Kushnick | Pallaci PLLC Attorney At Law

10 Most Common Reasons Construction Companies Receive OSHA Violations

10 Most Common Reasons Construction Companies Receive OSHA Violations

Share This Post

Share on facebook
Share on linkedin
Share on twitter
Share on email

Introduction

Safety isn’t just a priority in the high-stakes construction world—it’s a legal and ethical obligation. Yet, despite stringent regulations and extensive safety protocols, construction companies often grapple with Occupational Safety and Health Administration (OSHA) violations. These violations jeopardize worker safety, incur hefty fines, and damage a company’s reputation.

Understanding the root causes of these violations is crucial for every construction firm aiming to uphold safety standards and compliance. This post delves into the ten most common reasons (in our experience) construction companies receive OSHA violations, providing insights and actionable tips to mitigate risks and ensure a safer working environment.


1. Lack of Fall Protection

OSHA Regulation: Falls are among the leading causes of fatalities in construction, making fall protection a top priority for OSHA compliance.

Common Violations: Failure to provide adequate fall protection systems such as guardrails, safety nets, or personal fall arrest systems (PFAS).

Impact: Heavy fines and increased risk of serious injuries or fatalities.

Preventive Measures: Implement comprehensive fall protection plans, conduct regular training sessions on proper equipment usage, and perform thorough inspections of fall protection systems.


2. Scaffolding Hazards

OSHA Regulation: Scaffolding must be erected and maintained according to specific safety standards to prevent falls and structural failures.

Common Violations: Improper assembly, lack of guardrails, inadequate access, and failure to secure scaffolds properly.

Impact: Potential for serious falls, injuries, and fatalities. Substantial fines from OSHA.

Preventive Measures: Regularly inspect scaffolding, ensure workers are trained in safe assembly and usage, and strictly adhere to OSHA scaffold standards.


3. Hazard Communication Failures

OSHA Regulation: The Hazard Communication Standard (HazCom) mandates that construction companies inform employees about chemical hazards they may encounter on the job.

Common Violations: Inadequate labeling of hazardous chemicals, lack of safety data sheets (SDS), and failure to train employees on chemical risks.

Impact: Increased risk of chemical exposure incidents and fines for non-compliance with HazCom standards.

Preventive Measures: Develop a robust hazard communication program, provide comprehensive training on chemical hazards, and ensure all chemicals are properly labeled and stored.


4. Respiratory Protection Issues

OSHA Regulation: Construction workers exposed to airborne contaminants must be provided with proper respiratory protection.

Common Violations: Failure to conduct respiratory hazard assessments, improper respirator selection, and inadequate fit testing or training.

Impact: Respiratory illnesses, fines for non-compliance with respiratory protection standards.

Preventive Measures: Conduct thorough respiratory hazard assessments, provide appropriate respirators, conduct fit testing, and train workers on proper usage and maintenance.


5. Electrical Hazards

OSHA Regulation: Electrical hazards are a significant concern in construction, requiring adherence to specific safety standards.

Common Violations: Exposed wiring, improper grounding, and lack of proper lockout/tagout procedures.

Impact: Electrocution, fires, fines, and potential damage to equipment.

Preventive Measures: Implement comprehensive electrical safety programs, ensure qualified electricians handle electrical work, and regularly inspect electrical systems.


6. Ladder Safety Issues

OSHA Regulation: Improper ladder use is a leading cause of construction injuries and fatalities.

Common Violations: Using the wrong type of ladder, overreaching, and placing ladders on unstable surfaces.

Impact: Falls resulting in injuries or fatalities and fines for ladder safety violations.

Preventive Measures: Train workers on ladder safety, inspect ladders regularly, and ensure proper ladder selection and usage according to OSHA standards.


7. Machine Guarding Deficiencies

OSHA Regulation: Machinery in construction must have adequate guards to protect workers from moving parts and other hazards.

Common Violations: Missing or inadequate machine guards, failure to implement lockout/tagout procedures during maintenance.

Impact: Serious injuries, including amputations, and fines for machine guarding violations.

Preventive Measures: Conduct regular machinery inspections, install proper guards, and train workers on lockout/tagout procedures.


8. Inadequate Personal Protective Equipment (PPE)

OSHA Regulation: Employers must provide appropriate PPE to protect workers from job-specific hazards.

Common Violations: Failure to provide or enforce the use of PPE such as helmets, gloves, eye protection, and hearing protection.

Impact: Increased risk of injuries or illnesses, fines for non-compliance with PPE standards.

Preventive Measures: Develop a PPE program, provide necessary equipment, enforce usage policies, and conduct regular assessments of PPE effectiveness.


9. Unsafe Excavations and Trenching Practices

OSHA Regulation: Excavations deeper than five feet must have protective systems in place to prevent cave-ins.

Common Violations: Lack of trench protective systems, failure to test for hazardous atmospheres, and inadequate worker training.

Impact: Cave-ins leading to injuries or fatalities, fines for excavation violations.

Preventive Measures: Conduct soil analysis, implement protective systems (trench boxes, shoring, etc.), provide training on excavation safety, and conduct regular inspections.


10. Failure to Implement Comprehensive Safety Programs

OSHA Regulation: A lack of overall safety programs or failure to follow existing safety protocols can lead to various violations.

Common Violations: Absence of written safety programs, inadequate safety training, and failure to conduct regular safety audits.

Impact: Increased likelihood of accidents, injuries, and OSHA fines.

Preventive Measures: Develop and implement comprehensive safety programs, provide regular training to employees, conduct audits, and ensure continuous improvement in safety practices.


Conclusion

Navigating the complex landscape of OSHA regulations is a critical aspect of running a successful construction business. By addressing these ten common reasons for OSHA violations head-on, construction companies can significantly enhance workplace safety, reduce the risk of costly fines, and, most importantly, protect the well-being of their employees. Embracing a proactive approach to safety ensures compliance with regulations and fosters a culture where safety is paramount in every construction project.

For more insights and guidance on maintaining OSHA compliance and improving safety standards in construction, consult with industry experts and leverage resources provided by OSHA and other safety organizations.

Remember, in construction, safety is everyone’s responsibility—from the ground up.

More To Explore

Disputing a mechanic’s lien in New York

Listen to KP’s Vincent Pallaci discuss various tools for challenging a mechanic’s lien in New York. Topics include the Lien Law Section 19 facial challenge

Kushnick | Pallaci PLLC Attorney At Law​

Need Help With a Legal Issue?

From contracts, to payment application disputes to construction defect claims we can help.  We can often assess your situation and your options during a free initial consultation. Contact us at (631) 752-7100 or (212) 752-7155 to schedule an appointment or contact us via the web by clicking here.