Common OSHA violations in construction

The list of violations issued by the U.S. Occupational Safety and Health Administration (OSHA) has not changed significantly over the years, raising concerns about workplace safety. Are employers doing enough to protect their workers? What exactly counts as an OSHA violation? And how can both employers and workers take steps to prevent injuries from falls?

If you’re hurt on the job, contact an experienced Houston construction accident lawyer at (713) 955-2215 for a free consultation about your legal options for compensation. In the meantime, keep reading to learn the most common OSHA violations on construction sites.

The #1 most common OSHA violation on construction sites

The most frequent OSHA violations on construction sites involve fall protection, which aligns with falls, falling objects, and tripping hazards, the most common causes of injuries among construction workers.

Fall protection is the most common violation with 5,084 reported incidents leading to over $28 million in penalties. OSHA Standard 1926.0501 mandates that all construction companies provide adequate fall protection.

What is fall protection?

Fall protection is the responsibility of site foremen, contractors, and owners. It ensures that any work performed at a level of six feet or higher off the ground has a safety net, personal fall arrest gear, or a guardrail system to prevent falls.

Falling through floor joists, off a roof, or scaffolding are the most common ways a construction worker could get hurt on a job site, but these aren’t the only fall threats. Other dangerous areas include:

Runways, ramps, or other above-ground walkways
Holes, including trenches, skylights, shafts, excavation pits, or wells
Chutes and other wall openings
Dangerous equipment in use above ground that could cause someone to fall or cause a deadly injury if it falls

OSHA also mandates that construction supervisors and property owners maintain adequate protection from falling objects. Even making hard hats mandatory may not be enough. Screens underneath cantilevered job sites, toe boards, or barricades can all help reduce fall injuries.

OSHA violation #2: Eye and face protection

In 2023, OSHA reported 2,032 eye and face protection violations in the construction industry.

According to OSHA standards, specifically under regulation 1926.102, employers are required to provide appropriate eye or face protection whenever there is a risk of injury from physical, chemical, or radiation agents. This includes situations where workers are exposed to flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gasses or vapors, or potentially injurious light radiation.

The protective gear must be:

Adequately fitting and comfortably wearable without interfering with the movement or vision of the wearer.
Durable and cleanable, capable of withstanding the environment it’s used in.
Clearly marked to identify the manufacturer and ensure the quality and strength of the protection offered.

OSHA violation #3: Ladders

In 2023, OSHA reported 1,852 violations of ladder safety standards in the construction industry.

OSHA’s regulations for ladder use in construction are detailed in Standard 1926.1053. These rules cover various aspects of ladder safety, including the design, installation, and maintenance requirements necessary to ensure safe use. Key provisions include:

Proper ladder choice – Employers must ensure that the type of ladder used is suitable for the task and that its weight capacity can handle the load it will bear, including the worker and any tools or materials.
Maintenance and inspection – Ladders must be regularly inspected for structural damage, corrosion, or other hazardous conditions. Damaged or defective ladders should be immediately removed from service.
Correct usage – Ladders should be used in accordance with the manufacturer’s recommendations. They must be placed on stable and level ground and at the correct angle, with the rule of thumb being that for every four feet in ladder height, the base should be one foot away from the wall.
Training – Workers should be trained on proper ladder usage, including how to carry, set up, and climb ladders safely to prevent falls or injuries.

OSHA violation #4: Head protection

In 2023, OSHA reported 1,038 violations related to improper use of ladders.

OSHA’s guidelines for head protection in the construction industry are outlined in Standard 1926.100. This standard specifies when and how head protection should be used, and the types of protective gear that meet safety requirements. Key elements include:

Provision of protective gear – Employers are required to provide head protection equipment that meets or exceeds the industry standards established by the American National Standards Institute (ANSI). Helmets must resist penetration and absorb the shock of a blow, and they must also protect against electrical shock.
Proper maintenance and inspection – Safety helmets must be regularly inspected for signs of damage to the shell and suspension system. Damaged helmets must be replaced immediately to ensure ongoing protection.
Training on proper use – Workers must receive training on the correct use of head protection, including how to adjust and wear the helmet to maximize protection.

OSHA violation #5: Aerial lifts

In 2023 alone, there were 707 reported violations involving ladders on construction sites.

OSHA’s regulations for aerial lifts are detailed in Standard 1926.453, part of the broader Safety and Health Regulations for Construction. These standards cover several crucial aspects of aerial lift operation:

Training and certification: – Operators must be trained and certified to use aerial lifts. Training should cover the specific types of lifts used, potential hazards, safe operating procedures, and emergency controls.
Pre-use inspections – Before use, aerial lifts must be inspected for any defects or malfunctions that could pose a safety risk. This includes checking control systems, safety devices, and mechanical components.
Use of safety gear – Operators and passengers must use appropriate fall protection gear when using aerial lifts. This typically includes harnesses and lanyards that are attached to designated anchor points on the lift.
Stable positioning – Aerial lifts must be used on stable and level surfaces to prevent tip-overs. Outriggers and stabilizers, if provided, must be used according to the manufacturer’s instructions.
Maintaining safe distances – Operators must maintain a safe distance from electrical power lines and other hazards to prevent electrocution and collisions.

Other notable OSHA violations

Hazard communication failure

Per OSHA hazard communication standards, your employer or site supervisor must provide clear information about all materials used on the site so that you understand what you’ll be working with.

Most chemicals you may use should be labeled properly using the universal Material Safety Data Sheets (MSDS). The sheet states the ingredients of each substance and the proper first aid if it is accidentally ingested, gets onto the skin or eyes, or is inhaled.

Lock-out/tag-out procedure failure

Lock-out/tag-out should be a universal safety standard. It easily protects people from malfunctioning equipment, prevents equipment that’s being worked on from accidentally being turned on, or indicates parts of the job site where there may be electrical work being done.

Per OSHA, lock-out/tag-out safety measures involve locking equipment that relies on electricity (e.g., “hot” machinery or live power lives) and placing the appropriate tag on it, indicating that it should not be used, nor should electricity be turned on nearby. The tag should indicate the nature of the equipment and its repair legibly.

Lack of respiratory protective gear

OSHA requires that every employee needing a respirator for protection while completing their job duties be given one. This is part of the company-provided safety gear for those working with paint, toxic fumes, and chemicals. It also applies to jobs like sandblasting or other roles where fine dust particles may get into the lungs.

OSHA also sets specific standards for construction, maritime, and general industrial respiratory protection. So, your employer may comply with the general OSHA requirements but still receive a violation for failing to adhere to respiratory protection requirements for construction workers.

Failing to provide proper respiratory protection can leave you susceptible to occupational illnesses like lung cancer, emphysema, asthma, or COPD.

Legal protection for people injured on construction sites

When timelines for completion are tight, it can be tempting for many construction site owners and supervisors to cut corners for safety. If you suffered an injury on a construction site or developed an occupational disease due to a lack of safety equipment or an OSHA violation, the attorneys at Havens & Associates want to hear your story.