HAPPY NEW YEAR! OSHA AND MSHA PENALTIES ARE INCREASING
January 2, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 1
©2018 Jackson Kelly PLLC
In accordance with the Federal Civil Penalties Inflation Adjustment Act, the Occupational Safety and Health Administration (“OSHA”), the Mine Safety and Health Administration (“MSHA”), and several other U.S. Department of Labor civil penalties are increasing. This yearly inflation adjustment, an approximate two percent increase, has a modest effect on penalties. The new values went into effect as of January 2, 2018, so be on the lookout for these new numbers on assessments going forward.
OSHA’s penalty increases are as follows:
- Other-than-serious, serious and failure to abate violations - $319 increase, now up to $12,934 per violation maximum
- Willful and repeat violations - $2,587 increase, now up to $129,336 per violation maximum
MSHA’s new penalty values are:
- Regular Part 100 Penalty Assessments Range – $132 minimum to $70,834 maximum
- Minimum § 104(d)(1) Penalty - $2,361
- Minimum § 104(d)(2) Penalty - $4,721
- Timely Notification of Accidents Penalty - $5,903 minimum to $70,834 maximum
- Failure to Abate § 104(a) Daily Violation Maximum Penalty - $7,673
- Flagrant Violation Penalty Maximum – $259,725
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Karen L. Johnston
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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