cited for nine repeat violations for chromium violations, including failure to provide personal protective equipment and failure to properly train workers; 28 serious violations involving failure to provide adequate walking and working surfaces, lack of separate lock space and storage for street and protective clothing, failure to perform PPE hazard assessments, failure to implement respiratory program and fit testing, and inadequate washing facilities.

$305,100

Company: Sterling Shipyard LP
Location: Port Neches, TX (OSHA Region 6)
Business Type: Barge builder
Inspection Trigger: Follow-up inspection
Event: OSHA originally cited the employer in 2013 for various hazards, but the agency received no response to the citations. A followup inspection found that the employer had not corrected the previously cited hazards.
Major Citations: The company was cited for three failure-to-abate violations regarding machine, struck-by and fall hazards; four repeat violations for electrical hazards and lack of guardrails; and nine serious violations for failure to train workers on forklift operations, provide hearing protection and perform regular crane inspections.


Brady Worldwide, Inc.

This year's "OSHA's Top 10" feature article is sponsored by Brady Worldwide, Inc.

Next: Q&A: OSHA's perspective

Safety+Health interviews Patrick Kapust,
deputy director of OSHA's Directorate
of Enforcement Programs



Q&A with OSHA's Patrick Kapust

As deputy director of OSHA’s Directorate of Enforcement Programs, Patrick Kapust (below, right) leads a staff supporting OSHA’s mission of standards enforcement. Kapust joined the agency in 1991 as a compliance safety and health officer. He recently spoke with Senior Associate Editor Kyle W. Morrison (below, left) about last year’s federal government shutdown and OSHA’s latest rule changes.

Safety+Health: At the beginning of fiscal year 2014, the government shut down. What effect did that have on OSHA enforcement and the mitigation of hazards?

Patrick Kapust: During the government shutdown, OSHA’s enforcement activity was limited and fewer inspections were conducted than during normal operations. OSHA was only authorized to conduct inspections in response to workplace fatalities and catastrophes, imminent danger situations, and safety and health complaints when employees were potentially exposed to hazardous conditions that presented a high risk of death or serious physical harm. In the 16-day period of the shutdown from Oct. 1 to 16, 2013, OSHA conducted approximately 300 inspections. During October of the previous year, OSHA conducted about 1,700 inspections.

S+H: Some of the top sections cited in this year’s Top 10 stem from a lack of training. How important is training, and why do you believe some employers are neglecting it?

Kapust: Providing adequate worker training on job hazards is a very important element in preventing injuries and illnesses. In fact, training and education is a key component of any effective health and safety management system. Many OSHA standards contain training requirements. For example, employers must train workers to know when and how a machine is to be locked and tagged out when servicing or working on the machine to prevent serious injuries and deaths. Under [the] Hazard Communication [Standard], employers must train workers on the hazards of the chemicals they work with and how to protect themselves. Employers must train workers on how to use required protective equipment – such as respirators – so they are used correctly and protect the workers. Employers must also ensure that training on hazards and how to perform jobs safely is given in a language and vocabulary their employees understand.

Employers have a responsibility to provide a safe workplace, which includes providing all necessary training. When hazards are eliminated – when workers are properly trained on the safety and health hazards on the job – not only do employers prevent injuries and illnesses but they can significantly reduce their costs. Safety pays.

S+H: Hazard Communication – OSHA’s second most-frequently violated standard – was updated in 2012. Some of that rule’s requirements have gone into effect, while others will soon be phased in. What effect has the new rule had on compliance? Are violations the result of confusion or ignorance over the new requirements, or are many of the violations unrelated to the rulemaking change?

Kapust: The first compliance date of the revised Hazard Communication Standard was Dec. 1, 2013. By that time, employers were required to have trained their workers on the new label elements and the Safety Data Sheet format. From Dec. 1, 2013, to Aug. 21, 2014, OSHA conducted a total of 16,697 inspections in which Hazard Communication violations were identified. Some of the violations found are unrelated to the rulemaking change. Of those 16,697 inspections, approximately 1,419 (8.5 percent) included a violation of HazCom training requirements, and 534 (3.2 percent) resulted in a specific violation of the training requirement for labels and SDSs [1910.1200(h)(3)(iv)].

S+H: In 2013, OSHA began enforcing a new directive requiring conventional fall protection in residential construction. Is OSHA seeing fewer fall hazards on residential construction sites as a result?

Kapust: In 2010, OSHA announced a change in its enforcement policy for residential fall standards (STD 03-11-002), and in March 2013 OSHA started fully enforcing the fall protection requirements in the construction regulations. The agency also continues to provide guidance and outreach to this construction sector. From June 2 to 6, 2014, OSHA partnered with businesses, universities and the military to hold a National Safety Stand-Down to prevent falls in the construction industry. This unprecedented event drew participation from not only the U.S. construction industry, but all industries throughout the world. More than 7,000 employers and between 1 million and 1.5 million workers went to the OSHA website and received certificates of participation. Although the enforcement policy has not been fully in effect long enough to determine its impact, OSHA expects to see an improvement in fall protection safety in residential construction in the years to come as our outreach and enforcement efforts continue.

