The Occupational Safety and Health Administration (OSHA) recently unveiled its top 10 most frequently cited violations. The agency reports the leading causes of workplace injuries during its fiscal year (October through the following September).
The 2017 top 10 list of most frequently cited standards did not change significantly from 2016, with fall protection violations remaining at the top of the list. In fact, the top five most cited violations remained the same.
- Fall Protection (29 CFR 1926.501): 6,072 citations
Falls from ladders and roofs still account for the majority of injuries at work. Identifying fall hazards and deciding how to best protect workers is the first step in eliminating or reducing fall hazards. This includes, but is not limited to, guardrail systems, safety net systems and personal fall protection systems in conjunction with safe work practices and training.
- Hazard Communication (29 CFR 1910.1200): 4,176 citations
In order to ensure chemical safety in the workplace, information must be available about the identities and hazards of all chemicals in use. OSHA standard 1910.1200 governs hazard communication to workers about chemicals that are both produced or imported into the workplace. Both the failure to develop and maintain a proper written training program for employees, as well as the failure to provide a Safety Data Sheet for every hazardous chemical, top the citation list.
- Scaffolding (29 CFR 1926.451): 3,288 citations
According to the Bureau of Labor Statistics, the vast majority of scaffold accidents can be attributed to the planking or support of the scaffold giving way, or to employees slipping or being struck by falling objects. The dangers associated with scaffold use can be controlled if employers strictly enforce OSHA standards.
- Respiratory Protection (29 CFR 1910.134): 3,097 citations
Standard 1910.134 provides employers with guidance in establishing and maintaining a respiratory inspection program for program administration, worksite-specific procedures and respirator use. Respirators protect workers from oxygen-deficient environments, harmful dusts, fogs, smokes, mists, gases, vapors and sprays. These hazards could cause cancer, lung impairment, and other diseases or death.
- Lockout/Tagout (29 CFR 1910.147): 2,877 citations
Lockout/tagout (LOTO) refers to specific practices and procedures that safeguard employees from the unexpected startup of machinery and equipment, or the release of hazardous energy during service and maintenance activities. Workers who service mechanical and electrical equipment face the greatest risk of injury if LOTO is not properly implemented. Workers injured on the job from exposure to hazardous energy lose an average of 24 workdays for recuperation.
- Ladders (29 CFR 1926.1053): 2,241 citations
These types of violations typically occur when ladders are used for purposes other than those designated by the manufacturer, such as when the top step of a stepladder is used as a step, when ladders are not used on stable and level surfaces, or when defective ladders are not withdrawn from service. Most employee injuries can be attributed to inadequate training and a disregard for safe operating procedures.
- Powered Industrial Trucks (29 CFR 1910.178): 2,162 citations
Each year, tens of thousands of injuries related to powered industrial trucks (particularly forklifts) occur. Many employees are injured when lift trucks are driven off of loading docks or when they fall between docks and unsecured trailers. Other common injuries involve employees being struck by lift trucks or falling from elevated pallets and tines. Most incidents also involve property damage, including damage to overhead sprinklers, racking, pipes, walls and machinery.
- Machine Guarding (29 CFR 1910.212): 1,933 citations
When left exposed, moving machine parts have the potential to cause serious workplace injuries, such as amputations, burns, blindness, and crushed fingers or hands. The risk of employee injury is substantially reduced by installing and maintaining the proper machine guarding.
- Fall Protection Training Requirements (29 CFR 1926.503): 1,523 citations
Because falls represent such a serious risk, employers must train employees to identify potential fall hazards and follow procedures in order to minimize the chance of a fall. According to OSHA, employees should be trained to use fall protection methods, such as guardrails, safety nets and personal fall arrest systems, and employers should verify that employees have been trained by preparing written certification records.
- Electrical—Wiring Methods (29 CFR 1910.305): 1,405 citations
Electricity has long been recognized as a serious workplace hazard. OSHA’s electrical standards are designed to protect employees exposed to dangers, such as electric shock, electrocution, fires and explosions. Electrical wiring violations that top the electrical citation list include the failure to install and use electrical equipment according to the manufacturer’s instructions, failure to guard electrical equipment, failure to identify disconnecting means or circuits, and not keeping workspaces clear.
