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January 17, 2023
Starting today, the U.S. Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties for violations of federal occupational safety and health standards.
Specifically, OSHA’s maximum penalty for violations increased from $14,502 per violation to $15,625 per violation. Also, the maximum penalty for willful or repeated violations increased from $145,027 per violation to $156,259 per violation. For more information regarding penalty increases for other violations, please visit the OSHA Penalties page and read the final rule.
Employers should note that OSHA civil penalties will continue to increase on an annual basis. Those increases will go into effect no later than January 15 each year.[1] In 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act to advance the effectiveness of civil monetary penalties, including adjusting those penalties for inflation and to ensure their deterrent effect.
Employers always should endeavor to comply with workplace safety obligations to avoid being cited. If an employer receives a citation, they should seek legal guidance to fully assess the risks of choosing to accept the citations versus contesting them. We can help.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
[1] This year, January 15 fell on a Sunday and January 16 was a federal holiday. As such, new OSHA penalty amounts became effective January 17, 2023.
