By Hao Nguyen, Esq.
Senior Product and Regulatory Counsel
Like how children used to wait for the Toys R’ Us holiday catalog, health and safety compliance folks eagerly wait for the release of OSHA’s list of most frequently cited standards every year. The wait is over as they unveiled these statistics during this year’s National Safety Council (NSC) Safety Congress & Expo. These numbers are important because they provide valuable insight to companies and safety professionals to help them understand not only OSHA’s priorities, but also what they should emphasize during the next year. We’ll show you the numbers and then generally discuss their application in the automotive industry. Note that these numbers are not specific to the automotive industry. However, they are no less important to help us forecast OSHA’s priorities moving forward.
The good news is that the overall number of violations in each category has gone down, but some categories have moved positions even though the top 10 categories remain the same.
|
OSHA Top 10 Most Frequently Cited Standards |
|||||
|
Fiscal Year 2023 |
|
Fiscal Year 2024 |
|||
| # |
Category (Standard) |
Violations | Change | Category (Standard) |
Violations |
| 1 | Fall Protection, Gen. Requirements (1926.501) |
7,271 |
— |
Fall Protection, Gen. Requirements (1926.501) |
6,307 |
| 2 | Hazard Communication (1910.1200) |
3,213 |
— |
Hazard Communication (1910.1200) |
2,888 |
| 3 | Ladders (1926.1053) |
2,978 |
— |
Ladders (1926.1053) |
2,573 |
| 4 | Scaffolding (1926.451) |
2,859 |
↑3 |
Respiratory Protection (1910.134) |
2,470 |
| 5 | Powered Industrial Trucks (1910.178) |
2,561 |
↑1 |
Lockout/Tagout (1910.147) |
2,443 |
| 6 | Lockout/Tagout (1910.147) |
2,554 |
↓1 |
Powered Industrial Trucks (1910.178) |
2,248 |
| 7 | Respiratory Protection (1910.134) |
2,481 |
↑1 |
Fall Protection, Training (1926.503) |
2,050 |
| 8 | Fall Protection, Training (1926.503) |
2,112 |
↓4 |
Scaffolding (1926.451) |
1,873 |
| 9 | Personal Protective and Lifesaving Equipment, Eye/Face (1926.102) |
2,074 |
— |
Personal Protective and Lifesaving Equipment, Eye/Face (1926.102) |
1,814 |
| 10 | Machine Guarding (1910.212) |
1,644 |
— |
Machine Guarding (1910.212) |
1,541 |
Fall Protection, General Requirements
This section sets forth requirements for employers to provide fall protection systems…The employer shall determine if the walking/working surfaces on which its employees are to work have the strength and structural integrity to support employees safely. 29 CFR §§ 1910.501(a)(1)-(2)
All employers have a duty to provide fall protection systems at the worksite. If you’re thinking this speaks to body harnesses (i.e. personal fall arrest systems) and the like, you would not be wrong. However, this also includes infrastructure that would prevent slips, trips, and falls or provide further protection for employees should these things occur. For example, if there is a “leading edge,” or a working or walking surface that is at least six feet above a lower level with an unprotected side or edge, employers are required to provide guardrails, safety nets, or personal fall arrest systems (as mentioned above). Additionally, the people below should be protected from falling objects by a toe board, screens, guardrail systems, and safety helmets.
Hazard Communication
The purpose of this section is to ensure that the hazards of all chemicals produced or imported are classified, and that information concerning the classified hazards is transmitted to employers and employees…The transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, safety data sheets and employee training. 29 CFR § 1910.1200(a)(1)
It seems like “Hazard Communication” always takes a spot in the top 10 list because it is so comprehensive. A proper hazard communication program includes a written policy, proper primary and secondary container labeling for hazardous chemicals, a comprehensive safety data sheet (SDS) manifest that evolves as chemicals are removed from service and new ones are introduced, easy employee access to these SDS manifests, and comprehensive employee training that includes chemical awareness and action in emergency situations. There are a lot of moving parts and you need to stay on top of each of them.
One additional note here is that OSHA amended the Hazardous Communication Standard, published the final rule on May 20, 2024, and it has taken effect on July 19, 2024. Essentially, the SDS will be significantly updated and all employers will need to update their SDS manifests accordingly. Knowing that this is a large undertaking, OSHA has created a tiered approach in the compliance date as outlined below in OSHA’s FAQ.
| Compliance Date | Requirements | Who |
| 18 months after publication | Update labels and SDSs for substances | Chemical manufacturers, importers, distributors and employers |
| 24 months after publication date | Update workplace labels, hazard communication program and training as necessary | Employers |
| 36 months after publication | Update labels and SDSs for mixtures | Chemical manufacturers, importers, distributors and employers |
| 42 months after publication | Update workplace labels, hazard communication program and training as necessary | Employers |
| Transition Period – July 19, 2024 to the effective completion dates noted above | May comply with either 29 CFR 1910.1200 (this final standard), or the previous (2012) standard, or both | Chemical manufacturers, importers, distributors, and employers |
Ladders
The following requirements apply to all ladders as indicated, including job-made ladders. 29 CFR § 1910.1053(a)
Ladders can be used in multiple applications in the dealership and the inherent nature of the various departments can lead to confusion and, thus, OSHA violations. Let me explain with an example. Ladders are predominantly used in a dealership’s service department and every person within the department is trained in their use. The staff also knows that the green ladder is the oldest of the bunch having seen decades of use and needs to be trashed, but no one does for sentimental reasons. Rather, they just put it in a corner and don’t use it. A new salesperson notices that the fluorescent light bulb went out in one of the offices and has taken it upon himself to grab a ladder from the service department to replace the bulb. Not knowing that the green ladder is out of service, he uses it because it’s the only one there. The moment his leather oxford shoe’s sole hit the overly worn out seventh rung, he slipped, fell, and broke his arm when he tried to brace his fall.
