When it comes to ensuring workplace safety, the Occupational Safety and Health Administration (OSHA) plays a critical role in California. Despite its efforts, there are still countless workplaces that fail to comply with OSHA regulations, leading to injuries, illnesses, and–in the worst-case scenario–fatalities.
By examining some of the most common OSHA violations in California, employees can gain a better understanding of the consequences of these violations and how to approach taking proactive steps to hold their employers accountable.
OSHA in California Workplaces
Being the federal agency responsible for setting and enforcing safety standards in the workplace, OSHA has a number of different responsibilities when it comes to these regulations. Generally speaking, OSHA operates concurrently with California’s Division of Occupational Safety and Health (Cal/OSHA) to achieve this. From day to day, these agencies carry out several key activities, including:
- Setting and enforcing safety standards – OSHA and Cal/OSHA set and enforce safety standards to protect workers from hazards in the workplace. They regularly review and update these standards to ensure they are effective.
- Conducting workplace inspections – These agencies, as part of their commitment to workplace safety, frequently conduct regular inspections of workplaces to identify hazards and ensure that employers are complying with safety regulations. Inspectors may also investigate workplace accidents and complaints from employees.
- Providing training and education – A huge part of these agencies’ responsibilities involve providing training and education to employers and employees on workplace safety topics. This includes online training, classroom training, and on-site training.
- Responding to complaints and violations – If OSHA or Cal/OSHA receives a complaint or identifies a violation of safety regulations, they will investigate the issue and take appropriate action, which may include issuing citations and imposing penalties.
- Collaborating with employers and employee representatives – Both agencies work with employers and employee representatives to develop and implement effective safety programs. They also provide guidance and resources to help employers and employees understand their responsibilities under safety regulations.
Overall, OSHA and Cal/OSHA play a critical role in promoting workplace safety in California. But because violations can result in serious injuries or fatalities in the workplace, it’s extremely important to understand these violations and how common they are. To that end, OSHA collects data on the most commonly cited violations.
Most Common OSHA Violations in California
As it relates specifically to California, OSHA and Cal/OSHA compile data that is released in a Field Accomplishments and Compliance Evaluation (FAME) report every year. This report is prepared by the OSHA and summarizes the agency’s inspection activity and enforcement actions. The most recent report was for the 2021 fiscal year, and found the following:
- In 2020, Cal/OSHA conducted 5,282 inspections and identified 11,011 violations.
- The top three industries with the highest number of inspections were construction, manufacturing, and agriculture.
- The most frequently cited standards were fall protection in construction, injury and illness prevention programs, and hazard communication.
Not surprisingly, avoiding common OSHA violations is one of the best ways to ensure safety in the workplace. While accidents can always happen, especially in more dangerous workplaces, several more common violations occur in California every day. These violations can have an immediate impact on your ability to remain safe while working. According to OSHA data, here are some of the most commonly cited violations in California:
Fall protection in construction (29 CFR 1926.501)
Fall protection is required when working at heights of six feet or more in the construction industry. Common violations include failure to provide fall protection equipment, failure to ensure proper installation of equipment, and failure to properly train workers on the use of fall protection equipment.
Hazard communication (29 CFR 1910.1200)
OSHA and Cal/OSHA require employers to provide information and training to employees about hazardous chemicals in the workplace. Common violations include failure to maintain safety data sheets, inadequate labeling of chemicals, and failure to provide proper training to employees.
Respiratory protection (29 CFR 1910.134)
All California employers must provide respiratory protection to employees when necessary to protect them from breathing in harmful dusts, fumes, or other airborne contaminants. Common violations include failing to provide adequate respiratory protection, such as N95 masks or respirators, or failing to conduct required medical evaluations of employees.
Lockout/tagout (29 CFR 1910.147)
Another one of the most common OSHA violations in California involves establishing procedures for locking out or tagging out energy sources during maintenance or repair work to prevent injuries from unexpected equipment startup. Common violations include failing to implement adequate lockout/tagout procedures or failing to properly train employees on those procedures.
Personal protective equipment, eye and face protection (29 CFR 1926.102)
California employers are also required to provide appropriate eye and face protection to employees when there is a risk of injury from hazards such as flying debris, chemical splashes, or radiation. Common violations include failing to provide eye and face protection or failing to ensure that the equipment is properly maintained.
Encountering these violations can be extremely demoralizing, especially when your employer won’t take action to correct them. Not only does it endanger you and your coworkers, but it ultimately hurts everyone’s ability to do business and make money.
Hold Your Employer Accountable With Maison Law
The safety and well-being of you and your coworkers should always be your employer’s top priority. However, many California employers disregard safety protocols and put their workers at risk. When this happens, they should face consequences and be held accountable under the law.
At Maison Law, our team of experienced California employment lawyers can help you or any other employee take the necessary steps to ensure safety in the workplace. No matter what the violation is, we’ll be there to guide you through the process of filing a claim and getting the benefits and support you deserve. Contact us today for a free, no-obligation consultation to get started.
