OSHA Releases Top 10 Workplace Safety Violations

OSHA Releases Top 10 Workplace Safety Violations

Improper fall protection was the safety violation OSHA cited most often during the 2024 fiscal year. OSHA recorded 6,307 fall protection violations during the period.

The top 10 most frequently cited workplace safety standards for FY 2024 are:

  • Fall Protection – General Requirements (1926.501): 6,307 violations
  • Hazard Communication (1910.1200): 2,888
  • Ladders (1926.1053): 2,573
  • Respiratory Protection (1910.134): 2,470
  • Lockout/Tagout (1910.147): 2,443
  • Powered Industrial Trucks (1910.178): 2,248
  • Fall Protection – Training Requirements (1926.503): 2,050
  • Scaffolding (1926.451): 1,873
  • Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 1,814
  • Machine Guarding (1910.212): 1,541

TAN’s Annual Meeting a Success

The Texas Alliance of Nonsubscribers (TAN) held its 2024 annual meeting before a packed room on Oct. 16 in Dallas. The meeting featured a presentation by Division of Workers’ Compensation Commissioner Jeff Nelson as well as an array of expert presentations that included updates from the U.S. Occupational Safety and Health Administration (OSHA), court rulings and cases impacting nonsubscribers, the state of the economy, nuclear verdicts from Texas courts and proposed legal reforms, an overview of the 2024 elections, a preview of the 2025 state legislative session, and a nonsubscriber best practices roundtable discussion.

The organization extends special thanks to the Marsh McLennan Agency and their outstanding team for hosting the meeting and to the Reny Company for sponsoring lunch for the event.

TAN is grateful to the excellent panel of presenters for the insightful content they provided throughout the day. Special thanks to:

For copies of the presentations, please contact tim.conger@bravarro.com.

Studies: Workers With Precarious Jobs Face Higher Risk of Injury

Workers with “precarious” jobs, such as temporary contracts, part-time hours, irregular schedules, or low wages, face an elevated risk of work-related injury and illness, according to a pair of recent studies.

Researchers at the Institute for Work & Health (IWH) in Ontario, Canada, speculate workers who lack stable, secure employment might hesitate to report unsafe working conditions or refuse unsafe work, in case it costs them their jobs. Additionally, they suggest low wages might push workers to hold multiple jobs, work longer hours, or be willing to accept more dangerous work to make ends meet.

The first study, published in Occupational and Environmental Medicine, gathered information about workplace injuries and illnesses in Ontario between January 2016 and December 2019 from Workplace Safety and Insurance Board (WSIB) compensation claims.

WSIB claims data has information about injured workers’ occupations — but not their employment conditions. To obtain data on employment conditions, the research team turned to Statistics Canada’s Labor Force Survey (LFS) to determine if claimants were temporarily employed, paid low wages, worked irregular hours, or were not allowed to work full-time.

Based on these responses, the team classified each occupation as having a low, medium, high or very high prevalence of each condition. They found that compared to jobs with a low probability of precarious employment (and adjusted for age, sex and year), work injury and illness risks were:

  • 105% higher for jobs with medium probability of precarious employment.
  • 181% higher for jobs with high probability of precarious employment.
  • 182% higher for jobs with very high probability of precarious employment.

In a companion study published in the Journal of Epidemiology and Community Health, researchers focused on WSIB claims for work-related COVID-19 infections between April 2020 and April 2022.

Like the first study, temporary employment, irregular hours, and involuntary part-time work were each associated with higher rates of work-related COVID-19 infection. Those with very high levels of precarious employment had almost five times the risk of submitting a work-related COVID-19 claim compared to those with the lowest levels.

More information about the studies is available here.

Retaliation and Whistleblower Claims Spike

The number of retaliation and whistleblower complaints filed against employers has increased significantly in recent years.

California-based insurance brokerage InterWest Insurance Services noted recently in a blog post that these claims often are part of another complaint, such as workplace discrimination or harassment complaints filed with the Equal Employment Opportunity Commission (EEOC) or workplace safety complaints filed with OSHA.

According to EEOC data, there were 46,047 retaliation complaints filed at EEOC in fiscal year 2023, a 20% increase from the year previous. Employers paid $283 million in monetary benefit awards and settlement during the period, compared to $220 million in fiscal year 2022.

The number of whistleblower complaints filed with OSHA increased significantly in 2023, with about 71% filed under the OSHA Act section on “retaliation based on protected safety acts,” such as harassment or discrimination.

There are steps employers can take to protect their organization. These include setting clear and unambiguous policies in writing stating that retaliation is not permitted and describing what constitutes inappropriate conduct. Employees should sign and acknowledge receipt of the policy.

