When Will OSHA Raise Fines?
Different sources have been reporting for months now that OSHA was planning on raising civil penalties. Now, we’re able to confirm that starting August 2016, OSHA will in fact be raising citation amounts. The increased citation values are only applicable to civil penalties assessed after Aug. 1, 2016 and whose associated violations occurred after Nov. 2, 2015. This information came after OSHA released their official News Release on June 30, 2016.
Why Raise Fines?
Some companies might be surprised to know that OSHA hasn’t raised the penalty amounts since 1990. The new monetary increases have been adjusted for inflation. Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act to direct agencies on adjusting their penalties for inflation each year. It also requires agencies to publish “catch up” rules this summer to make up for lost time.
How Much Are Fines Being Raised?
On average, fines will increase approximately 80% with a 150% maximum cap.
|
Category |
Old Maximum Penalty |
New Maximum Penalty |
|
Other-than-Serious |
$7,000 |
$12,471 |
|
Serious Violations |
$7,000 |
$12,471 |
|
Posting Requirement |
$7,000 |
$12,471 |
|
Willful or Repeated Violations |
$70,000 |
$124,709 |
|
Failure to Abate |
$7,000* |
$12,471* |
*per day unabated beyond abatement date, generally limited to 30 day max
Message from Secretary of Labor Thomas E. Perez
“Adjusting our penalties to keep pace with the cost of living can lead to significant benefits for workers and can level the playing field [for] responsible employers who should not have to compete with those who don’t follow the law.”
Are These Increases Worrisome?
If your company is concerned with OSHA raising their penalty amounts, we recommend taking a proactive approach to safety. Now is the time to evaluate your Safety & Health Program and discover where the gaps might be. If you think it best to have an “extra set of eyes” to assist, have a Lancaster Safety professional perform the evaluation (we do not issue fines or report fines to OSHA)! Give us a call today at (724) 776-1003!