We continually monitor recent actual OSHA citations in Texas to learn more about what compliance officers look for when conducting OSHA inspections and how it could impact our clients, who are always on the lookout for ways to improve workplace safety and avoid OSHA fines and penalties.
In addition to issuing citations for violations of 1910 (General Industry) and 1926 (Construction) standards, OSHA also has a “catchall” called the General Duty Clause which allows compliance officers to issue fines for hazards that aren’t covered in these formal standards. In summary, the General Duty Clause mandates that workplaces must be free of “recognized” health and safety hazards, and it’s the employers responsibility to not only identify but also fix any such “recognized hazards.”
Common “recognized hazards” that fall under this standard include heat exhaustion, exposure to cold, workplace violence, as well as hazards created by various pieces of specialized equipment.
See the table below containing a long list of other General Duty Clause and other obscure OSHA citations, OSHA standard reference, citation details and our suggested corrective actions:
| Citation | Standard Reference | Requirement | Finding | Notes |
| Serious | Section (5)(a)(1) -General Duty Clause | Did not furnish employement and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious harm to employees exposed to struck by hazards | Damaged warehouse pallet rack system were used to store materials weighing up to 3,000lbs per shelf overhead. Exposing employees to the hazard of being struck by falling racks and materials | OSHA recommended following ANSI MH16.1-2012, Specifications for the Desigh, Testing and Utilization of Industrial Steel Storage Racks. ANSI calls for regular inspections for damage and if found, to isolate the affected area. Have a storage rack design professional evaluate damage and unload, replace or repair if directed any damaged columns, beams or other structural components to restore the system to at least its origional design capacity. Also requires all pallets to be maintained in good, safe, operating conditions |
| Serious | Section (5)(a)(1) -General Duty Clause | ): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to being struck-by unstable stored material. | Employees in the freezer storage area were exposed to struck-by hazards while working near a storage rack that had missing and damage structural support legs. Material was stored above the non-supported areas. Among other feasible methods to correct the identified hazard, one method would be to follow the requirements found in the American National Standards Institute, standard MHl 6.1 (2008), Specification for the Design, Testing and Utilization of Industrial Steel Storage Racks, section 1.4.1. Owner Maintenance: which requires regular inspections for damage and if damage is found, immediately unload the affected area and replace or repair any damaged columns, beams, or other structural components | |
| Serious | Section 5(a)(l) General Duty Clause | The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that the employees producing and packaging under elevated heat conditions were exposed to excessive heat | Employees were exposed to excessive heat conditions when producing product in an indoor environment | Among other feasible methods to correct the identified hazard, one method would be to establish a heat stress management program which incorporated guidelines from the American Conference of Governmental Industrial Hygienist (ACGIH) threshold limit values and biological exposure indices; the National Institute of Occupational Safety and Health (NIOSH) document on Working in Hot Environments, and OSHAs Safety and Health Topics on Occupational Heat Exposure. Such a program may include, but is not limited to, the following: 1. Acclimatizing employees beginning work in hot environments or those returning from an absence period of three or more days by grading work tasks. 2. Implementing a work/rest regimen in accordance with the American Conference of Governmental Industrial Hygienists (ACGIH) 1992-1993 Permissible Heat Exposure Threshold Limit Values that will account for temperature extremes and the different shift lengths. Employees on eight hour shifts cannot have the same work rest cycle as those on shifts with more or less hours. 3. Providing a training program for all employees regarding health effects associated with heat stress and recognizing symptoms and methods of prevention for heat-induced illness, methods of preventing such illnesses, first aid, and making sure that the program is effectively enforced. 4. Encouraging employees to drink 5 to 7 ounces of cool water every 15 to 20 minutes, especially during the summer months when it is hotter than usual. Lead employees should be retrained to ensure the employees are drinking plenty of fluids throughout the work shift and insulated water coolers, etc., are refilled whenever they are empty, or provide a drinking fountain that provides water to drink. 5. Medical surveillance of employees, especially those on chronic medications that may alter anatomical metabolic activities as well as water excretion. 6. Providing PPE such as ice vests, neck towels, or water cooled garments or by wearing permeable clothing or wetted over garments that can maintain the body’s core temperature to below 98 degrees Fahrenheit. 7. Designating a location such as the air conditioned break room where employees can take cooling breaks on a rotational basis to meet production needs. Provide and utilize relief workers to accommodate the breaks. |
