June 7, 2022

Top 10 OSHA Violations in the Construction Industry – 2021 Fiscal Year

By Angelo M. Filippi

Construction sites are some of the most dangerous workplaces out there. Employers are legally obligated to maintain safe worksites and are responsible for ensuring their workers are prepared and adequately trained. When employers fail to meet this responsibility, accidents can occur that leave workers seriously injured. Injured workers can then file a claim for workers’ compensation benefits.

The Occupational Safety and Health Administration (OSHA) is a federal agency tasked with setting and enforcing workplace safety regulations for various industries in the United States. These safety regulations are designed to protect workers, and employers must follow them. When employers are found to have violated these standards, OSHA will issue a citation, which can result in monetary fines and other harsh penalties.

What are some common construction site injuries?

 OSHA keeps records of the most frequently cited violations each year and the most cited standards within a particular industry, such as construction, manufacturing, energy, and health care.

Below are the top 10 most frequently cited OSHA standards for the construction industry for the 2021 fiscal year (October 1, 2020, to September 30, 2021).[1]

  1. Duty to Have Fall Protection.

Cited Standard Number: 1926.501.

  1. Ladders

Cited Standard Number: 1926.1053.

  1. Scaffolds – General Requirements.

Cited Standard Number: 1926.451.

  1. Fall Protection – Training Requirements.

Cited Standard Number: 1926.503.

  1. Eye and Face Protection.

Cited Standard Number: 1926.102.

  1. General Safety and Health Provisions.

Cited Standard Number: 1926.100.

  1. Head Protection.

Cited Standard Number: 1926.100.

  1. Specific Excavation Requirements.

Cited Standard Number: 1926.651.

  1. Aerial Lifts.

Cited Standard Number: 1926.453.

  1. Hazard Communication.

Cited Standard Number: 1910.1200.

These OSHA reports help to provide transparency and serve as an effective means to alert both employers and employees about the most crucial risks in the workplace. It is worth noting that the list above is similar to OSHA’s report of the top construction industry violations for 2020, 2019, and 2018, making the standards critical areas of concern for construction employers.

When equipped with this kind of information, employers can prioritize policies and procedures, reduce work-related injuries, and ensure compliance with the required safety standards. Employers that take proactive steps to meet OSHA requirements can avoid run-ins with OSHA (as well as serious penalties and fines) and maintain a safe, healthy, and productive workplace.

A qualified attorney can help employers understand their complex legal obligations and ensure compliance with OSHA and other federal, state, and local laws.

Kelley Kronenberg Can Help

Construction industry employers and professionals can rely on Kelley Kronenberg for experienced and cost-effective legal services and representation. As part of a cross-disciplinary full-service national firm, Kelley Kronenberg offers complete legal services tailored to the unique needs of our construction industry clients.

Our Construction and Labor & Employment attorneys are industry leaders with decades of combined experience. We have a deep understanding of the law and extensive court experience handling a wide range of routine and complex matters. Our integrated team of attorneys work together to meet the needs and objectives of our clients, including labor & employment matters, OSHA, compliance, job site accidents, workers’ compensation, HR consulting, contract drafting and negotiations, as well as construction defects and litigation.

We invite you to contact the attorneys at Kelley Kronenberg to learn more about how we can help you.

Angelo M. Filippi a Partner and Business Unit Leader at Kelley Kronenberg, focusing his practice on Labor & Employment Law.

Contact Angelo M. Filippi at:
Phone: (800) 431-0574
Email: afilippi@kklaw.com


DISCLAIMER: This article is provided as a courtesy and is intended for the general information of the matters discussed above and should not be relied upon as legal advice. Neither Kelley Kronenberg, nor its individual attorneys or staff, are responsible for errors, omissions and/or typographical errors – always seek competent legal counsel.

[1].          https://www.osha.gov/pls/imis/citedstandard.naics?p_esize=&p_state=FEFederal&p_naics=23