Top 10 OSHA Citations of 2018

The Department of Labor’s Occupational Safety and Health Administration has released a list of the 10 most frequently cited safety and health violations for the fiscal year of 2018; compiled from thousands of inspections of workplaces by federal OSHA staff. For the fiscal year (FY) of 2017, Federal OSHA and States with their own OSHA plans completed close to 76,000 workplace safety inspections.

The top 10 violations accounted for an estimated total of 32,266 violations, based on preliminary data for FY 2018 as noted by OSHA’s Deputy Director of the Directorate of Enforcement Programs. One remarkable thing about the list is that it rarely changes. Year after year, thousands of the same on-the-job hazards are cited, any one of which could result in a fatality or severe injury.

In 2016, 5,190 workers were killed on the job (3.6 per 100,000 full-time equivalent workers) — on average, more than 99 a week or more than 14 deaths every day bls.gov. This is despite the fact that by law, employers are responsible for providing safe and healthful workplaces for their workers. If all employers simply corrected the top 10 hazards, we are confident the number of deaths, amputations, and hospitalizations would drastically decline. Consider this list a starting point for workplace safety:

  1. Fall Protection – 7,720 violations: Falls, primarily from ladders and roofs, accounted for 384 fatalities in 2016. Any time a worker is at a height of 4 feet or more (30 inches or more in CA), the worker is at risk and needs to be protected.
  2. Hazard Communication – 4,552 violations: Employers are required to provide a written Hazard Communication Program, label hazardous chemicals, provide a Safety Data Sheet for each chemical, and document employee training.
  3. Scaffolding – 3,336 violations: Primarily applicable to the construction industry.
  4. Respiratory Protection – 3,118 violations: Body shop employees need specific training on policies (written) and practices involving the use of respirators during auto refinishing operations. Training on respiratory protection, fit testing, user seal check, and respiratory cleaning procedures are mandatory, and so is the OSHA Respirator Medical Evaluation Questionnaire. When an employee wears a respirator, even when it is not required under the regulation, information on proper usage, including limitations, must still be provided.
  5. Lockout/Tagout – 2,944 violations: Specific procedures and practices safeguard employees from the unexpected energization or startup of machinery and equipment. A written program and employee training is mandatory (annually). Employees working on automobiles must comply by isolating energy to the engine to prevent inadvertent movement during repair or service. A lockout kit including locks should be available.
  6. Ladders – 2,812 violations: Limit ladder use to trained and experienced staff only. Lock ladders with a chain to prevent usage by untrained staff.
  7. Powered Industrial Trucks (Forklifts) – 2,294 violations: The high number of fatalities associated with forklifts and high number of violations associated with powered industrial truck safety tell us that many workers are not properly trained to safely drive potentially hazardous equipment. OSHA compliance requires training in these specific activities: forklift operations, loading and unloading, and vehicle maintenance. Evaluating an operator every three years is also mandatory.
  8. Fall Protection Training Requirements – 1,982 violations: This moved up a notch from the 2017 number 9 spot. Dealerships watch out for employees working on parts second floor while loading or unloading parts.
  9. Machine Guarding – 1,972 violations: Moving machine parts have the potential to cause severe workplace injuries, such as crushed fingers or hands, amputations, burns, or blindness. Safeguards, including anchoring machinery, are essential for protecting workers from these preventable injuries. Any machine part, function, or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact with the machine may injure the operator or others in the vicinity, hazards must be eliminated or controlled. Moving parts in automobiles, grinders, and brake lathes are all subject to this regulation.
  10. Eye & Face Protection – 1,536 violations: A brand new entry to the top 10 list. Essentially reinforce your Person protective Equipment (PPE) policy and ensure all your employee wear eye and face protection as necessary.

 

CAL/OSHA (DOSH): Certain notable violations for general industry in California for 2010-2016 can be found here. DOSH proposed total penalties of $59 million in 2017 rising from $54.5 million in 2016.

OSHA PENALTIES

Federal OSHA Penalties: OSHA penalties which had not earlier kept up with inflation are now being adjusted with rate of inflation. The adjusted penalties for 2018 are as follows:

Type of Violation Penalty
 

General

 

$750 per violation

 

Serious

 

$12,934 per violation

 

Failure to Abate

 

$12,934 per day beyond abatement date

 

Willful or Repeated

 

$129,336 per violation

 

Criminal

(willful violation causes employee death)

 

$250,000 for individual

6 months prison

$500,000 for corporation

Celly Services is available to audit your facility for compliance with OSHA standards as applicable to the dealership. Please call us at (562) 704-4000 or email Sam at sam@cellyservices.com.