| Serious | 1910.107(g)(3) | Residue scrapings and debris contaminated with residue not immediately removed from the premises and properly disposed of. Approved metal waste cans were not provided wherever rags or waste was impregnated with finishing material and all such rage or waste deposited therein immediately after use. The contents of waste cans were not properly disposed of at least once daily or at the end of each shift | Cardboard boxes, paint cans, or other containers were used for collection of used prep paper, tapings, rags and other waste impregnated with combustible residue | |
| Serious | 1910.1200(f)(6)(ii) | Employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols or combination thereof, which provide at least general information regarding the hazards of the chemicals and which in conjunction with other information immediately available, would provide employees with the specific information regarding the physical and health hazards of the chemical | Spray bottles had no product identifier and words, pictures, symbols or combination therein to identify the product | |
| Serious | 1910.1200(h)(1) | Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area. | The employer did not provide employees effective information and training on hazardous chemicals in their work area, exposing the employees to the hazards of working with hazardous chemicals without their knowledge of the chemicals hazards, protective equipment and exposure control, first aid measures, or handling and storage | |
| Serious | 1910.125(e)(1)(ii) | Flames, spark-producing devices or other surfaces that were hot enough to ignite vapors were not controlled in each vapor area or any adjacent area | Employees in an area with an open flame gas heater located approximately 3-6 feet from a flammable solvent tank, exposing employees to fire and/or explosion hazard | |
| Serious | 1910.133(a)(5) | Employer did not ensure that each affected employee used equipment with filter lenses that had a shade number appropriate for the work being performed, for protection from injurious light radiation | Employee was operating a metal plasma cutter without shaded eye protection, exposing the employee to the hazard of light radiation. | |
| Serious | 1910.146(d)(4)(i) | Employer did not ensure that testing and monitoring equipment needed to comply with the Permit-required confined space program were properly maintained | Welders working inside vessels were provided with personal gas monitors that had not been calibrated through bump testing prior to each day’s use | |
| Serious | 1910.147(c)(4)(ii) | Energy control procedures (Lockout/Tagout) did not clearly and specifically outline the scope, purpose, authorization, rules and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance | Generic energy control procedures were being utilized that were not specific to machines, in which maintenance work was being performed. | Review how your company is drafting your LOTO procedures to ensure they have all the required elements. Especially purpose, scope and authorizations |
| Other than Serious | 1910.147(c)(4)(ii) | Employer did not maintain copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work area | The employer did not ensure that safety data sheets were readily accessible to employees in their work areas | |
| Serious | 1910.147(c)(7)(i) | Employer did not ensure adequate training to ensure that employees acquired the knowledge and skills required for the safe application, usage and removal of energy control devices. | Employer did not provide adequate training to authorized and affected employees performing maintenance work on machines, to ensure they acquired the knowledge and skills required for the safe application, usage and removal of energy control devices | |
| Serious | 1910.157(c)(4) | Portable fire extinguishers were not maintained in a fully charged and operable condition | Seven 20lb portable fire extinguishers were in need of charging; units were located in the “To be Refilled” location. Units missing from mounting locations in the plant were not replaced. | |
| Serious | 1910.157(e)(3) | Portable fire extinguishers were not subjected to an annual maintenance inspection check. | Four portable fire extinguishers in the facility has not been subjected to an annual maintenance check. Maintenance tags indicated last inspection was due on or about November 2015. | |
| Serious | 1910.157(g)(2) | Educational program to familiarize employees with the general principles of fire extinguishers use and the hazards involved with incipient stage firefighting was not provided to all employees upon initial employment and at least annually thereafter | Employer did not provide annual training to employees that were expected to utilize fire extinguishers to fight incipient stage fires | |
