To establish an OSHA violation, the Occupational Safety and Health Administration (OSHA) bears the burden of proof through a “preponderance of the evidence.” In simple terms, this means that OSHA only needs to prove that the violation is more likely than not to have occurred. As part of this “proof,” OSHA must provide evidence on four elements. Each of these elements, that must be met, creates an opportunity for defense.

OSHA’s new final rule, amending 29 CFR 1926.95(c), goes into effect on January 13, 2025. The new rule, requiring construction employers to provide PPE that “properly fits” their employees, is facing controversy and potential legal challenges.

The Occupational Safety and Health Administration (OSHA) recently released its annual most frequently cited (MFC) workplace safety standards for fiscal year 2024. OSHA's fiscal year runs from October 1 through September 30. The list includes standards from both 29 CFR 1910 (General Industry) and 29 CFR 1926 (Construction).