Additionally, employers should promptly investigate all complaints and take effective remedial measures if needed. Ensure any disciplinary actions are consistent with past practices.

In fact, the National Safety Council’s (NSC) Work to Zero initiative has identified more than 100 relevant new environment, health and safety technologies that help mitigate workplace safety risks.

AI is the most talked-about new technology, but others include drones, computer vision, and virtual reality.

AI harnesses the power of mega computers to rapidly process data. It can discover patterns and correlations in a fraction of the time that humans can, helping to identify potential hazards. For example, sensors powered by AI can generate data in real time to issue alerts when specific safety thresholds are reached in areas such as noise levels, hazardous substance concentrations, and air quality.

AI is also being used to analyze incident reports and other safety data to identify root causes, contributing factors, and other issues that may have led to the incident.

Sensors are another technology playing key roles in workplace safety. Sensors are being used to alert workers when unauthorized people or vehicles enter restricted areas. They can detect various hazards in the workplace, such as harmful gases or pollutants. Temperature sensors prevent overheating in industrial settings and motion sensors detect when objects or people are too close to dangerous equipment.

Wearables include sensors that focus on a specific worker to provide an ergonomic or risk assessment to address worker behavior or proximity to hazards.

Some organizations use video technology synced with multiple cameras in the work facility to detect safety hazards such as spills on the floor, poor lighting, congested workspaces, or other obstacles.

You may click here for more information on the NSC’s Work to Zero program.

Survey Shows How Remote Workers Manage Their Day

Newfound flexibility within remote work has given remote workers opportunities to pursue nonwork activities during the workday, according to a recent survey from SurveyMonkey.

The survey was conducted in early August of 2024 among 3,117 full-time workers in the United States. Among its key findings:

  • 46% multitasked while on a work call.
  • 46% completed household chores.
  • 33% ran errands outside the home.
  • 20% took a nap.
  • 17% worked from a different location without telling anyone.
  • 17% watched TV/played video games.
  • 4% worked another job.

The survey found workers have also taken opportunities to multitask during video or conference calls:

  • 29% used the bathroom.
  • 21% browsed social media.
  • 14% did online shopping.
  • 12% did laundry.
  • 9% cleaned the kitchen.
  • 4% fell asleep.
  • 3% took a shower.

However, the survey also showed that workers have difficulty with setting a work-life balance. Some 28% of respondents say they are “always or sometimes” asked to do work while taking time off on vacation. Slightly more than half (54%) check their work email when taking time off and 32% say it is “very or somewhat difficult” to disconnect from work while on vacation.

Younger workers embrace “quiet vacationing” in redefining work-life balance. Quiet vacationing occurs when a worker, typically a remote worker, vacations without telling anyone. More than one in three (36%) Gen Z and Millennial workers have taken a “quiet vacation” in the last 12 months, compared with 27% of Gen X workers. Almost half (46%) of Gen Z and Millennial remote workers admit to taking a few hours off during the day without telling anyone at work, compared with 39% of Gen X workers and 41% of workers overall.

More information about the survey is available here.

Large Segment of U.S. Workers Report Layoff Anxiety

Nearly three out of four U.S. workers (70%) are worried about being laid off and are taking steps to prepare, according to a new survey from the MarketWatch Guides team.

According to the survey, 40% of workers say they’re saving more of their income in case they’re laid off and 32% say they are browsing job listings.

Some of the anxiety may be fueled by false perceptions. Two-thirds of workers surveyed overestimate the current unemployment rate of 4.1%. In fact, 55% of workers believe unemployment is higher than it was four years ago — when the unemployment rate was 11% amid pandemic-era cutbacks.

The MarketWatch Guides team surveyed 1,000 adult workers (excluding those who are self-employed) about the threat of potential layoffs. Here’s what respondents say about potential layoffs:

  • If laid off today, 40% of workers said they would run out of money within one month based on their current spending. Some 24% said they would run out within two weeks.
  • 63% of workers said they would take a pay cut to avoid being laid off, and 37% would accept a demotion to stay employed. Among fully remote workers, 51% would give up working from home to keep their job.
  • Nearly three in five Gen Z workers (57%) report anxiety about being laid off, and 88% are taking steps to prepare for layoffs. One out of every six Gen Z workers (16%) fully or mostly suspect they will be laid off by the end of 2024.
  • Millennials trail closely behind, with 42% reporting layoff anxiety. More than one in three American workers (36%) feels layoff anxiety.

The rise of AI technology also contributes to worker fears. More than two-thirds of workers (68%) believe AI technology will lead to more unemployment, according to the survey. About 46% believe their job will be eliminated by AI at some point.

