Illinois’ internationally respected National Safety Council hosted its annual safety conference this year in San Diego, California, where the Occupational Safety and Health Administration (“OSHA”) announced its annual Top Ten List of Safety Violations. See, “OSHA Top 10 for FY 2022 Announced at NSC,” written by Sydny Shepard and published in OHS Online on September 20, 2022.
Covering the time period of October 1, 2021, to September 6, 2022, the new OSHA Top Ten List identifies the federal safety regulations that have been the basis of federal citations across the country. The latest list was announced as follows:
- Fall Protection – General Requirements (29 CFR §1926.501): 5,260 violations
- Hazard Communication (29 CFR §1910.1200): 2,424 violations
- Respiratory Protection (29 CFR §1910.134): 2,185 violations
- Ladders (29 CFR §1926.1053): 2,143 violations
- Scaffolding (29 CFR §1926.451): 2,058 violations
- Lockout/Tagout (29 CFR §1910.147): 1,977 violations
- Powered Industrial Trucks (29 CFR §1910.178): 1,749 violations
- Fall Protection – Training Requirements (29 CFR §1926.503): 1,556 violations
- Personal Protective and Lifesaving Equipment – Eye and Face Protection (29 CFR §1926.102): 1,401 violations
- Machine Guarding (29 CFR §1910.212): 1,370 violations.
Safety Warning to Workers: Fall Safety Remains Number One OSHA Violation
From the viewpoint of safety agencies and those advocating for injured workers and their loved ones, this annual announcement serves as a stern reminder of the continued failures of so many employers to respect and adhere to recognized safety standards for their workers. This is particularly true when this year’s announcement confirms that every single list for the past dozen years has found fall protection violations to top the OSHA list of safety violations.
For a discussion of OSHA Top Ten List revelations in past years, read our discussions in 2021 OSHA Top Ten List of Violations Released: Workers No Safer from Known Injury Risks; 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.
12 Years in a Row: Company Failures in Fall Protection 29 CFR §1926.501
Violations of the general requirements for safety in fall protection as found in 29 CFR §1926.501 have not budged from the top spot in the employer violation list in the past twelve years. Not once. Failures to provide proper fall protections according to this basic safety standard are obviously commonplace in our national workplace.
Fall Protection – General Requirements
The fall protection standard is not difficult to understand nor is it extensive in its requirements. The federal safety standard states as follows:
(a) General.
(1) This section sets forth requirements for employers to provide fall protection systems. All fall protection required by this section shall conform to the criteria set forth in § 1926.502 of this subpart.
(2) The employer shall determine if the walking/working surfaces on which its employees are to work have the strength and structural integrity to support employees safely. Employees shall be allowed to work on those surfaces only when the surfaces have the requisite strength and structural integrity.
(b)
(1) Unprotected sides and edges. Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.
(2) Leading edges.
(i) Each employee who is constructing a leading edge 6 feet (1.8 m) or more above lower levels shall be protected from falling by guardrail systems, safety net systems, or personal fall arrest systems. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of § 1926.502.
Special Warning for Construction Workers in Indiana and Illinois
Of course, the dangers of falling on the job is especially high for anyone working construction in Indiana or Illinois. As reported by the Bureau of Labor Statistics, worker deaths resulting from fall injuries accounted for 20.7% of all worker fatalities in this country across all industries. For those working construction, over a third (37.9%) of all worker deaths were caused by on the job falls.
The fact that employers continue to ignore the great danger of fatal fall injuries by failing to conform to the federal fall safety standard in 29 CFR §1926.501 is shocking for any year.
It is absolutely unacceptable for this disrespect to continue for a dozen years in a row when the risks of falling deaths are so well known in our construction industry.
For more on the dangers of fall injuries in the construction industry, read:
- Who Faces the Greatest Risk of Dying from a Construction Site Fall?
- Roofers Hurt or Killed on the Job: Why is Roofing So Dangerous and Deadly?
- Deadly Construction Fall Accidents in Illinois and Indiana
- Deadly Construction Fall Accidents: Duty to Provide Fall Safety Equipment Protections for Construction Workers.
Justice for Workers Injured or Killed in a Fall Accident on the Job
Preventable accidents on the worksite can cause the death of one or more workers in a matter of seconds, particularly in dangerous environments like active construction sites. Safety standards have been developed in order to try and prevent these needless tragedies.
Sadly, construction companies obviously are continuing to put profits over people. Consider the findings of the National Institute for Occupational Safety and Health (“NIOSH”) for construction workers in 2022:
- The leading cause of death among construction workers is a fall accident;
- More and more construction worker fall accidents are being reported, not less; and
- Residential construction is especially dangerous with roofing and finishing workers on residential construction sites have the highest risk of dying on the job from a fatal fall.
Read, “Fall Campaign 2022: Making Research Work,” written by Scott Earnest, J’ette Novakovich, Scott Breloff, Douglas Trout, Elizabeth Garza, Christopher Pan, and Bryan Wimer and published by the NIOSH Science Blog on April 13, 2022.
While OSHA does impose civil penalties upon employers for violations of federal safety regulations, the threat of OSHA punishment obviously is not enough to block employers from ignoring known fall dangers that workers face daily on the job.
This leaves injured workers and their loved ones who are seriously injured in a fall accident on the job with state remedies as their avenues of justice. In some instances, there will be federal laws that apply to the worker’s injury claims.
For more, read:
- Illinois Workers Compensation System Overhaul Became Law on September 1, 2011: How Does It Impact Your Workers Compensation Claim?
- Workers’ Compensation in Indiana and Illinois: Work-Related Injuries and the Fight Against Corporate Greed.
- Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA; and
- The Jones Act vs. the Longshoreman and Harbor Workers’ Compensation Act for Maritime Workers.
Each fall accident on the job deserves to be independently investigated with detailed respect for the particular circumstances surrounding the accident and subsequent death or catastrophic injuries suffered by the worker in the worksite fall.
It is shocking to have it confirmed that for the past twelve years, fall hazards have stayed in the number one position of ignored and disregarded fall safety standards in this country. People die from falls and employers know the risk their workers face each day.
Still, safety regulations are being ignored and workers must be wary of their workplaces and alert to the dangers they face. Reliance upon the company to keep workers safe from a fall death may be misplaced based upon this new OSHA Top Ten List. Please be careful out there!
