OSHA enforcement roundup Q4 2024
The Occupational Safety and Health Administration (OSHA) continues to carry out inspections and issue citations to employers that expose workers to hazardous conditions. We've summarized some of the key enforcement cases from the past few months for a look at where OSHA is focusing its efforts.

Roofing contractor faces $328K in fines
A Newark construction contractor has been cited for repeatedly exposing employees at three North Jersey worksites to falls, the leading cause of death and serious injury in the construction industry. In June and July 2024, as part of the National Emphasis Program for falls in construction, OSHA inspected the North Jersey worksites operated by the contractor. Multiple safety violations were observed during three separate inspections, resulting in four willful and seven serious violations. Specifically, inspectors cited the company for:

• Failing to provide the required fall protection
• Failing to provide proper eye protection and hard hats
• Using noncompliant pump jack scaffold poles
• Failing to provide fire extinguishers
• Using ladders unsafely

The company has been added to OSHA’s Severe Violators Enforcement Program after receiving citations in five inspections since 2017.
Penalty: $328,545

Willful endangerment leads to six-figure penalty
OSHA cited two contractors working in Jacksonville and Daytona Beach, Florida, for safety violations during excavations. In May 2024, inspectors observed workers for one contractor installing a sewer line in a trench 6-feet deep and 40-feet long without the essential cave-in protection, such as shoring or trench boxes. Only days later, workers for the second contractor were found in a 12-foot trench without cave-in protection, leading OSHA to issue a willful violation to the company. Both contractors also received citations for serious violations: exposing workers to cave-in and struck-by hazards by not providing a stairway, ramp, ladder, or other safe means to enter or exit the trench and placing spoil piles along the edge of the excavations.
Penalty: $363,436 (combined)

Pipe manufacturer reaches settlement to correct multiple safety failures
The U.S. Department of Labor has entered a settlement agreement with a Mississippi steel pipe manufacturer following fatal injuries to a 25-year-old employee in January 2024. OSHA inspectors noted the company’s long history of safety failures and found it hadn’t established safe practices for storing and stacking pipes, which led to the tragic death of one employee and life-altering injuries to another. The manufacturer was cited for three repeat violations for failing to provide machine guarding, inspect or test electrical insulating protective gloves, and prevent slipping hazards. Inspectors also found 26 serious violations, including a failure to properly cover open pits and label exit doors. The agreement requires the company to pay a penalty and to:

• Hire a professional third-party consultant to develop a comprehensive safety and health program the employer will implement within 30 days.
• Allow the consultant to conduct monthly worksite audits and provide copies of the audits to OSHA.
• Provide safety training to all stacking yard employees.
• Upgrade electrical wiring and components in combustible dust areas.
• Employ at least one dedicated safety and health professional who has completed a 30-hour OSHA safety course on each shift.
• Report work-related injuries and illnesses to OSHA on a quarterly basis for a period of 3 years, and allow agency personnel to inspect without delay when a logged injury or illness occurs.

Penalty: $442,815

Failure to abate results in fines for bakery
A commercial baker in New Jersey has been fined for failing to develop, document, and use lockout/tagout procedures for the control of hazardous mechanical energy, among other violations. In June 2023, an initial inspection took place after an employee suffered a life-altering hand injury by coming into contact with an automatic blade. During its 2024 follow-up inspection, OSHA found that the company had failed to address the previously cited hazards. OSHA also issued two willful citations for blocked and obstructed exit routes, as well as one repeat citation for machine guarding and six serious citations for exposure to fall hazards.
Penalty: $385,221

Grain cooperative must pay $500K penalty
OSHA issued 2 willful and 22 serious violations after finding life-threatening hazards at a Nebraska grain cooperative. The company permitted a buildup of more than one-eighth inch of combustible grain dust and failed to maintain effective dust collection systems, leading to the increased risks of fire and explosions. Responding to a complaint of unsafe working conditions, OSHA opened its inspection in March 2024 as part of a regional emphasis program for grain-handling facilities. Specifically, OSHA cited the cooperative for:

• Not conducting regular inspections on equipment;
• Failing to certify completion of preventive maintenance;
• Not complying with permit-required confined space requirements, including developing procedures for entry operations that included hazard evaluations, atmospheric testing, rescue procedures, monitoring, and training;
• Exposing workers to fall hazards from unguarded stairway holes and a lack of handrails;
• Failing to close electrical openings and improperly using flexible cords;
• Not providing forklift training, as required; and
• Failing to label containers of hazardous chemicals properly.

Penalty: $536,965

Boat manufacturer cited for 15+ safety and health hazards
After a Florida boat manufacturer failed to submit the required proof of abatement, OSHA returned to the worksite and found the company had continued to ignore hazardous conditions. An initial July 2023 inspection found more than 15 safety and health violations, none of which had been corrected by the time a follow-up inspection was conducted in March 2024. OSHA cited the manufacturer with four failure-to-abate, two serious, and three repeat violations, including failing to:

• Provide training to workers voluntarily using respirators.
• Conduct periodic inspections of equipment used to lift boats and remove damaged equipment.
• Electrically interconnect containers used to transfer flammable liquids.
• Provide medical evaluations and fit testing for workers required to wear tight-fitting respirators.
• Develop and maintain a written hazard communication program and safety data sheets for handling hazardous chemicals.

Penalty: $328,287

$1.3 million fine issued for chemical products manufacturer
A fatal 2019 explosion and fire at an Illinois chemical products manufacturer resulted in the death of four workers and more than $1 million in penalties. In October 2024, the company and OSHA reached a settlement agreement after an investigation of the worksite found multiple violations, including a failure to ensure the use of OSHA-compliant electrical equipment and the use of propane-powered forklifts to transport flammable liquids. As part of the agreement, the manufacturer has temporarily stopped production and must:

• Develop a companywide safety and health management system, implement an emergency action plan, and conduct evacuation drills.
• Provide safety training to employees, and offer it in all languages understood by employees.
• Require specialty training for management on handling flammable materials.
• Purchase industrial trucks properly rated for handling flammable materials for all facilities.
• Perform comprehensive audits of its occupational health and safety management system certification, and maintain the certification at all facilities.
• Hire third-party consultants to assist with the analysis of electrical classification and hazards for any future or rebuilt facilities, and audit those facilities 6 months after the start of operations.
• Allow OSHA to periodically inspect facilities without requiring a warrant.

Penalty: $1.3 million