More information about the survey is available here.

Health Insurance Premiums Rising

Family premiums for employer-sponsored health insurance rose 7% this year to reach an average of $25,572 annually, according to the Kaiser Family Foundation’s 2024 benchmark Employer Health Survey. On average, workers contribute $6,296 annually to the cost of family coverage.

This marks the second year in a row that premiums are up 7%. Over the past five years, a period of high inflation (23%) and wage growth (28%), the cumulative increase in premiums has been similar (24%).

While employers are seeing total premiums for family coverage rise steadily, the amount that workers, on average, pay toward their annual premiums is little changed over the past five years — up less than $300 since 2019, or a total of 5% over five years.

Among workers who face an annual deductible for single coverage, the average this year stands at $1,787, similar to last year’s $1,735 and up 8% since 2019, when the average was $1,655.

On average, workers with a deductible at small firms (under 200 workers) face much larger deductibles than workers at larger firms ($2,575 versus $1,538). Nearly a third (32%) of covered workers at smaller firms face an average single deductible of at least $3,000.

Among large employers with at least 200 workers, 27% say they cover in-vitro fertilization (IVF), and a similar share (26%) say they cover artificial insemination. More say they cover fertility medications (37%), while fewer say they cover egg or sperm freezing (12%).

Among large firms with at least 200 workers that offer health benefits to spouses of workers, a quarter (24%) either require higher premiums or restrict coverage when spouses were offered health insurance from another source. In addition, 12% of large firms offering health benefits provide extra compensation or benefits to employees if they do not participate in the firm’s health benefits.

The survey is available here.

TDI Research Agenda Announced

The Texas Department of Insurance (TDI), Division of Workers’ Compensation (DWC), has adopted its 2025 research agenda, calling for studying the feasibility of adopting a more current version of the American Medical Association Guides to the Evaluation of Permanent Impairment.

The directive is contained within the Fiscal Year 2025 Research Agenda for the Workers’ Compensation Research and Evaluation Group at DWC. The Research and Evaluation Group will complete the project with help from the Medical Quality Review Panel. This study is contingent on the American Medical Association’s publication of the 2024 revisions to the musculoskeletal chapters 15-17.

The Workers’ Compensation Research and Evaluation Group is responsible for conducting professional studies and research on various system issues relevant to the cost, quality and operational effectiveness of the workers’ compensation system. It is required by law to publish an annual research agenda for the coming fiscal year.

The 2025 research agenda also calls for an update to medical costs and utilization in the Texas workers’ compensation system, and an analysis of designated doctors and scheduling companies in the Texas workers’ compensation system.

The order creating the 2025 research agenda is available here.

State News

Occupational Health & Safety
Texas Furniture Manufacturer Cited for Safety Violations After Worker Injuries
OSHA has cited furniture manufacturer Artco-Bell Corp. for 24 serious violations following an incident in April 2024 in which a worker suffered severe injuries. Click here for full article.

WorkersCompensation.com
Man Kills Coworker over Obsession and Long Breaks, Police Said
Police said a Texas man killed his coworker because he was obsessed with her and got angry that she took long breaks at work and wouldn’t talk to him. Click here for full article.

State News

NBC CT
Home Healthcare Worker Safety Among Several New Laws to Take Effect on Oct. 1
Connecticut home healthcare workers now have new protections when visiting patients, including the possibility of chaperones. Click here for full article.

Spectrum News 1
Research Project Uses Artificial Intelligence To Improve Ohio Worker Safety
Artificial intelligence is everywhere we look and now researchers in Ohio want to know if the technology can not only make our jobs easier and safer. Click here for full article.

OCPA
Oklahoma Supreme Court Has Been Dismantling Work-Comp Reform
In an effort to curb skyrocketing workers’ compensation costs, Oklahoma lawmakers passed comprehensive work comp reform that went into effect in 2014. Click here for full article.

CNHI News
Pa. Lawmakers Adopt Bill to Extend Worker’s Comp to First Responders with PTSI
Pennsylvania lawmakers approved legislation that would extend worker’s compensation claims for first responders diagnosed with post-traumatic stress injuries as a result of their work. Click here for full article.

JD Supra
A Case Law Update on West Virginia Supreme Court of Appeals Rulings Impacting Workers’ Compensation Claims
Over the last approximately 12 months, the West Virginia Supreme Court of Appeals has issued numerous decisions impacting workers’ compensation claims. Click here for full article.

General News

Insurance Business
What Are the Costliest Workers’ Compensation Claims?
Workers’ compensation insurer The Travelers Companies has examined over 1.2 million workers’ compensation claims from 2017 to 2021, outlining the findings in its 2024 Injury Impact Report. Click here for full article.

