The U.S. Department of Labor published a final rule in the Federal Register that increases penalty amounts to adjust for inflation across its various agencies, including OSHA. The penalty increases are effective as of January 13, 2017.
This most recent increase follows a much larger increase of 78 percent, which took effect in August 2016. That jump represented the first time OSHA had increased its penalties since 1990. The new fines are just over 1 percent higher than the August 2016 levels.
The new penalty levels will apply to all violations occurring after November 2, 2015, with penalties assessed after January 13, 2017.
The following chart compares penalties in effect August 1, 2016, to the new penalties effective January 13, 2017:
Violation | August 2016 penalty levels |
Penalties as of January 13, 2017 |
Any willful violation of OSHA rules or standards (29 CFR 1903.15(d)(1)) |
Minimum of $8,908
up to $124,709 |
Minimum of $9,054
up to $126,749 |
Any repeated violation of OSHA rules or standards (29 CFR 1903.15(d)(2)) |
Up to $124,709 | Up to $126,749 |
Any serious violation of OSHA rules or standards (29 CFR 1903.15(d)(3)) |
Up to $12,471 | Up to $12,675 |
OSHA violation deemed other-than-serious (29 CFR 1903.15(d)(4)) |
Up to $12,471 | Up to $12,675 |
Failure to correct a violation (29 CFR 1903.15(d)(5)) |
Up to $12,471 | Up to $12,675 |
Violation of posting requirements (29 CFR 1903.15(d)(6)) |
Up to $12,471 | Up to $12,675 |
For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.