OSHA recently released the top ten violations for fiscal year 2017, which ended September 30.  Generally, this list does not change much from year to year with the top three violations always being fall protection, hazard communication and scaffolding. OSHA noted that not all violations had been added to its reporting system but that the list was not expected to change.

Overall Top Ten Violations for FY 2017 

 

  1. Fall Protection (Construction – 29 CFR 1926.501).  Total of 6,072 violations with frequently violated requirements including failure to provide fall protection for unprotected edges and open sides in residential construction and failure to provide fall protection on low-slope roofs.
  1. Hazard Communication (29 CFR 1910.1200) Total of 4,176 violations with frequently violated requirements for failure to have a written hazard communication program and failure to provide employee access to safety data sheets.
  1. Scaffolding (29 CFR 1926.451) Total of 3,288 violations with the most frequent violations including improper access to surfaces and lack of guardrails.
  1. Respiratory Protection (29 CFR 1910.134) Total of 3,097 violations with the most frequent violations for failure to establish a written respiratory protection program and failure to provide medical evaluations.
  1. Lockout/Tagout (29 CFR 1910.147) Total of 2,877 violations with the most frequent violations for employee training and failure to conduct periodic inspections.
  1. Ladders (Construction – 29 CFR 1926.1053) Total of 2,241 violations with frequent violations including improper use of ladders, damaged ladders, and using the top step.
  1. Powered Industrial Trucks (29 CFR 1910.178) Total of 2,162 violations including employee training and refresher training.
  1. Machine Guarding (29 CFR 1910.212) Total of 1,933 violations with the most frequent for failure to guard points of operation.
  1. Fall Protection—Training (Construction – 29 CFR 1926.503) Total of 1,523 violations with the most frequent for failure to train employees in identifying fall hazards and proper use of fall protection equipment.
  1. Electrical (29 CFR 1910.305) Total of 1,405 violations including temporary wiring in lieu of permanent wiring.
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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.