OSHA Penalty Increase Effective Tomorrow

Jackson Lewis P.C.
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The Inflation Adjustment Act requires the Department of Labor to annually adjust its civil monetary penalties to adjust for inflation no later than January 15 of each year. Today, the Federal Register published the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020. This final rule increases civil penalties the Department of Labor assesses including those issued by OSHA based on workplace inspections and potential violations of safety and health standards.  The rule is effective today and the increased penalty rates will apply to any penalties assessed after the effective date of the rule.  So beginning tomorrow, OSHA civil penalties will increase.

Employers who have open and ongoing OSHA inspections can expect that any citations issued by OSHA after today will reflect the increased penalties.

The new 2020 maximum OSHA penalties are as follows:

  • Other-than-Serious: $13,494 (increased from $13,260)
  • Serious: $13,494 (increased from $13,260)
  • Repeat : $134,937 (increased from $132,589)
  • Willful: $134,937 (increased from $132,589)

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. Attorney Advertising.

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