Risk & Insurance
After Period of Stability, U.S. Workers’ Comp Market Faces Emerging Challenges
After a decade of extended profitability, the U.S. workers’ compensation insurance market faces emerging challenges for insurers and reinsurers, according to a Swiss Re analysis. Click here for full article.

Insurance Business
Is Workers’ Comp at a Tipping Point?
Workers’ compensation insurance has been a competitive and profitable market for several years, with insureds enjoying lower rates and bountiful capacity from carriers. Click here for full article.

Statista
Number of Occupational Injury Deaths in the U.S. from 2003 to 2021, by Gender
In the United States, there were far more occupational injury deaths among men than women. In 2021, there were 4,741 male occupational injury deaths in the United States, compared to 448 deaths among women. Click here for full article.

Eurostat
Accidents at Work Statistics
An accident at work is defined in ESAW methodology as a discrete occurrence during the course of work which leads to physical or mental harm. Click here for full article.

Occupational Safety and Health Administration
US Department of Labor Launches Severe Injury Report Dashboard, Providing Interactive View of Injuries Across States
The U.S. Department of Labor’s Occupational Safety and Health Administration today unveiled an online tool giving users the ability to search its severe injury report database and view trends related to workplace injuries occurring in states covered by federal OSHA. Click here for full article.

Automotive Dive
Independent Boards Found to Enhance Worker Safety
Behind the improved safety record is independent members’ increased reliance on shareholders, rather than management, for their board seat, the researchers say. Click here for full article.

Institute for Supply Management
To Improve Workplace Safety and Reporting, Improve Training
Nearly 3 million people globally die each year from workplace injuries or workplace-induced diseases, according to the International Labour Organization, while 395 million sustain non-fatal injuries that can have longer-term impacts. Click here for full article. 

NYSIF
NYSIF Publishes Long COVID Information for Employers
The New York State Insurance Fund (NYSIF), the state’s largest, not-for-profit workers’ compensation insurer, today announced the release of an educational pamphlet to assist employers in understanding Long Covid. Click here for full article.

Keck School of Medicine of USC
Severe COVID-19 Infection Increases Heart Attack and Stroke Risk as Much as Having a History of Heart Disease, Study Finds
Patients who were hospitalized for severe COVID-19 in 2020 face an increased risk of major cardiac events that is as high as the risk conferred by having a medical history of heart disease, according to new USC research. Click here for full article.

CIDRAP
Data: COVID Reinfection in Unvaccinated more Sever than Breakthrough Infections
The rate of hospitalization and death is significantly higher after COVID-19 reinfection among unvaccinated US veterans than after breakthrough infection among never-infected vaccine recipients, according to an analysis published yesterday in The Journal of Infectious Diseases. Click here for full article.

United Nations
End ‘Collective Amnesia’ Over COVID-19, Says UN Health Agency WHO
Coronaviruses like COVID, influenza and respiratory syncytial virus (RSV) “must be taken seriously” as they are particularly dangerous for at-risk groups including the elderly, pregnant women and people suffering from existing or chronic illness, WHO Europe insisted, as it launched a region-wide protection campaign. Click here for full article.

The Washington Post
Free COVID Tests by Mail Program Revived by Biden Administration
Americans can again order free rapid coronavirus tests by mail, the Biden administration announced Thursday. Click here for full article.

CNN
COVID-19 May Increase the Risk of Heart Attacks, Strokes and Deaths for Three Years After an Infection, Study Suggests
Covid-19 could be a powerful risk factor for heart attacks and strokes for as long as three years after an infection, a large new study suggests. Click here for full article.

USA Today
FDA Approves the First At-home Test for COVID-19 and the Flu, No Prescription Needed
The Food and Drug Administration has granted authorization of a COVID-19 and flu test that can be used without a prescription. Click here for full article.

Centers for Disease Control and Prevention
A New Partnership Focuses on the Occupational Safety and Health Needs of Lone Workers
Working alone is common in many industries and may introduce safety and health risks for workers. Click here for full article.

Occupational Health & Safety
Automation Has a Positive Impact on Workplace Safety, Global Workers Say
A recent survey of more than 9,000 workers from nine countries, conducted by the MIT Industrial Performance Center, suggests automation significantly improves workplace safety. Click here for full article.

Occupational Health & Safety
Is AI-Enabled EHS Management the Future of Worker Safety in Construction?
Let’s look at two different worlds on the same construction site. In the former, the EHS manager walks the site with a clipboard, relying on experience to spot hazards. Click here for full article.