OSHA Penalties Increase 78 Percent Starting Aug. 1, 2016

All information provided by KPA

 

OSHA PENALTIES INCREASE 78 PERCENT STARTING AUGUST 1, 2016

On June 30, 2016, the Occupational Safety and Health Administration (OSHA) announced an increase in monetary penalties for violations of OSHA standards and regulations.

The increased penalties are the direct result of a provision in the 2015 Inflation Adjustment Act which gives OSHA the authority to increase penalties to adjust for inflation. This new law requires agencies to publish “catch up” rules to make up for low penalties over the past three decades, and directs agencies to adjust their penalties moving forward based on the Consumer Price Index. OSHA has not adjusted it’s penalties since 1990.

HOW DOES THIS AFFECT ME?

AMOUNT OF PENALTY INCREASE

Type of Violation

Current Maximum Penalty

New Maximum Penalty

Serious – High probability that serious physical harm may occur

Other than Serious – Probably would not cause serious physical harm

 

 

$7,000 per violation

 

 

Up to $12,471 per violation

Failure to Abate – Did not correct a prior violation

$7,000 per day beyond the abatement date

Up to $12,471 per day beyond the abatement date

Willful – Employer intentionally and knowingly violates a standard

Repeated – A substantially similar violation is identified as noted in a previous inspection

 

 

$70,000 per violation

 

 

Up to $124,709 per violation

 

STATE PLAN STATES

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.