What Every Employer Should Know About MIOSHA Top 10 Citations of 2025
MIOSHA published its annual list of its top 10 most frequently cited occupational safety and health standards in the past year. This list offers a glimpse to employers of where their safety policies and enforcement measures may need another look. Employers should be aware of the most frequently cited standards and review their own safety policies and enforcement practices to avoid these common violations and the costly penalties that come with them.
|
1. |
408.40114(1) – Construction – Accident Prevention Program This standard requires employers to develop, maintain, and coordinate an accident prevention program that meets the minimum standards set forth under the rule. Oftentimes, employers believe their program is sufficient. Others may not realize they need to have one. Either way, employers should review their accident prevention programs, ensuring it satisfies the minimum requirements of this rule to avoid being cited for the most common violation of the construction safety standards. |
|
2. |
408.40132(3) – Construction – First Aid Training Next on the list is the construction safety standard requiring employers to have a person with a valid certificate in first aid training to be present at the worksite. Employers should first check to make sure they have an employee (typically the foreman or site supervisor) that has a certificate in first aid training. But they should also make sure to inspect that certificate on at least an annual basis to ensure the certificate is still valid. Special considerations under this standard include the size of the job site. When a jobsite covers a significant area (several miles), MIOSHA may be inclined to allege a certificate holder on one portion of the job site will not apply to another area of the job site. |
|
3. |
1910.1200(e)(1) – Hazard Communication – Written Hazard Communication Program All employers, whether construction or general industry, are required to develop, implement, and maintain a written hazard communication program that describes how safety measures and training will be met for employees exposed to hazardous chemicals. Having a written program that is specific to the hazardous materials present at your worksite, with appropriate labels, warnings and safety data sheets will help employers avoid falling prey to this violation. |
|
4. |
1910.147(c)(4)(i) – Control of Hazardous Energy Sources – Energy Control Procedures Employers beware, the failure to develop a written energy control procedure and ensure employees utilize that program can lead to dangerous accidents and BIG penalties. Some of the most severe workplace accidents occur as a result of an employee failing to utilize energy control procedures. Employers should take special care to review their energy control procedures specific to the equipment that may start-up or release stored energy. Doing so can prevent serious injuries and limit the ability of MIOSHA to issue hefty penalties. |
|
5. |
408.22141(1) – Recordkeeping – Annual Electronic Submission It is that time of year again. Have you completed your annual OSHA 300 log yet? As the fifth most cited standard, there are many employers who either do not know they must submit a 300 log or simply fail to meet the deadline. For MIOSHA, this is a fairly easy citation to issue when an inspector reviews whether a form was electronically submitted or not. And it should be an easy citation to avoid for employers who take simple steps to comply with the recordkeeping administrative standards. |
|
6. |
1926.501(b)(13) – Construction Fall Protection – Residential Year after year, fall protection is a common pitfall for many residential construction employers. This standard requires employees working at a height of six feet or higher to be protected with personal fall arrest systems, guardrails or safety nets. Although there are some exceptions to this rule, most employers will have an uphill climb to persuade MIOSHA that an exception actually applies. Employers should review their safety practices to ensure they not only offer the required safety equipment but also take reasonable steps to ensure all employees subject to this standard actually utilize the equipment it requires. |
|
7. |
1926.100(a) – Construction PPE – Head Protection Although it may seem like common sense, many employers still fail to ensure their employees utilize head protection where there is a risk of impact from falling or flying objects, electrical shocks and burns. Employers need to ensure supervisors and foremen are actively taking steps to discover violations of this rule and disciplining employees who fail to wear required head protection. |
|
8. |
325.47201(3) – Medical Services and First Aid – Eye Wash This standard requires employers to offer suitable facilities for cleaning or flushing eyes where employees may be exposed to injurious or corrosive materials. Many employers fail to have these resources in the workplace; sometimes because they are unaware of the need to comply with this standard based on the materials present at the worksite. Employers should review the materials their employees may come into contact with, even from non-obvious exposures, to ensure they have the required flushing stations on site to avoid a violation. |
|
9. |
1926.102(a)(1) – Construction PPE – Eye and Face Protection This common violation often occurs even after employers provide employees with the required face and eye protection. But while many employers want to jump to an employee misconduct defense, they must first remember to take reasonable steps to discover violations and discipline employees who fail to utilize protection. Without proper supervision and enforcement of the rules, employers can still be on the hook for violations. |
|
10. |
1910.147(c)(7)(i)(A) – General Industry Control of Hazardous Energy Sources – Training and Communication The final citation that is most frequently issued is a training citation under the General Industry Safety Standards Part 85. This standard requires employers to train authorized employees in the recognition of hazardous energy sources they may encounter in the workplace and the methods of isolating and controlling that energy. Employers should offer training that is specific to the equipment authorized employees will be working on as opposed to a generic lock-out tag-out training session. Additionally, employers should be aware violations of this standard may occur where training is offered, but it fails to meet MIOSHA’s expectations of “adequate” training. |
Employers should review their safety policies, training, PPE, and enforcement practices often to ensure they are compliant with the applicable MIOSHA safety standards. Even when employers are diligent with the safety program, accidents still happen, and citations still may be issued. If you are an employer who needs counsel or advice related to a MIOSHA matter, the attorneys at Miller Canfield can help guide you through the inspection process, appeals of citations, and provide you with overall best practices to limit your exposure to MIOSHA’s penalties going forward.
