New York Labor and Employment Law Report
Fall Protection: Most Common OSHA Violation for 2011
December 13, 2011
Although the data for 2011 is not yet final, OSHA expects problems related to employees falling off scaffolds, roofs, ladders, and other high places to be the top violations cited in 2011. In addition, the most frequently violated standard subsection is expected to be the rule covering residential construction (29 C.F.R. Section 1926.501(b)(13)). Other top violations are expected to include: hazard communication; respiratory protection; lockout/tagout; electrical, wiring methods; powered industrial trucks; electrical, general requirements; and machine guarding.
OSHA's data serves as a reminder to employers that falls are the leading cause of deaths among construction workers. They account for approximately one-third of all construction fatalities. Generally speaking, OSHA's fall protection standard requires that anyone working at heights of six feet or more be provided with fall protection. OSHA does not necessarily mandate the type of fall protection that must be used in any given situation, but rather offers many methods to achieve compliance. A combination of different fall protection measures are often appropriate. Fall protection strategies may include some of the following measures:
- Fall prevention methods, such as the use of guardrails, warning lines, controlled access zones, hole covers, or safety monitoring systems;
- Fall arrest systems, including the use of safety nets or full-body harnesses;
- Fall protection plans, which are administrative controls that rely on special training and specific work practices and protocols; and
- Employee training, which focuses on identifying hazards and demonstrating proficiency in the use of fall protection systems.
As we head into 2012, we are reminded of the words of Dr. Carl Sagan: "You have to know the past to understand the present." Employers can certainly learn from this past OSHA data by reviewing the adequacy of their fall protection measures, so that they can avoid potential OSHA violations in the future.
