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OSHA’s Top 10 Violations for 2018 — and What Non-Compliance Will Cost You

Posted on November 8, 2018

OSHA recently announced the Top 10 most frequently cited violations for fiscal year 2018. The list included the usual suspects (the Top 5 has been the same for the past few years), as well as a newcomer.

Top 10 OSHA Violations for 2018

Rank Title Standard # of Violations More Info*
1 Fall protection – General requirements 1926.501 7,270 Citations include roofing contractors failing to provide PPE
2 Hazard communication 1910.1200 4,552 Citations include failure to train, failure to maintain data sheets
3 Scaffolding 1926.451 3,336 Citations include lack of proper decking
4 Respiratory protection 1910.134 3,118 Citations include lack of fit testing, lack of medical evaluations, lack of respiratory programs
5 Lockout/Tagout 1910.147 2,944 Citations include lack of implementation of energy control programs, lack of training
6 Ladders 1926.1053 2,812 Citations include broken steps, use of top steps, ladders not being used as intended
7 Powered industrial trucks 1910.178 2,294 Citations included non-certified forklift drivers, failing to recertify drivers every 3 years
8 Fall protection – Training requirements 1926.503 1,982 Citations include employers lacking competent persons to provide training, no written certifications verifying training
9 Machine guarding 1910.212 1,972 Citations include point of operation, guards not attached to machines
10 Eye and face protection 1926.102 1,536 Construction standard — first time on the list

*Specific citation info from EHS Today

Industry-specific citations

In addition to the Top 10, the agency released citation and penalty information for specific industries. Here are the results from some of the industries we serve.

Construction

  • Total citations: 25,294 (based on 10,291 inspections)
  • Total penalties: $73,660,506 (average penalty: $2,912)
  • Top 5 most frequently cited standards
    • 1926.501: Duty to have fall protection
    • 1926.451: General requirements
    • 1926.1053: Ladders
    • 1926.503: Training requirements
    • 1926.102: Eye and face protection

Fabricated metal product manufacturing

  • Total citations: 3,436 (based on 938 inspections)
  • Total penalties: $8,730,209 (average penalty: $2,541)
  • Top 5 most frequently cited standards
    • 1910.147: The control of hazardous energy (lockout/tagout)
    • 1910.212: General requirements for all machines
    • 1910.1200: Hazard communication
    • 1910.134: Respiratory protection
    • 1910.178: Powered industrial trucks

Food manufacturing

  • Total citations: 1,487 (based on 515 inspections)
  • Total penalties: $6,776,699 (average penalty: $4,557)
  • Top 5 most frequently cited standards
    • 1910.147: The control of hazardous energy (lockout/tagout)
    • 1910.212: General requirements for all machines
    • 1910.119: Process safety management of highly hazardous chemicals
    • 1910.1200: Hazard communication
    • 1910.219: Mechanical power-transmission apparatus

Pharmaceutical and medicine manufacturing

  • Total citations: 80 (based on 18 inspections)
  • Total penalties: $324,362 (average penalty: $4,055)
  • Top 5 most frequently cited standards
    • 1910.134: Respiratory protection
    • 1910.147: The control of hazardous energy (lockout/tagout)
    • 1910.1200: Hazard communication
    • 1910.119: Process safety management of highly hazardous chemicals
    • 1910.132: General requirements

The cost of non-compliance

Many employers put the brakes on their compliance duties because they believed that OSHA’s activities would be curtailed under the Trump Administration. This has not come to pass. In fact, in 2017, OSHA inspections increased for the first time in a long time.

Not only that, but the penalties are growing. In 2016, OSHA penalties increased by 78% to make up for 26 years of not adjusting for inflation. Since then, the penalties have increased every year.

Here is the current schedule as of January 2, 2018:

  • For Serious, Other-Than-Serious, and Posting Requirements violations, the maximum penalty is $12,934 per violation.
  • For Failure to Abate violations, the maximum penalty is $12,934 per day beyond the abatement date.
  • For Willful or Repeated violations, the maximum penalty is $129,336 per violation.

In addition, the number of penalties in excess of $100,000 has increased. And more are likely coming — a court ruled earlier this year that OSHA could look back more than five years to establish repeat violations, for which the penalty is 10x higher. That gives employers even greater incentive to address safety issues now.

Nilfisk is dedicated to helping you and your employees stay safe. For more information about OSHA standards, worker safety, and how the right equipment can help you become compliant, check out our health and safety article archive.