OSHA’s Top 10 Most Cited Violations

In fiscal year 2015, OSHA conducted 35,820 total inspections.  This number includes 123 significant enforcement actions [including eight egregious (instance-by-instance) cases].  In addition, OSHA conducted 19,293 unprogrammed inspections, initiated through employee complaints, injuries/fatalities, and referrals.  OSHA also conducted 16,527 programmed inspections.1

Based on these annual inspections, at the end of the 2015 fiscal year, OSHA published the list of the top 10 most frequently cited violations of OSHA standards to alert employers about commonly cited standards so they can take steps to find and fix recognized hazards.  For fiscal Year 2015, OSHA’s Top 10 most cited violations (October 1, 2014-September 30, 2015)2 are:

2015 List of Most Frequently Cited Standards:3

1.  1926.501 – Fall Protection (C)
2.  1910.1200 – Hazard Communication
3.  1926.451 – Scaffolding (C)
4.  1910.134 – Respiratory Protection
5.  1910.147 – Lockout/Tagout
6.  1910.178 – Powered Industrial Trucks
7.  1926.1053 – Ladders (C)
8.  1910.305 – Electrical, Wiring Methods
9.  1910.212 – Machine Guarding
10. 1910.303 – Electrical, General Requirements

*Data current as of January 5, 2016 (C) = Construction standard

2014 List of Most Frequently Cited Standards:3

1. 1926.501 – Fall Protection in Construction
2. 1910.1200 – Hazard Communication
3. 1926.451 – Scaffolding in Construction
4. 1910.134 – Respiratory Protection
5. 1910.147 – Lockout/Tagout
6. 1910.178 – Powered Industrial Trucks
7. 1910.305 – Electrical – Wiring Methods
8. 1926.1053 – Ladders in Construction
9. 1910.212 – Machine Guarding
10. 1910.303 – Electrical – General Requirements

The 35,820 inspections that OSHA conducted in 2015 resulted in the Agency issuing a total of 65,044 violations 4 which lead to substantial OSHA penalties. The penalties issued in 2015 can be viewed individually by state by searching Enforcement Cases with Initial Penalties Above $40,0005 on the OSHA web site.

In 2016 OSHA was authorized by Congress to adjust their penalty structure and to increase penalties to account for inflation. Although OSHA penalties have not increased in twenty-five years, this adjustment will result in an 80% increase in initial unadjusted penalties for violations of OSHA standards.  The new penalty structure took effect on August 2, 2016. Any citations issued by OSHA on, or after this date will be subject to the new penalties if the related violations occurred after November 2, 2015.6   this increase will prove costly to employers and is expected to result in penalties that will be substantially higher than previous years.

Type of Violation

Current Maximum Penalty

New Maximum Penalty

Serious

Other-Than-Serious  Posting Requirements

$7,000.00 per violation

$12,471.00 per violation

Failure to Abate

$7,000.00 per day beyond the abatement date

$12,471.00 per day beyond the abatement date

Willful or Repeated

$70,000.00 per violation

$124,709.00 per violation

 

References

1. US Department of Labor, “Occupational Safety and Health Administration Enforcement, 2015.”
Accessed August, 2016. https://www.osha.gov/dep/2015_enforcement_summary.html

2. United States Department of Labor, “Top 10 Most Frequently Cited Standards.”
Accessed August, 2016. https://www.osha.gov/Top_Ten_Standards.html?kui=JG9Fxq19a0H98OD9Sz2Rmw

3. OSHA Top 10, “OSHA announces Top 10 most-cited violation for FY 2014.”
Accessed August, 2016. http://www.safetyandhealthmagazine.com/articles/11136-osha-announces-top-10-most-cited-violations-for-2014

4. US Department of Labor, “Occupational Safety and Health Administration Enforcement, 2015.”
Accessed August, 2016. https://www.osha.gov/dep/2015_enforcement_summary.html

5. US Department of Labor, “Enforcement Cases with Initial Penalties above $40,000.”
Accessed August, 2016. http://osha.gov/topcases/bystate.html

6. US Department of Labor, “OSHA Penalties Adjusted as of August 2016.”
Accessed August, 2016. https://www.osha.gov/penalties/

 

For OSHA compliance assistance, please contact:

Chrysoula J. Komis, Ph.D., CIH, CSP, CHMM, CPEA, FAIHA
Senior Scientist and Senior Consultant
C: 856.266.5660