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Fines for OSHA Violations Increased Substantially

Posted by Eric Kingsley | Sep 01, 2016 | 0 Comments

OSHA Violations

Osha violations 300x141

Earlier this month, the Occupational Safety and Health Administration (OSHA) increased fines for OSHA violations of safety regulations.  Effective August 1, 2016, the increases are the first implemented by the Administration since 1990. The maximum penalties increased by 78 percent and will be adjusted annually by OSHA based on changes in the Consumer Price Index.

The U.S. Congress adjusted the fines in a one-time catch-up adjustment for inflation for the first time since 1990 as part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. OSHA previously was exempted from a law that required federal agencies to raise their fines to keep up with inflation. The fiscal year 2016 budget agreement eliminated that exemption. 

The changes mean that OSHA can attach the new amounts to any citation issued after August 2, 2016, even for alleged violations that occurred prior to this date. The agency said it will continue its practice of reducing the amounts based on the size of an employer and other factors to address the impact of these increases on smaller businesses.

According to OSHA's website, the new penalties are as follows:

Type of Violation Current Maximum Penalty New Maximum Penalty
Serious
Other-Than-Serious
Posting Requirements
$7,000 per violation $12,471 per violation
Failure to Abate $7,000 per day beyond the abatement date $12,471 per day beyond the abatement date
Willful or Repeated $70,000 per violation $124,709 per violation

Note:  States that operate their own OSHA-approved job safety and health programs must enact the maximum penalty levels that have the same impact as the federal penalties. The federal agency provides up to 50 percent of the funding for these programs, which must be at least as effective as their federal counterpart.

California Employment Law

OSHA offers services for employers looking for compliance assistance. OSHA's On-site Consultation Program provides professional, individualized assistance to small businesses at no cost. OSHA also has compliance assistance specialists in Area Offices across the country.

If you're in California and have questions about OSHA's rules, workplace safety, or related California employment laws, don't hesitate to contact leading employment lawyers from Kingsley & Kingsley. Call us toll-free at (888) 500-8469 or contact our employment law office via email regarding your case.

About the Author

Eric Kingsley

In practice since 1996, attorney and firm co-founder Eric B. Kingsley has litigated complex cases and authored numerous appellate briefs in both state and federal court on behalf of the California law firm of Kingsley & Kingsley, including over 150 class actions. Mr. Kingsley concentrates his pra...

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