This week, the Occupational Safety and Health Administration (OSHA) released its latest “Top Ten” list of those federal workplace safety regulations that are most often ignored and violated, putting workers at risk of serious injury or death. The virtual announcement, made by OSHA representatives at a webinar hosted by Illinois’ National Safety Council, can be viewed online (time: 29:46).
OSHA’s Top 10 List has been published annually for many years as a safety warning to workers and their employers as well as those encouraging greater workplace safety and those advocating for victims injured in on-the-job accidents. The list identifies the federal worker safety standards that have been violated by employers the most during the past fiscal year.
For more, read our earlier discussions in: OSHA’s Top Ten Serious or Willful Violations of Worker Safety Laws; 2018 OSHA Top Ten List of Most Violated Federal Worker Safety Regulations; and 2017 OSHA Top Ten List of Safety Violations.
OSHA Top Ten List for FY 2020
Employers are aware of federal regulations designed to keep employees safe from known hazards and dangers on the job. Nevertheless, OSHA reports the following are the top ten most often safety standards that were reported violated during fiscal year 2020:
1] Fall Protection – General Requirements (29 CFR 1926.501)
2] Hazard Communication (29 CFR 1910.1200)
3] Respiratory Protection (29 CFR 1910.134)
4] Scaffolding (29 CFR 1926.451)
5] Ladders (29 CFR 1926.1053)
6] Lockout/Tagout (29 CFR 1910.147)
7] Powered Industrial Trucks (29 CFR 1910.178)
8] Fall Protection – Training Requirements (29 CFR 1926.503)
9] Personal Protective and Life Saving Equipment – Eye and Face Protection (29 CFR 1926.102)
10] Machine Guarding (29 CFR 1910.212).
Same Violations Made the FY 2019 OSHA Top Ten
When comparing the new list with the previous fiscal year’s Top Ten, it is shocking to find that the very same safety standards appear on both lists. While some of the federal regulations moved up or down the list of ten, the overall listing remains the same. Dangerous violations involving ladders rose, as did the risks of harm from failed respiratory protection.
Perhaps the most concerning of all when comparing the two latest OSHA Top Ten Lists is the fact that Fall Protection – General Requirements (29 CFR 1926.501), focusing upon the construction industry, is still the most common safety regulation that is violated in this country. Even more troubling is the fact that this Fall Safety Regulation has been the most common safety regulation to be violated for the past ten years.
Why Falls are So Dangerous and Deadly
The most often violated OSHA safety standard involves falls on the construction site, where statistics have confirmed that falling is the leading cause of death for construction workers who are hurt in a work site accident. Fatal falls are likely to happen for any construction worker who is required to be six feet or more above the lower level. As OSHA points out, “these deaths are preventable.”
Projects that require the construction worker to work from any height need to be planned with the worker’s safety in mind. Things like safety equipment needs should be addressed long before the work begins.
From OSHA:
When estimating the cost of a job, employers should include safety equipment, and plan to have all the necessary equipment and tools available at the construction site. For example, in a roofing job, think about all of the different fall hazards, such as holes or skylights and leading edges, then plan and select fall protection suitable to that work, such as personal fall arrest systems (PFAS).
Nevertheless, all too often construction industry employers fail to prioritize worker safety on the job. Projects are not planned in advance from a safety perspective. Costs are not considered for the proper equipment (e.g., harnesses, lifelines, etc.) and training for the workers. Equipment and machinery are not properly inspected, repaired, or maintained before released to the worker for use (e.g., ladders, scaffolds, etc.).
To have construction fall safety standards remaining in the OSHA Top Ten List for a decade shouts a warning to all construction workers in this country that employers are disregarding their duty of care and not doing enough to keep workers safe on the job.
Justice for Workers Hurt or Killed on the Job in Indiana and Illinois
Having an annual tally of the federal safety regulations that are the most ignored or violated in this country is a valuable contribution by OSHA because it helps to identify those areas where workers are most likely to suffer severe bodily injury or death. The goal, of course, is to have the Top Ten list encourage employers to focus upon these danger zones and prevent people from getting hurt on the job.
Explains Lorraine M. Martin, president of the National Safety Council:
“In a year that was defined by the ongoing pandemic, workplace safety became more important than ever. The OSHA Top 10 list reminds us why we must continue to focus on persistent safety risks as we navigate new challenges. These data help us pinpoint areas where we can improve so we can better prioritize workplace safety in the future world of work.”
Unfortunately, from a victim’s advocate perspective, the reality that the exact same federal safety regulations appear on the past two years’ Top Ten lists suggests employers are not doing enough to protect employees from injury on the work site. If these safety standards were being given sincere and widespread consideration, then the hazards they are designed to protect against would be lessened and these regulations would not keep repetitively popping up on the annual OSHA Top Ten List.
This is especially true for the failure to protect workers against serious or fatal falls on the job. Falls can happen in all kinds of industries and in a variety of ways, but construction workers face an especially high risk. Sadly, workers often suffer permanent harm or death in these workplace fall accidents.
For more, read:
- Construction Fall Accidents in Indiana or Illinois: Great Danger of Fatal Injury in a Fall on the Job
- Construction Falls: Scaffolds and Ladders Can Cause Serious Accidents
- Deadly Construction Accidents: Falls Remain a Leading Cause of Death for Construction Workers
- Construction Worker Deaths: Almost Half of All Construction Fatalities Caused by Falls.
The state laws of Indiana and Illinois provide legal avenues for justice when a worker has been seriously injured or killed on the job. Workers’ compensation laws serve both the worker and his or her loved ones with claims coverage. In some instances, federal statutes work to help the injured worker in the aftermath of a work injury. See, e.g., Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
Work hazards are seen by many workers as a part of the job, as they bravely go about their daily tasks. Nevertheless, employers have a legal duty of care to keep workers safe from harm on the job site, and the latest OSHA Top Ten List serves as a warning. All too often in Indiana and Illinois, employers put profits over people regarding worker safety thereby exposing workers to known dangers. Please be careful out there!