S+H: In another rulemaking change, OSHA in September issued a final rule updating injury reporting requirements. As of Jan. 1, employers must report to OSHA any fatality, hospitalization, amputation or loss of an eye. (Previously, employers only had to report fatalities and hospitalizations of three or more employees.) How will this new data affect OSHA’s enforcement activities, if at all?

Kapust: The new data OSHA will now receive on fatalities and severe work-related injuries and illnesses will enable the agency to identify the workplaces where workers are at the greatest risk and target our compliance assistance and enforcement resources accordingly. This will significantly enhance OSHA’s ability to save lives and prevent further injury and illness. We do not anticipate sending an inspector to respond to every one of the incoming reports. However, we will engage with all the employers whose workers have been injured to help them on hazard abatement.

S+H: Recently, OSHA has focused on the safety of temporary workers. During inspections, compliance officers have been tasked with learning if temps are employed at that location and what training they have received. What has been the result of this focus?

Kapust: OSHA continues to review the data associated with inspections where temporary workers are exposed to hazards, including absent or insufficient training. Since September 2013, OSHA’s compliance officers most frequently cited training violations with regard to hazard communication, powered industrial trucks, exposure to noise, personal protective equipment and lockout/tagout.

S+H: Does the Top 10 cover any of the standards to which temporary workers are exposed?

Kapust: The overall Top 10 most-cited standards mirrors closely with the data we have reviewed with regard to temporary workers.

S+H: It’s no secret the Top 10 list doesn’t change very much from year to year. That being said, what takeaway should employers have regarding this data?

Kapust: The Top 10 list indicates hazards that are common in many different industries, and employers should use the list as a guide for evaluating their own worksites. Employers should ensure that existing safety programs address the standards in the Top 10. To further ensure that they are able to find and fix potential hazards before they result in an injury, illness or fatality, employers should also establish a culture of safety in which workers know they can report dangerous workplace conditions without fear of retaliation.

S+H: Do you have any advice for employers who wish to avoid violating one of the Top 10 standards?

Kapust: Employers need to be proactive and focus on prevention. Employers are encouraged to adopt a positive safety culture and to develop and implement a safety and health management system that will prevent or reduce workplace injuries and illnesses to the extent feasible. A safety and health management system that includes management leadership, worker participation, hazard identification, hazard prevention and control, education and training, and program evaluation and improvement can assist employers in identifying and correcting workplace hazards before workers lose their life, get hurt or become ill.

Brady Worldwide, Inc.

This year's "OSHA's Top 10" feature article is sponsored by Brady Worldwide, Inc.

Next: Infographic

The OSHA's Top 10 report summarized in one image



Infographic: The OSHA's Top 10 report summarized in one image

Read the article

Brady Worldwide, Inc.

This year's "OSHA's Top 10" feature article is sponsored by Brady Worldwide, Inc.

Next: Citation Solutions

Safety+Health advertisers offer solutions
to help avoid violations



Citation Solutions

The following Safety+Health advertisers offer solutions to help you avoid OSHA's top 10 most cited violations.


Fall protection

3M

Brady Worldwide, Inc.

Fall Protection Systems

Fastenal

Health & Safety Institute

Honeywell Safety Products

J. J. Keller & Associates Inc.

Magid Glove

MSA, The Safety Company

Rigid Lifelines

Werner Co.

 

Hazard communication

Brady Worldwide, Inc.

EtQ, Inc.

Health & Safety Institute

J. J. Keller & Associates Inc.

 

Scaffolding

Brady Worldwide, Inc.

Health & Safety Institute

J. J. Keller & Associates Inc.

Werner Co.

 

Respiratory protection

3M

Dräger

Fastenal

Health & Safety Institute

Honeywell Safety Products

J. J. Keller & Associates Inc.

Magid Glove

Miller Electric Manufacturing Co.

MSA, The Safety Company

Protective Industrial Products

Scott Safety

 

Powered industrial trucks

Health & Safety Institute

J. J. Keller & Associates Inc.

 

Lockout/tagout

3M

Brady Worldwide, Inc.

Fastenal

Health & Safety Institute

Honeywell Safety Products

J. J. Keller & Associates Inc.

Magid Glove

Master Lock

Werner Co.

 

Ladders

Fastenal

Health & Safety Institute

J. J. Keller & Associates Inc.

Werner Co.

 

Electrical – wiring methods

Brady Worldwide, Inc.

Salisbury by Honeywell

 

Machine guarding

Brady Worldwide, Inc.

Health & Safety Institute

J. J. Keller & Associates Inc.

Master Lock

 

Electrical – general requirements

Brady Worldwide, Inc.

Health & Safety Institute

J. J. Keller & Associates Inc.

Protective Industrial Products

Salisbury by Honeywell

Tingley Rubber Corp.

 

Brady Worldwide, Inc.

This year's "OSHA's Top 10" feature article is sponsored by Brady Worldwide, Inc.

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