To keep up with inflation and the ever-changing cost-of-living adjustments, the U.S. Department of Labor announced changes to Occupational Safety and Health Administration (OSHA) civil penalty amounts today.
As part of a Congressional act passed in 1990, the Federal Civil Penalties Inflation Adjustment Act, and amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Department completes an annual review by January 15th to evaluate and adjust civil money penalty levels against inflation.
We can expect the new penalty amounts, shown below, to take effect on January 17, 2023. Currently, penalties for serious and other-than-serious violations are $14,502 per violation. With the recent update, we are seeing over a $1,000 increase to $15,625. Repeated violations aren’t getting a break either with an increase to $156,259 per violation from the previous $145,027.
| Type of Violation | Penalty |
| Serious Other-Than-SeriousPosting Requirements | $15,625 per violation |
| Failure to Abate | $15,625 per day beyond the abatement date |
| Willful or Repeated | $156,259 per violation |
Curious about state-specific updates? Per the U.S. Department of Labor, states that operate their own OSHA Plans are required to adopt maximum penalty levels that are at least as effective as Federal OSHA’s. State Plans are not required to impose monetary penalties on state and local government employers.
This new rule goes into effect on January 15, 2023. It will apply to any penalties assessed after January 15, 2023.
Before you go egging the next OSHA enforcement officer you come in contact with, remember that these annual updates are in place to remind you of the importance of maintaining a safe and healthful work environment.