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Most Frequently Cited Standards: Construction and All Industries Combined Top 10 Most Frequently Cited Standards for All Industries Combined Date Range: October 2016 through September 2017 Source: OSHA's Website: Industry Profile for an OSHA Standard Data current as of December 31, 2017 | Standard | Citations | Inspections | Penalty amounts (current value) | Subpart | Description |
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| §1926.501 | 6783 | 6,572 | $31,930,110 | M — Fall Protection | Duty to have fall protection. | | §1910.1200 | 4,311 | 2,392 | $4,580,731 | Z — Toxic and Hazardous Substances | Hazard Communication. | | §1926.451 | 3,420 | 1,637 | $9,523,066 | L — Scaffolds | General requirements. | | §1910.134 | 3,076 | 1,337 | $3,258,886 | I — Personal Protective Equipment | Respiratory protection | | §1910.147 | 2,823 | 1,635 | $15,043,488 | J — General Environmental Controls | The control of hazardous energy (lockout/tagout) | | §1926.1053 | 2,516 | 2,074 | $5,750,021 | X — Stairways and Ladders | Ladders. | | §1910.178 | 2,220 | 1,549 | $5,271,332 | N — Materials Handling and Storage | Powered industrial trucks | | §1910.212 | 1,981 | 1,784 | $11,435,419 | O — Machinery and Machine Guarding | General requirements for all machines | | §1926.503 | 1,753 | 1,701 | $2,553,896 | M — Fall Protection | Training requirements | | §1910.305 | 1,429 | 994 | $2,155,095 | S — Electrical | Wiring methods, components, and equipment for general use |
Top 10 Most Frequently Cited OSHA Standards for Construction NAICS Code: 23 — Construction Top 10 Citations Date Range: October 2016 through September 2017 Source: OSHA's Website: Frequently Cited OSHA Standards Data current as of December 31, 2017 | Standard | Citations | Inspections | Penalty amounts (current value) | Subpart | Description |
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| §1926.501 | 6,681 | 6,470 | $31,353,188 | M — Fall Protection | Duty to have fall protection. | | §1926.451 | 3,330 | 1,591 | $9,152,785 | L — Scaffolds | General requirements. | | §1926.1053 | 2,471 | 2,037 | $5,635,701 | X — Stairways and Ladders | Ladders. | | §1926.503 | 2,471 | 2,037 | $2,472,150 | M — Fall Protection | Training Requirements | | §1926.102 | 1,380 | 1,375 | $3,134,596 | E — Personal Protective and Life Saving Equipment | Eye and face protection. | | §1910.1200 | 906 | 484 | $784,630 | Z — Toxic and Hazardous Substances | Hazard Communication. | | §1926.100 | 860 | 860 | $1,917,608 | E — Personal Protective and Life Saving Equipment | Head protection. | | §1926.20 | 761 | 696 | $1,792,793 | C — General Safety and Health Provisions | General safety and health provisions. | | §1926.453 | 758 | 683 | $2,095,694 | L — Scaffolds | Aerial lifts. | | §1926.502 | 706 | 489 | $1,607,847 | M — Fall Protection | Fall protection systems criteria and practices. |
The Williams-Steiger Occupational Safety and Health Act of 1970 To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Occupational Safety and Health Act of 1970".
What is OSHA's General Duty Clause? Section 5(a)(1) of the Williams-Steiger Occupational Safety and Health Act of 1970 has become known as "The General Duty Clause". It is a catch all for citations if OSHA identifies unsafe conditions to which a regulation does not exist. In practice, OSHA, court precedent, and the review commission, have established that if the following elements are present a "general duty clause" citation may be issued. 1. The employers failed to keep the workplace free of a hazard to which employees of that employer were exposed. |
2. The hazard was recognized. (Examples might include: through your safety personnel, employees, organization, trade organization or industry customs.) |
3. The hazard was causing or was likely to cause death or serious physical harm. |
4. There was a feasible and useful method to correct the hazard. |
Two important sections of the Occupational Safety and Health Act of 1970 Act: Duties and Judicial Review | 5. | (a) (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; |
(2) shall comply with occupational safety and health standards promulgated under this Act. |
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(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. |
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| 11. | (c) (1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act. |
(2) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this subsection may, within thirty days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this subsection have been violated, he shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown to restrain violations of paragraph (1) of this subsection and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay. |
(3) Within 90 days of the receipt of a complaint filed under this subsection the Secretary shall notify the complainant of his determination under paragraph 2 of this subsection. |
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The complete Occupational Safety and Health Act of 1970 is available at https://www.osha.gov/laws-regs/oshact/completeoshact.
OSHA's Citation Policy on Multi-Employer Worksite Inspections → Editor's Note: This is a portion of OSHA's Directive CPL 02-00-124: Multi-Employer Citation Policy. Employers must not create conditions that violate OSHA standards or make a workplace unsafe. On multi-employer worksites (in all industry sectors), more than one employer may be citable for a hazardous condition that violates an OSHA standard. OSHA classifies employers into one or more of four categories — the creating, exposing, correcting, and controlling employers — to determine if a citation will be issued. The Creating Employer: an employer who causes a hazardous condition that violates an OSHA standard. An employer who creates the hazard is citable even if the only employees exposed in the workplace are those who work for other employers.
The Exposing Employer: an employer whose own employees are exposed to the hazard. If the exposing employer created the violation, he/she is citable for the violation as a creating employer. If the violation was created by another employer, the exposing employer is citable if he/she (1) knew of the hazardous condition or failed to exercise reasonable diligence to discover the condition, and |
(2) failed to take steps to protect his/her employees. |
If the exposing employer has the authority to correct the hazard, he/she must do so.
If he/she lacks the authority to correct the hazard, he/she is citable if he/she fails to do each of the following: (1) ask the creating and/or controlling employer to correct the hazard |
(2) inform his/her employees of the hazard, and |
(3) take reasonable alternative protective measures. |
In some circumstances, the employer is citable for failing to remove his/her employees from the job to avoid the hazard.
The Correcting Employer: an employer who is responsible for correcting a hazard on the exposing employer's worksite, usually occurring while the correcting employer is installing and/or maintaining safety/health equipment. The correcting employer must exercise reasonable care in preventing and discovering violations and meet his/her obligation of correcting the hazard.
The Controlling Employer: an employer who has general supervisory authority over the worksite, including the power to correct safety and health violations or requiring others to correct them. A controlling employer must exercise reasonable care to prevent and detect violations on the site.
CPL 02-00-124: Multi-Employer Citation Policy (complete) is posted at www.oshacfr.com
It's The Law! Mandatory Posting You Have a Right to a Safe and Healthful Workplace. All covered employers are required to display and keep displayed, a poster prepared by the Department of Labor*† informing employees of the protections of the Occupational Safety and Health Act P.L. 91-596, December 29, 1970 and its amendments. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. The new Plain Language poster (OSHA 3165) replaces OSHA's currently required workplace poster (OSHA 2203). As supplies of OSHA 2203 diminish, the new workplace poster will be phased in to take its place. Employers do not need to replace current 2203 posters. The OSHA 2203 poster will continue to be in compliance with OSHA regulations. †(States with State Plans may have their own poster.) *(Federal Government Agencies must use the Federal Agency Poster.)
This mandatory poster is available directly from OSHA in both .pdf and print forms in several languages.
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