Common OSHA Violations in Pennsylvania

Employers have a duty to employees to keep them safe while on the job–yet, there are common OSHA violations in Pennsylvania that occur every day. To avoid these workplace safety violations, employers must abide by OSHA standards, minimize workplace hazards, and train employees on occupational safety measures.

Common OSHA Violations in Pennsylvania: Occupational Safety and Health Administration Guidelines

The Occupational Safety and Health Administration (OSHA) has released the top ten most common workplace safety violations for 2024 at the National Safety Council (NSC) Safety Congress & Expo. These violations include:

1. Fall Protection, general requirements: 6,307 violations

2. Hazard Communication: 2,888 violations

3. Ladders: 2,573 violations

4. Respiratory Protection: 2,470 violations

5. Lockout/Tagout: 2,443 violations

6. Powered Industrial Trucks: 2,248 violations

7. Fall Protection, training requirements: 2,050 violations

8. Scaffolding: 1,873 violations

9. Personal Protective and Lifesaving Equipment, eye and face protection: 1,814 violations

10. Machine Guarding: 1,541 violations.

For the 14th year, fall protection general requirements remain the top-cited violation. So what can employers learn from this? OSHA compliance guidelines offer regulations on ensuring compliance and avoiding serious injury to employees.

Fall Protection, General Requirements

According to OSHA safety standards, there must be fall protections in place for specific working conditions. This includes:

• Fall protection at specific heights
• Methods of fall protection
• Fall protection over dangerous equipment and machinery, regardless of height
• Fall protection over floor openings and scaffolding
• Fall protection for fixed ladders over 24 feet
• Training sessions
• Proper inspection and maintenance

Hazard Communication

The OSHA Hazard Communication Standard (HazCom), also known as the Right-to-Know rule, requires employers to inform employees about hazardous chemicals in the workplace. This includes safety data sheets, proper labeling, training, and a written hazard communication program.

Ladders

OSHA provides general ladder safety practices to limit workplace injuries. These safety protocols include:

• Regular inspections
• Proper placement
• Uniform rung spacing
• Clearance between the ladder and fall hazards
• Load capacity
• The construction of the ladder must be resistant to corrosion
• Employees must maintain three points of contact at all times: two hands and one foot, or two feet and one hand

Respiratory Protection

OSHA’s Respiratory Protection Standard outlines how to limit respiratory hazards. Guidelines include:

• Hazard assessments
• Medical evaluations before using a respirator
• Respirator testing to ensure safety while in use
• Employers must have a Respiratory Protection Program (RPP) in place
• Proper maintenance and storage of respirators and other personal protective equipment
• Provide training for safety practices when using respiratory protection

Lockout/Tagout

Lockout tagout refers to the control of hazardous energy. Employers are responsible for protecting employees from hazardous energy sources during the service and maintenance of machinery and equipment. This specifically refers to when a machine unexpectedly starts up and releases energy, which could cause employee safety concerns and injury.

Powered Industrial Trucks

OSHA regulates powered industrial trucks, or forklifts. Safety standards include fire protection, design, maintenance, and use.

Fall Protection, Training Requirements

While there are standards to limit fall hazards, there are also standards for what employees should do should their job be more prone to slips and falls. Training includes the proper use of safety equipment,

Scaffolding

Scaffolding is a large part of the construction industry, and utilizing it is key for employee safety. However, it must be used properly. OSHA provides general scaffolding requirements for:

• Proper assembly, alteration, and disassembly
• Load capacity
• Proper access
• Fall protection
• Planking and platforms
• Guarding
• Training
• Proper bracing and securing
• Materials and conditions must be safe before use

Personal Protective and Lifesaving Equipment, Eye and Face Protection

Some work environments have occupational safety hazards that are part of the job. In these cases, employers must provide appropriate eye and face protection for employees exposed to dangers, including airborne particles, molten metal, chemicals, and extreme light.

Machine Guarding

Machine operators must be trained to use large machinery while protecting those around them safely. OSHA standards for guarding include:

• Use of a physical barrier to limit harm
• Devices to restrict access to dangerous areas
• Placing machines in locations to minimize hazards
• Automated feeding and ejection to limit operators’ exposure
• Aids to protect the operator and others in the area of the machine

 

How Can Employers Ensure Compliance and Limit OSHA Citations?

While OSHA violations and citations are similar, employers must understand that getting a citation without a fine is possible. However, citations include a deadline to fix the problem and serve as a warning that if the same problem happens again within five years, it becomes a repeat citation and is listed on the company’s safety record.

Even if a company does not receive a fine, all citations are public records and can be reviewed on OSHA’s website.

Employers should be aware of the types of violations that can occur to avoid serious violations.

1. Serious: If an employer fails to fix a serious hazard that could knowingly result in injury or death.
2. Other-than-Serious: Employer is aware of a hazard that does not cause injury or death but could compromise an employee’s health or safety
3. Willful or Repeated: If a violation occurs again within three years, with no attempt at resolution
4. Posting Requirements: When a breach or citation is given, the employer must post it in the incident area
5. Failure to Abate: When an employer does not fix the safety violations by the set date from OSHA
6. De Minimus Violation: A technical violation that doesn’t present direct or immediate harm

Ensuring OSHA Compliance in Pennsylvania

Employers should take proactive steps to implement safety programs, including training sessions, regular inspections, hazard communications, and incident documentation procedures, to limit OSHA violations and protect employees. When compliance is not met, employers may incur penalties and fines, which can be costly.

Lack of Enforcement of OSHA Guidelines Can Lead to Penalties

When OSHA violations occur, employers run the risk of penalties, fines, and permanent documentation on their business records. The minimum and maximum fines for an OSHA violation are:

• Serious violations: Minimum $1,221 per violation, Maximum $16,550 per violation
• Other-than-serious: Minimum $0 per violation, Maximum $16,550 per violation
• Willful or Repeated: Minimum $11,823 per violation, Maximum $165,514 per violation
• Posting Requirements: Minimum $0 per violation, Maximum $16,550 per violation
• Failure to Abate: $16,550 per day past the abatement date

What Happens To Injured Employees When Common Workplace Safety Violations Occur?

There are steps that injured employees can take should one of these common OSHA violations occur. Of course, it’s best to notify employers of safety concerns before injury occurs and report violations to your employer should they arise. But if you are hurt because of your employer’s safety violation, you should:

• Report the accident and injury to your employer as soon as possible. You must report the accident within 21 days and no more than 120 days after.
• Seek medical attention. For 90 days, you must utilize a company-approved physician to treat your injuries. But after the 90 days, you can switch doctors.
• Apply for workers’ compensation. By reporting the accident and using a company-approved doctor, you should get your workers’ comp benefits to cover your medical costs and lost wages. However, you must contact a Pennsylvania workers’ compensation lawyer if your claim is denied.

Munley Law Protects Employees Injured Due to Common OSHA Violations in PA

Federal law requires employers to protect employees from workplace hazards. But when safety violations occur, workers need someone they can count on. For over 65 years, Munley Law’s workers’ compensation attorneys have protected injured workers as they fight for workers’ comp benefits. Our lawyers know what risks can lead to injury in the workplace and handle complex claims when OSHA guidelines are ignored.

Many employees fear retaliation for filing for benefits after an injury or occupational illness. However, there are procedures to protect you and your family from financial ruin over a workplace accident. Employers should prioritize workplace safety, but when they don’t, and these common OSHA violations occur, Munley Law steps in. Call the Pennsylvania workers’ compensation lawyers of Munley Law for a no-obligation, free consultation regarding your workers’ compensation claim or claim denial.