OSHA Bumps Fines for Employer Violations Starting Jan. 15

The U.S. Department of Labor revealed the annual inflation adjustments for OSHA civil penalties on Jan. 9. The increased penalty levels apply to any penalties assessed after Jan. 15.

The increased penalty amounts for each violation type are as follows:

• For willful and repeated violations, the maximum penalty will increase to $165,514, up from $161,323.
• For serious, other-than-serious, and posting requirement violations, the maximum penalty will increase to $16,550, up from $16,131.
• For failure to abate violations, the maximum penalty will increase to $16,550 per day beyond the abatement date, up from $16,131 per day.

In addition, OSHA-approved State Plans must increase their penalties in alignment with OSHA’s penalty increases to maintain at least as effective penalty levels.

State Plans are OSHA-approved workplace safety and health programs operated by individual states or U.S. territories. State Plans are monitored by OSHA and must be at least as effective as OSHA in protecting employees and preventing work-related injuries, illnesses and deaths.

There currently are 22 State Plans covering private employers, including: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington and Wyoming.

Phelps will continue to monitor developments related to OSHA. Please contact Erin Malone or any member of Phelps’ labor and employment team with questions or for advice and guidance.