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Employer Update: OSHA Civil Monetary Penalties Increase

January 28, 2019

On Jan. 23, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, including the Occupational Safety and Health Administration, for 2019. This final rule is effective on Jan. 23, 2019. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after the effective date of this rule.

States that operate their own Occupational Safety and Health Plans are required to adopt maximum penalty levels that are at least as effective as federal OSHA’s.

Below are the maximum penalty amounts adjusted for inflation as of Jan. 23, 2019, according to OSHA’s website.

Type of Violation  Penalty
Serious
Other-Than-Serious
Posting Requirements
$13,260 per violation
Failure to Abate $13,260 per day beyond the abatement date
Willful or Repeated $132,598 per violation

For more information, visit OSHA’s website.

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