What Are OSHA’s Top Safety Violations?

Every year, thousands of workers go to emergency rooms for occupational injuries and illnesses. Some of these workers will never recover. Although any workplace can be the setting of a worker accident, injuries and deaths are more common in hazardous work environments. One thing that can make a workplace more dangerous is OSHA safety standard violations.

What Is OSHA?

The Occupational Safety and Health Administration (OSHA) is a federal organization created in 1970 to ensure safe and healthy working conditions. OSHA creates and enforces safety standards that all industries, employers and workplaces must abide by. OSHA inspectors investigate hazardous work condition claims and check workplaces for broken safety standards. If an employer does violate an OSHA rule, and this leads to worker injury or death, this would allow the injured employee (or surviving family members) to file a lawsuit against the employer, in most cases.

Most Commonly Cited Safety Violations

Part of what OSHA does to improve the safety of the workplace for U.S. workers is to keep track of all occupational injuries and deaths, as well as OSHA standards violated. According to OSHA’s most recent worker fatality report, 5,333 workers lost their lives on the job in 2019. The deadliest industry was construction, accounting for about 20 percent of all worker fatalities. Statistics for 2019 listed the following 10 most commonly cited OSHA safety violations:

1. Fall protection in construction
2. Hazard communication
3. Respiratory protection
4. Scaffolding requirements
5. Ladder safety
6. Control of hazardous energy
7. Industrial truck safety
8. Fall protection training
9. Eye and face protection
10. Machinery and machine guarding requirements

Many of these violated safety standards are found in construction, including scaffolding, ladder, industrial trucks and fall protection standards. If you were injured in a construction accident that could have been prevented by your employer or a coworker, you may have grounds to file an injury claim against the at-fault party for violating an OSHA safety standard. You could also have grounds for an injury claim against a different type of employer if the company or a manager violated an OSHA safety standard and this contributed to your accident.

What Are Your Rights After an OSHA Violation?

Violating an OSHA standard can lead to severe injuries, including broken bones, head injuries and spinal cord injuries. If you were injured due to a safety hazard at work, your rights will depend on whether your employer is to blame. If an investigation of your accident finds that your employer broke an OSHA rule, such as by failing to provide proper personal protective equipment or employee training, you may be able to file an injury lawsuit against your employer.

Note, however, that you cannot sue your employer if you have already accepted a workers’ compensation settlement in Texas. If your employer has workers’ comp insurance (this insurance is not mandatory in Texas), accepting these benefits means you agree to give up your right to file a lawsuit against your employer. You can, however, still bring a lawsuit against someone other than your employer, such as a contractor or product manufacturer. You also have the right to report the violation to OSHA without fear of punishment or retaliation.

It is important to speak to an attorney before accepting a workers’ compensation settlement if you believe a violated OSHA standard caused or contributed to your workplace accident. Your employer may be liable for your losses for failing to adhere to OSHA’s requirements. If so, a personal injury claim against your employer could result in greater financial compensation than workers’ comp. A lawyer can carefully evaluate your claim and review your legal options in detail with you and your family. Contact an attorney today for more information about your case.