Not only should every employee be trained on their proper use, but ladders should constantly be checked for any structural defects or maintenance issues and documented accordingly. Also, ladders should only be used as ladders and not to prop up other equipment, as a walkway between two platforms, or a shelving system.
Respiratory Protection
“…The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program…” 29 CFR § 1910.137(a)(1)
A good respiratory protection program should identify when respiratory protection equipment is required and train employees in its proper use and maintenance. Additionally, employees should be properly fit for the respirators to ensure their efficacy and, if necessary, the employer must provide medical evaluations at no cost to the employee as respirators place significant physiological burdens on employees. Of course, document everything!
Lockout/Tagout
This standard covers the servicing and maintenance of machines and equipment in which the unexpected energization or start up of the machines or equipment, or release of stored energy could cause injury to employees. This standard establishes minimum performance requirements for the control of such hazardous energy. 29 CFR § 1910.147(a)(1)(i)
The concept of lockout/tagout seems straightforward enough: don’t use “Machine X” until “Machine X” is properly fixed. However, it is not easy for many to remember once the stress of the day starts. If a piece of energized equipment needs to be fixed, cleaned or otherwise worked on, the proper method is to shut down the equipment (if it is not off already) and lock it to prevent its use until the maintenance is completed. This would prevent the machine from accidentally energizing and causing injury (or even death) to anyone working on or close to the machine. There is no shortage of lockout/tagout examples in the auto industry, so I won’t repeat them. However, I want to impress upon you the importance of lockout/tagout even in situations where energized equipment is not involved. Remember the example earlier about the “green ladder”? A service employee could have placed a lock on it to prevent its use until its proper disposal (or entry into the dealership’s museum).
Powered Industrial Trucks
This section contains safety requirements relating to fire protection, design, maintenance, and use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. 29 CFR § 1910.178(a)(1)
As applied to the automotive industry, “powered industrial trucks” is the formal name for forklifts and motorized hand trucks. Make sure that every employee who uses the forklifts is properly trained on their operation. This means that they receive both online or classroom instruction and hands-on training where they can demonstrate their ability to use the powered equipment. Additionally, the forklifts must be properly inspected every day for safety (horn, reverse signals, seatbelts, etc.) and maintenance.
Fall Protection, Training
The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards. 29 CFR § 1926.503(a)(1)
You have to assume that fall protection is something that OSHA remains extremely vigilant about if it is to appear in the top 10 list as two separate entries! This point speaks specifically to training employees. As noted earlier in the prior point about fall protection, the topic is far more involved than just arrest systems. Rather, it is a holistic, organizational approach that involves individual knowledge as well as building operations, such as toe guards and stanchions (to prevent folks from walking into fall hazards).
Scaffolding
Scaffolding can present plenty of issues in the dealership. They can be erected to service large vehicles, work on overhead systems (like ventilation or lighting), temporary paint booth access, parts storage maintenance, or building maintenance. Regardless of the application, it is important that you take all precautions in the construction but also daily operations of the temporary (or permanent) scaffolding. By this I mean to ensure that you’re using proper personal fall arrest systems where appropriate, guardrails, toe boards, and hazard recognition. Train your staff efficiently to ensure that they all have their hardhat-covered heads on a swivel either on or around scaffolding.
Personal Protective and Lifesaving Equipment, Eye/Face
The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gasses or vapors, or potentially injurious light radiation. 29 CFR § 1926.102(a)(1)
I’m sure we’re all aware of the importance of eye and face personal protective equipment (PPE) in the service department. Whether your staff is grinding down metal or performing routine oil changes on a lifted vehicle, proper eyewear and face protection is imperative to protect them from flying particles and debris. Though the instruction is easy (“wear eye and face protection everyone”), in reality, its application may be a bit more difficult. Many situations and excuses may arise where the PPE is not worn: the glasses fog up, the lenses are heavily scratched, the face shield is uncomfortable or the eye protection doesn’t fit over prescription glasses. Whatever the reason is, it is further exacerbated because the action that requires the PPE may be “only for a few seconds.” Meaning, your staff only needs to make a small cut, a quick grind, or a simple oil change.
Remove any and all of these excuses by ensuring that the PPE is properly stored when not in use, routinely refreshed with working condition PPE, and properly fitted to the users.
Machine Guarding
One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. 29 CFR § 1910.212(a)(1)
All machines must have their proper guards in place to protect users and others from flying debris or accidentally catching their extremities. If you haven’t had this in place already, consider a policy whereby all staff who work on these specific machines do not wear jewelry that may either mistakenly catch on these machines or render the guards useless in protecting the user or those nearby.
Questions?
If you have any questions about anything that has been covered above – including training, policies, and inspections – do not hesitate to contact us! ComplyAuto offers unmatched tools to help you identify and remediate issues automatically, covering everything from environmental health and safety to HR compliance, privacy, cybersecurity, service and repairs, and F&I and advertising compliance. Our bundled pricing options are increasingly popular, and can simplify your operations while offering significant cost savings and comprehensive protection across all areas of your business. ComplyAuto is truly now the complete compliance platform for dealers.