| Serious | 1910.176(a) | Aisle(s) or passageway(s) were not kept in good repair | Forklift operators were moving materials to and from work and storage areas where large potholes exist along the required path of travel, exposing employees to the hazards associated with forklifts becoming unstable | |
| Serious | 1910.179(c)(4)(ii) | Upper limit switch of each hoist was not tried out under no load, at the beginning of each operator’s shift. | Employee operating overhead crane did not test the upper limit switch under no load at the beginning of shift | |
| Other than Serious | 1910.179(j)(2) | A certification record which includes date of inspection, the signature of the person who performed the inspection and the serial number, or other identifiers, of the hook inspected, was not maintained | Employees utilizing approximately 17 overhead cranes throughout the facility without written, dated and signed reports of monthly inspection of hooks | |
| Other than Serious | 1910.179(m)(1) | Thorough monthly inspections of rope conditions, with written, dated and signed reports, were not performed on the running ropes | Employees utilizing approximately 17 overhead cranes throughout the facility without written, dated and signed reports of monthly inspection inspections of running ropes | |
| Serious | 1910.179(n)(2)(ii) | Crane load was not attached to the load block hook by means of slings or other approved devices. | A spreader bar of unknown origin with no manufacturer noted nor load test documentation, was being used by employees to lift steel plates up to 18,377lbs | Interesting they used the no manufactuer or load testing to justify the approved means. We have seen some spreader bars with no information, and the client could not produce a drawing |
| Serious | 1910.184(e)(3)(i) | A through periodic inspection of alloy steel chain slings was not made on a regular basis and/or were done at intervals greater than every 12 months | Employer failed to conduct a thorough periodic inspection of alloy steel chain slings within last 12 months | |
| Serious | 1910.184(e)(9)(i) | Alloy steel chain sling with cracked or deformed master link, coupling link, or other component was not removed from service | Employees were lifting metal plates weighing up to 28,587lb using an alloy steel chain sling with a deformed plate hook | |
| Serious | 1910.212(a)(1) | Machine guarding was not provided to protect the operator and other employees from hazards created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. | Employees utilized various drill press models and bandsaws throughout the facility, which did not protect or guard the moving parts of the machines during operations. Drill presses were being used to drill metal pieces without guarding the rotating drill bit. Bandsaws were being used to cut metal pieces without the exposed portion of the blades being guarded between the bottom of the guard and the top of the piece being cut | |
| Serious | 1910.212(a)(3)(ii) | Point of operation of machinery were not guarded to prevent employees from having any part of their body in the danger zone during operating cycles | Employees operating a metal munching hydraulic punch and shear without point of operation guarding for either function | |
| Serious | 1910.212(b) | Machines designed for fixed locations were not securely anchored to prevent walking or moving. | Various pedestal machines were not anchored to the floor to prevent walking, moving or tipping over | |
| Serious | 1910.215(b)(9) | Distance between the abrasive wheel periphery(s) and the adjustable tongue or end of the safety guard peripheral member at the top exceeded one fourth inch. | Bench grinder modified as a pedestal grinder did not have the tongue guard adjusted to within one fourth inch from the surface of the abrasive wheel. | |
| Serious | 1910.219(c)(4)(i) | Unguarded projecting shaft end(s) did not present a smooth edge and end and projected more than one half the diameter of the shaft. | Employees were exposed to a caught-by hazard of a projecting shaft end without guarding the shaft by a non-rotating cap or safety sleeve. | |
| Serious | 1910.23(c)(1) | Open-sided floors and platforms four feet or more above adjacent floor or ground level were not guarded with standard railing (or equivalent | Loading dock approximately 50” and 52” above ground below were not guarded with standard railing or equivalent | |
| Serious | 1910.253(b)(4)(iii) | Oxygen cylinders in storage were not separated from fuel-gas cylinders or combustible materials (especially grease or oil), a minimum distance of 20 feet or by a noncombustible barrier at least 5 feet high having a fire-resistance rating of at least one-half hour | Oxygen compressed gas cylinder was stored within 20 feet or by a noncombustible barrier at least 5 feet high having a fire-resistance rating of at least one-half hour | |
