OSHA’s latest lists of the federal safety regulations most often violated by employers distinguish between serious (neglectful) and willful (intentional) violations.
OSHA’s final statistics for fiscal year (FY) 2019 have been released and Illinois’ internationally respected safety advocates at the National Safety Council have compiled the OSHA lists for both the (1) Top Ten “Serious” Violations of the federal worker safety regulations found in the Code of Federal Regulations (CFR) as well as the (2) Top Ten “Willful” Violations of these safety CFRs.
For full details, read “OSHA’s Top 10 most cited violations for 2019,” written by Kevin Druley and published on November 24, 2019 by Safety & Health Magazine where the article includes an interview with OSHA’s deputy director on the findings.
Two Types of Violations by Employers: Willful or Serious
Two lists are presented by OSHA for 2019, dividing the federal violations into two groups based upon the motivation or intent of the employer. Companies’ knowing violation of federal regulations is separated into a different list from employers who acted neglectfully in doing so.
1. Willful Violation
OSHA defines a “willful” violation as one “committed with an intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act and requirements.”
2. Serious Violation
OSHA defines a “serious” violation as “one in which there is a substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.”
These distinctions are very important for accident victims of these federal safety violations who are severely injured or killed as a result of the company’s violation of federal law.
Under state and federal law, any party who causes the serious bodily injury or death of someone because of their intentional acts can face significant damages that may well exceed those assessed against someone whose mistake or error resulted in the victim’s harm. It is possible that an employer found to have committed a willful violation that resulted in a worker’s death will face criminal charges, as well.
Top Ten Company Safety CFR Violations During 2019
Considering how horrific work accidents can be when safety regulations are violated, some may assume that serious or willful violations would be rare in this country. This is not true. Time and again, the same federal regulations are disregarded regardless of the potentially deadly consequences.
For the ninth (9th) year in a row, violations of 29 CFR 1926.501 – Fall Protection, General Requirements, was the top federal regulation violated in this country by employers.
Another concern: the overlapping of so many safety regulations on both the “willful” and “serious” lists, showing rampant employer disregard for worker safety involving things like fall protection; scaffolding; lockout/tagout; machine guarding; and respiratory protection.
Most Common Willful Violations in 2019
- Fall Protection, 29 CFR 1926.501: total willful violations, 164
- Requirements for Protective Systems, 29 CFR 1926.652: total willful violations, 31
- Permit-Required Confined Spaces, 29 CFR 1910.146: total willful violations, 28
- Scaffolding, 29 CFR 1926.451: total willful violations, 17
- Lockout/Tagout, 29 CFR 1910.147: total willful violations, 14
- Machine Guarding, 29 CFR 1910.147: total willful violations, 13
- Specific Excavation Requirements, 29 CFR 1926.651: total willful violations, 12
- Asbestos, 29 CFR 1926.134: total willful violations, 11
- Respiratory Protection, 29 CFR 1910.134: total willful violations, 9
- Fall Protection, Training Requirements, 29 CFR 1926.503: total willful violations: 8
Most Common Serious Violations in 2019
- Fall Protection, 29 CFR 1926.501: total serious violations, 5677
- Scaffolding, 29 CFR 1926.451: total serious violations, 2939
- Hazard Communication, 29 CFR 1910.1200: total serious violations, 2754
- Ladders, 29 CFR 1926.1053: total serious violations, 2463
- Lockout/Tagout, 29 CFR 1910.147: total serious violations, 2415
- Respiratory Protection, 29 CFR 1910.134: total serious violations, 1902
- Machine Guarding, 29 CFR 1910.147: total serious violations, 1737
- Powered Industrial Trucks, 29 CFR 1910.178: total serious violations, 1593
- Fall Protection, Training Requirements, 29 CFR 1926.503: total serious violations: 1584
- Personal Protective and Life Saving Equipment – Eye and Face Protection, 29 C.F.R. 1926.102: total serious violations: 1449.
Legal Remedies for Victims of Willful or Serious Violations of the OSHA Safety Regulations
When a federal safety regulation is disregarded or even worse, intentionally ignored, then workers are placed at risk of serious injury on the job. Accident victims that are hurt because of the failure to follow OSHA regulations may suffer permanent incapacities or even die as a result of their injuries. Workers are not the only victims here in many situations: families can be devastated by their loved one’s on-the-job accident that is the result of a failure to follow established federal safety laws.
In any situation where there has been a severe or fatal worksite accident, it is vital for the victim to investigate the reasons for the incident and whether or not safety rules and regulations were violated. Workers also need to know whether or not their claims fall under OSHA jurisdiction; state workers’ compensation statutes; or specific laws established to protect employees in certain dangerous industries, e.g., railroad workers under FELA.
For more, see:
- Companies Ignore OSHA Safety Regulations and Workers Get Hurt on the Job
- Top 10 OSHA Workplace Safety Violations in 2019: Employers Violating Safety Laws
- Job Site Injury in Illinois or Indiana: When Accidents at Work Are Not Worker’s Compensation Claims
- How Dangerous Is It To Be A Railroad Worker In Indiana or Illinois Today?
- Deadly Construction Accidents: Falls Remain a Leading Cause of Death for Construction Workers
It is an insult to workers here in Indiana and Illinois, as well as the rest of the nation, that the exact same safety regulations are continually violated by employers, year after year. Especially for those in the construction industry, having nine years of continued fall protection regulation violations is particularly dire.
Workers must be aware that while there are safety laws on the books, employers may not follow them and some companies may intentionally turn a blind eye to employee safety. Please be careful out there!
