OSHA

PROPERTY & CASUALTY NEWSLETTER: November 2018

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The Plexus Groupe’s Property and Casualty November Newsletter shares the Top 10 OSHA violations in 2018:

10. Personal Protective and Lifesaving Equipment – Eye and Face Protection

This is the first appearance of this construction standard on the list.

Standard: 1926.95
Number of Violations: 1, 536

9. Machine Guarding

Inspectors cited machine shops and manufacturers for point of operation and for guards that were not attached to machines.

Standard: 1910.212
Number of Violations: 1,972

8. Fall Protection – Training Requirements

Employers lacked competent persons to provide training as well as no written certifications that the training occurred.

Standard: 1926.503
Number of Violations: 1,982

7. Powered Industrial Trucks part 2

OSHA inspectors found forklift drivers who were not certified. In addition, employers failed to recertify drivers every three years.

Standard: 1910.178
Number of Violations: 2,294

6. Ladders

Ladder use continues to be a problem in the construction industry. Inspectors found broken steps, use of top steps and ladders not being used as intended.

Standard: 1926.1053
Number of Violations: 2,812

5. Lockout/Tagout

A general industry standard, employers did not implement an energy control program or training.

Standard: 1910.147
Number of Violations: 2,944

4. Respiratory Protection

Fit testing, medical evaluations and respiratory programs were non-existent for employers who received this violation.

Standard: 1910.200
Number of Violations: 3,118

3. Scaffolds – General Requirements

Scaffolds were not properly decked, leaving holes where a worker potentially could fall through.

Standard: 1926.451
Number of Violations: 3,336

2. Hazard Communication

Failure to train and not maintaining data sheets led to this violation for many auto repair shops as well as hotels.

Standard: 1910.200
Number of Violations: 4,552

1. Fall Protection – General Requirements

Topping the list once again is fall protection. Roofing contractors failed to provide PPE.

Standard: 1926.501
Number of Violations: 7,270

If you have questions about this newsletter or any of the OSHA safety violations identified, contact an insurance expert at The Plexus Groupe at 847-307-6100.

Could increased OSHA authority be on the way?

  A case winding its way through the courts could potentially increase the reach of the U.S. Occupational Safety and Health Administration (OSHA), which investigates Occupational Safety and Health Act violations.

In December, a federal administrative judge for the Independent Occupations Safety and Health Review Commission ruled that OSHA’s request for “enterprise-wide abatement” of alleged violations at Michigan trucking company Central Transport, LLC was worthy of exploring further at trial.

“Formal discovery has not begun. No hearings have been held. Especially in a case where a novel legal theory is advanced, the decision regarding that claim should be made upon a complete record following full discovery by all parties,” wrote Administrative Law Judge Carol Baumerich in her ruling late last year.

According to BusinessInsurance.com, company-wide abatement rulings as a result of settlements with OSHA have occurred in the past, but the timing — and nature — of OSHA’s request is notable and potentially precedent-setting should it hold up.

However, the case could take “years” to resolve, as Baumerich noted in her ruling, so immediate changes to federal policy and administration aren’t right around the corner. However, OSHA’s pursuit of this case — and its path through the courts — is certainly worth watching.

That said, the fact the case has gotten this far is interesting in and of itself.

Judge Baumerich's order is significant and precedent-setting. This is the first decision by an OSHA Administrative Law Judge expressly finding that the U.S. Occupational Safety and Health Review Commission may have the authority under the OSHA Act to order abatement measures beyond the specific violations identified in the citations,” said Michael Felsen, the regional solicitor for New England, in a statement from OSHA last year.

Contact a Plexus Groupe professional to find out more about this recent ruling and other OSHA considerations by calling us at 847.307.6100, or contact us via the Web at plexusgroupe.com.

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