| Serious | 1910.303(b)(2) | Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling | Employees were exposed to an electrical hazard when utilizing and working around an electrical quad box without it being installed and used in accordance with instructions included in the listing and labeling. Employees were exposed to an electrical hazard when utilizing and working around an electrical single outlet box without it being installed and used in accordance with instructions included in the listing and labeling | May have to go to Home Depot and see what the package says and what UL White Book reference it uses. |
| Serious | 1910.304(f)(1)(iv) | Overcurrent devices were not readily accessible at each employee or authorized building management personnel. These overcurrent devices were located where they will be exposed to physical damage or in the vicinity of easily ignitable material | Four forklift battery chargers were stationed directly in front of and under each unit’s respective disconnect switch. Forklifts were also parked next to the chargers adding additional barriers to hinder quick and easy access to the disconnect. | This is a deviation from the Safe Working distance rule typically cited. |
| Serious | 1910.304(f)(l)(iv) | Overcurrent devices for circuits rated 600 volts, nominal, or less, were not readily accessible to each employee or authorized building management personnel. | Employees were exposed to electrical, struck by and caught hazards when working where the disconnect switch was not accessible for ready and safe operation | Another way OSHA is implementing the safe working distance. Now looking at employee ability to reach disconnects. |
| Serious | 1910.304(g)(5) | The path to ground from circuits, equipment, and enclosures was not permanent, continuous, and effective. | two electrical extension cords within the outside Assembly Area were being utilized without having a grounding path, exposing employees and temporary workers to an electrical hazard of approximately 120 volts | |
| Serious | 1910.305(b)(2)(i) | Each outlet box in completed installation did not have a cover, faceplate, or fixed canopy. | Electrical outlets in completed walls did not have faceplate. Two plug outlet was missing faceplate while the outlet was energized. Two plug outlet had damaged faceplate but not to the extent the terminals or wires were visible | |
| Serious | 1910.305(g)(2)(ii) | Flexible cords were not used only in continuous lengths without splice or tap. | Employees were exposed to an electrical hazard with a spliced flexible cord without the cord being of continuous length without approved splice or tap | What would be an example of an approved splice or tap? |
| Other than Serious | 1910.37(a)(4) | Safeguard(s) designed to protect employees during an emergency (e.g, sprinkler systems, alarm systems, fire door, exit lighting), were not in proper working order at all times | Smoke detectors in the common areas of the facility, such as the breakrooms and offices, were inoperable due to no battery, battery installed backwards, or dead battery. | |
| Serious | 29 CFR 1910.1200(f)(5)(ii) | The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the appropriate hazard warnings. | employees were exposed to chemical exposure hazards when working with chemicals in an unlabeled container without each container of chemical in the workplace being labeled. The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical. | |
| Serious | 29 CFR 1910.36(d)(l) | Employee(s) were not able to open an exit route door from the inside at all times without keys, tools, or special knowledge | employees were exposed to an egress hazard when working in an area with a locked emergency exit door that required special knowledge to exit. | |
| Serious | 29 CFR 1910.37(b)(4) | Signs were not posted along the exit access indicating the direction of travel to the nearest exit and exit discharge when the direction of travel to the exit or exit discharge was not immediately apparent. | Employees were exposed to a fire hazard when working in the area where an emergency exit sign was pointing in the wrong direction. | |
| Other than Serious | 29 CFR 1910.303(b)(7)(i) | Unused openings in boxes, raceways, auxiliary gutters, cabinets, equipment cases, or housings were not effectively closed to afford protection substantially equivalent to the wall of the equipment. | Employees were operating the electrical switch or control box without all unused openings being effectively closed | Think this related to missing switches or indicator lights on old equipment control panels? |
| Other than Serious | 29 CFR 1910.305(b)(2)(i) | Pull boxes, junction boxes, and fittings were not provided with covers approved for the purpose. | Employees were working near an electrical junction box without a cover. |
Click here to learn more about how to understand and manage OSHA compliance.
Worried About OSHA Compliance & Possible Fines?
Stop Worrying And GET COMPLIANT.
We’ve Helped Many Texas Companies Get OSHA Compliant and Can Help Yours Too.
Click Here or Call 512-457-0374 To Schedule Your Free Consultation
