Top Ten OSHA Violations for 2020 and a hint to the Top Ten for 2021.

The Occupational Safety and Health Administration (OSHA) annually publishes the top ten most frequently cited OSHA standards violated in the previous fiscal year.  Unfortunately, the list has not been published yet on the OSHA website.  OSHA unveiled a preliminary list of its top 10 violations during a webinar with the National Safety Council's (NSC) Safety+Health magazine.  In the webinar, OSHA discussed the stats for the fiscal year (FY) 2020 (which runs from October 1, 2019, to September 30, 2020).  Here is the list of most frequently cited OSHA standards:

1. Fall Protection, construction (1926.501)
2. Hazard Communication Standard, general industry (1910.1200)
3. Respiratory Protection (1910.134)
4. Scaffolding, general requirements, construction (1926.451)
5. Ladders, construction (1926.1053)
6. Control of Hazardous Energy (lockout/tagout), general industry (1910.147)
7. Powered Industrial Trucks, general industry (1910.178)
8. Fall Protection - training requirements, construction (1926.503)
9. Eye and Face Protection (1926.102)
10. Machinery & Machine Guarding, general requirements, general industry (1910.212)

Proper Fall Protection and Scaffolding

It is interesting to see that Respiratory Protection moved into third place and Ladders moved into the top 5.  Considering OSHA published a list of the frequently cited standards related to COVID-19 inspections in November 2020, and that list also includes respiratory protection violations.  We may continue to see Respiratory Protection in the top three of most frequently cited violations again next year.  The COVID-19 list includes:

1. Provide a medical evaluation before a worker is fit-tested or uses a respirator.
2. Perform an appropriate fit test for workers using tight-fitting respirators.
3. Assess the workplace to determine if COVID-19 hazards are present, or likely to be present, which will require the use of a respirator and/or other personal protective equipment (PPE). 
4. Establish, implement, and update a written respiratory protection program with required worksite-specific procedures. 
5. Provide an appropriate respirator and/or other PPE to each employee when necessary to protect the health of the employees (ensuring the respirator and/or PPE used is the correct type and size).
6. Train workers to safely use respirators and/or other PPE in the workplace, and retrain workers about changes in the workplace that might make previous training obsolete.
7. Store respirators and other PPE properly in a way to protect them from damage, contamination, and, where applicable, deformation of the facepiece and exhalation valve.
8. For any fatality that occurs within 30 days of a work-related incident, report the fatality to OSHA within eight hours of finding out about it. 
9. Keep required records of work-related fatalities, injuries, and illness.

Quantifit Respirator Fit Testing System (QNFT)

In FY 2020, OSHA conducted 21,674 inspections, including 12,948 (about 60%) unprogrammed inspections, which include employee complaints, injuries/fatalities, and referrals, all of which were impacted by the COVID-19 pandemic.  In FY 2019 OSHA conducted 33,393 inspections which mean OSHA conducted 35% fewer inspections in 2020.  This reduction in inspections has been noted and criticized by the Department of Labor's Office of the Inspector General (OIG)  in its audit of OSHA.  That audit concluded OSHA received 15% more complaints in 2020 compared with the same period in 2019 but performed 50% fewer inspections.  Leading the audit to the conclusion that reduced OSHA inspections leave US workers' safety at increased risk.

     

Scaffolding Violations are number 4 for all industries & number 3 for the remediation industry

The top 10 violations in the Remediation Services Industry (which includes asbestos abatement, lead abatement, crime scene cleanups, oil spill cleanup, mold remediation, and hazardous materials remediation companies) were:

1. Duty to have fall protection (1926.0501)
2. Respiratory Protection (1910.0134)
3. Scaffolding, general requirements (1926.0451)
4. Reporting Fatality, Injury and Illness Information to the Government (1904.0039)
5. Hazard Communication (1910.1200)
6. Ladders (1926.1053)
7. Duty to have fall protection and falling object protection (1910.0028)
8. Fall protection systems criteria and practices (1926.0502)
9. Asbestos (1926.1101)
10. Respirable crystalline silica (1926.1153)

It certainly seems like fall protection has now become part of the focus in the remediation industry with 5 of the top ten involving falls.  Interesting how the respirator violations remain number two in the remediation industry.  When this should be the industry's specialty.

Mold Remediation Industry 

As you can see OSHA is still performing inspections and still issuing citations.  Though under President Biden's Administration, OSHA inspections are likely to increase, along with citations.  Which shouldn't be hard considering the few inspections conducted in FY 2020.  Though fall protection is still number one on OSHA's focus, respiratory protection is starting to creep up the ranks.