As NRCA attorneys, we believe the most important way to avoid OSHA violations and subsequent penalties is through job site preparation, established safety protocols, and a knowledge of construction industry standards. OSHA inspections are almost always unexpected and can occur as a result of a complaint, a random jobsite or company selection, an employee fatality, or an accident leading to the hospitalization of three or more employees.
During a walk-through, the OSHA compliance officer will look for “apparent violations” that put the safety and health of employees at risk. Specific citations, penalties, and abatement periods will be provided after the inspection.
When dealing with OSHA violations, it is always recommended to seek out legal advice from a knowledgeable NRCA lawyer who can guide you through the appropriate steps to contest the citation.
Understanding Common OSHA Violations
Understanding common OSHA violations will allow your company to assess your current operations for potential safety violations. Our NRCA lawyers have outlined the 10 most common violations according to the United States Department of Labor.
1. Employers not providing proper fall protection for workers at heights of 4 feet or more.
2. Violation of HAZCOM standards by improper labeling or lack of safety data sheets.
3. Scaffolding that is unable to withstand the weight of workers or dangerous debris falling from planks.
4. Gear that does not provide respiratory protection for workers from toxic fumes, gases, or vapors.
5. Improper equipment that may cause harm to workers upon starting the machinery.
6. Violations of OSHA standards in the operation of industrial trucks such as forklifts or cranes.
7. Improper wiring or electrical components that provide electrocution risks to employees.
8. Violation of OSHA’s protocols for ladder safety that could contribute to worker injury or fatality.
9. Violations of general safety requirements related to the proper use of machinery, including the proper use of safety equipment.
10. General electrical violations or improper electrical system design.
If you have been cited for these or other OSHA violations, take the time to speak with an NRCA lawyer for advice on the appropriate steps to lessen potential damage to your firm’s professional reputation, severe fines, or interruptions to your operations.
To speak with an experienced NRCA attorney from Trent Cotney, P. A., please call us today at 813.579.3278 or submit our contact request form.
Disclaimer: Cotney Construction Law does not provide legal counsel to the NRCA, but is a member and provides legal services to many other member companies.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.