On Jan. 2, 2018, the Department of Labor (DOL) issued a final rule that increases the civil penalty amounts that may be imposed on employers under various federal laws. The final rule increases the civil penalty amounts associated with:
- Failing to file an annual Form 5500 under the Employee Retirement Income Security Act (ERISA);
- Repeated or willful violations of minimum wage or overtime requirements under the Fair Labor Standards Act (FLSA);
- Willful violations of the poster requirement under the Family and Medical Leave Act (FMLA); and
- Violations of the poster requirement under the Occupational Safety and Health Act (OSH Act).
The increased amounts apply to civil penalties that are assessed after Jan. 2, 2018.
Employers should become familiar with the new penalty amounts and review their pay practices, benefit plan administration and safety protocols to ensure compliance with federal requirements.
The 2015 Inflation Adjustment Act (Act) includes provisions to strengthen civil monetary penalties under various federal laws in order to maintain their deterrent effect. The Act required federal agencies, including the DOL, to adjust the civil monetary penalties with an initial “catch-up” adjustment. The DOL made this initial adjustment in July 2016. Federal agencies are also required to make subsequent annual adjustments for inflation, no later than Jan. 15 of each year.
The DOL’s final rule implements the 2018 annual adjustments for civil penalties assessed or enforced by the DOL, including penalties under the FLSA, FMLA, OSH Act and ERISA. The increased penalty amounts became effective on Jan. 2, 2018, and may apply for any violations occurring after Nov. 2, 2015.
The updated maximum penalty amounts are shown in the table below.
|Wage and Hour
|Repeated or willful violations of minimum wage or overtime requirements (FLSA)
||Up to $1,925 for each violation
||Up to $1,964 for each violation
|Violations of child labor laws
||Up to $12,278 for each employee subject to the violation
||Up to $12,529 for each employee subject to the violation
|Violations of child labor laws that cause death or serious injury to an employee under age 18
||Up to $55,808 for each violation (doubled to $111,616 if the violation is repeated or willful)
||Up to $56,947 for each violation (doubled to $113,894 if the violation is repeated or willful)
|Willful failure to post FMLA general notice
||Up to $166 for each separate offense
||Up to $169 for each separate offense
|Violations of the Employee Polygraph Protection Act (EPPA)
||Up to $20,111 for each violation
||Up to $20,521 for each violation
|Failure to file an annual report (Form 5500) with the DOL (unless a filing exemption applies)
||Up to $2,097 per day
||Up to $2,140 per day
|Failure of a multiple employer welfare arrangement (MEWA) to file an annual report (Form M-1) with the DOL
||Up to $1,527 per day
||Up to $1,558 per day
|Failure to furnish plan-related information requested by the DOL
*Under ERISA, administrators of employee benefit plans must furnish to the DOL, upon request, any documents relating to the employee benefit plan.
|Up to $149 per day, but not to exceed $1,496 per request
||Up to $152 per day, but not to exceed $1,527 per request
|Failing to provide the annual notice regarding CHIP coverage opportunities
*This notice applies to employers with group health plans that cover residents of states that provide a premium assistance subsidy under a Medicaid or CHIP program.
|Up to $112 per day for each failure (each employee is a separate violation)
||Up to $114 per day for each failure (each employee is a separate violation)
|For 401(k) plans, failure to provide blackout notice or notice of right to divest employer securities
||Up to $133 per day
||Up to $136 per day
|Failure to provide Summary of Benefits and Coverage (SBC)
||Up to $1,105 per failure
||Up to $1,128 per failure
|Employee Safety – OSH Act
|Violation of posting requirement
||Up to $12,675 for each violation
||Up to $12,934 for each violation
||Up to $12,675 per violation
||Up to $12,934 for each violation
||Up to $12,675 for each violation
||Up to $12,934 for each violation
||Between $9,054 and $126,749 per violation
||Between $9,239 and $129,336 per violation
||Up to $12,675 per day until the violation is corrected
||Up to $12,934 per day until the violation is corrected
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Improve Your Password
- Change your password every 30-45 days.
- Choose a password between 8-16 characters.
- Use at least two special characters (!@#$%^&*) randomly within your password
- Avoid using family or pet names, dates or common phrases within your password.
- Never reuse or repeat a password across accounts.
Stay Away from COMMON Passwords
Protect yourself (and your company) by making sure you’re not using one of the top 25 most commonly stolen passwords of 2017, as determined by IT security firm SplashData.