DISCLAIMER: The contents of this newsletter are merely for informational purposes only and not to be considered as legal advice. Employers must consult their lawyer for legal matters and safety consultants for matters related to safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA & OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at http://www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

Advertisements

SCAQMD Throughput Reporting Requirements, January 2016

SCAQMD RULE: ANNUAL REPORTING OF GASOLINE USAGE (AST AND UST)

All dealerships with aboveground storage tanks (AST) and/or underground storage tanks (UST) must report monthly throughput data for each month of 2015 to the SCAMQD by fax to (909) 396-3761.  Deadline for reporting is March 1, 2016.  Click here for the form.

Continue reading

Changes to CA Environmental Regulations & OSHA Penalties, December 2015

CAL-EPA REGULATIONS EFFECTIVE 1/1/16

90-Day Storage Limit:  Automobile dealerships generating more than 1,000 kg of hazardous waste per month must  dispose of hazardous waste within 90 days (otherwise the facility must obtain a storage permit, an arduous process).  Almost all dealerships generate more than 1,000 kg (about 300 gallons) of used oil and used coolant per month and hence, must limit storage to 90 days.  In the past, local enforcement agencies excluded used oil from these calculations so all dealers fell below the 1,000 kg/mo. level.  The new law, SB 612, clarifies the fact that all hazardous waste generated at the facility are counted towards the 1,000 kg/mo. calculation.  For facilities generating less than 1,000 kg/mo. of hazardous waste (Federal Term: Small Quantity Generator), the maximum accumulation time is 180 days or 270 days if the waste must be transported more than 200 miles for treatment and disposal.

In summary, each hazardous waste storage container must have a proper date of accumulation marked on each container along with EPA required waste labeling and secondary containment requirements.  The waste must be disposed of within 90 days of the start date.  Almost all facilities have used oil pickup on a 30-day or more frequent cycle.  However, other smaller waste streams, such as used coolant or contaminated fuel, are not on the radar screen.  Dealers must ensure that these wastes are now on a 90-day pickup cycle through a licensed and registered hazardous waste hauler.  Contact your hauler to set up a required pickup schedule immediately.

Continue reading

Foot Protection Requirements, October 2015

BACKGROUND: Safety inspections of the shop, parts, and car wash area have revealed that many employees are not wearing appropriate footwear that will protect them from foot injuries caused by crushing or falling objects, such as a rotor or a battery.  Penetrating actions may happen from a sharp object left on the shop floor. Also, footwear in the shop area must be slip resistant when employees are working on slippery surfaces, since slip hazards are common due to accidental spills of lubricants in the shop.  The porters in car wash are also subject to slip and fall hazards created by water and/or soap on the floor, and as such, their shoes must provide traction.

Continue reading

Workers’ Compensation, Experience-Modifier, and How Litigation is Adding to Our Claims, August 2015

Introduction:  Workers’ Compensation (WC) insurance costs to the dealership are increasing more than other costs and much faster than inflation.  In this newsletter, we explain:

  • How WC Insurance Premium is calculated based on payroll
  • How manual premium rates are based on risks of the worker, e.g., the office worker has a lower manual rate compared to an auto service technician due to hazards on the job
  • How employers with greater injury rates have a higher Experience Modifier (ex-mod)
  • How a higher ex-mod results in higher premiums
  • How WC rates have climbed over the years
  • How Medical Indemnity has more than doubled over 15 years
  • How Allocated Loss Adjustment Expense (ALAE) per Indemnity Claim has tripled over 15 years

Continue reading

California Regulations on Air Conditioning Equipment & Service Requirements, July 2015

Background: California has regulations on virtually everything, including what to look for when you are fixing the AC in a car. The AC regulations have been around since 2003 with relative low compliance. Last year, California Bureau of Automotive Repair (BAR) issued six-figure fines and ordered temporary suspensions of BAR license for failure to comply with California regulations, indicating that this is serious business. The awareness in the California dealer community on this issue is lacking so we have taken this step to inform dealers of this regulation and possible compliance steps.

Continue reading

Accident Investigation: The Who, What, When, Where, Why, and How, May 2015

Accident investigation should be the cornerstone of any safety program.  Many safety programs concentrate on safety inspections and training, but omit accident investigation.  Investigating accidents is not only a good idea, but also a requirement.  Below, we provide some guidance and tools to complete an accident investigation.

Continue reading