Time To Raise OSHA And MSHA Penalties!

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It’s that time of year again! OSHA and MSHA penalties were automatically adjusted this month. What will safety and health enforcement cost you in 2020? Read on.

For the last few years, Department of Labor (DOL) penalties for violating OSHA and MSHA standards, among others, have been adjusted each year to account for inflation. Yesterday, DOL published a final rule in the Federal Register to increase those penalties by 1.764%. The new figures apply to any penalties assessed after January 15, 2020.

OSHA penalties top out at $134,937 per violation (if it’s willful)

Violation type 2019 penalties 2020 penalties
Willful $9,472 – $132,598
(min – max)
$9,639 – $134,937
(min – max)
Repeat $132,598 $134,937

Serious

Other-than-serious

Failure to abate

Posting

$13,260 (max) $13,494 (max)

MSHA penalties reach maximum $270,972 (if it’s flagrant)

 Violation type 2019 Penalties 2020 Penalties
Regular assessment $72,620 (max) $73,901 (max)
Penalty conversion table $135 – $72,620 $137 – $73,901
104(d)(1) order $2,421 (min) $2,464 (min)
104(d)(2) order $4,840 (min) $4,925 (min)
Failure to timely notify of accident under 103(j) $6,052 – $72,620 $6,159 – $73,901
Failure to abate $7,867 (max per day) $8,006 (max per day)
Smoking standards $332 (max) $338 (max)
Flagrant violations $266,275 (max) $270,972 (max)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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