For clients and friends of Jackson Kelly PLLC
Volume 12, Number 15
©2016 Jackson Kelly PLLC
Civil penalty adjustments were announced on July 1, 2016, by the Department of Labor for the Occupational Safety and Health Administration (“OSHA”), the Mine Safety and Health Administration (“MSHA”), and other agencies as part of the 2015 Inflation Adjustment Act. These adjustments will apply to civil penalties assessed after August 1, 2016. Given that OSHA has a six-month statute of limitations to issue enforcement actions, the higher OSHA penalties could be applied to any alleged violations that occurred on or after February 1, 2016.
OSHA penalties will increase nearly 80 percent. The last adjustment for inflation to OSHA penalties occurred in 1990. The maximum penalty for serious or other-than-serious OSHA violations will increase to $12,471 (currently $7,000). The top penalty for willful or repeat OSHA violations will increase to $124,709 (currently $70,000).
The changes to MSHA penalties are more gradual, and are a mixed bag. The minimum penalty per the point formula at 30 C.F.R. Part 100 will increase slightly to $127 (currently $112), while the maximum penalty under the point formula at 30 C.F.R. Part 100 will decrease to $68,300 (currently $70,000). Other changes to note:
- Minimum penalty for 104(d)(1) Order will be $2,277 (currently $2,000)
- Minimum penalty for 104(d)(2) Order will be $4,553 (currently $4,000)
- Maximum penalty for flagrant violation will be $250,433 (currently $242,000)
For additional information, the Department of Labor has provided a chart outlining each agency’s penalty adjustments.
This article was authored by Dana M. Svendsen, Jackson Kelly PLLC. For more information on the author, click here.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Kristin R.B. White
(303) 390-0006
The Jackson Kelly PLLC Occupational Safety & Health News-Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety & Health News-Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.
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