OSHA AND MSHA PENALTIES INCREASE IN 2018

On January 2, 2018, the U.S. Department of Labor increased civil penalties for both OSHA and MSHA violations. The increases were effectuated pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). The increases are as follows: 

In OSHA matters,

· Serious, other than serious, and failure to abate violations increase from $12,615 to $12,934; and

· Willful or repeated violations increase from $126,749 to $129,336.

In MSHA matters,

· Regular 104(a) citations increase from a maximum of $69,417, to a maximum of $70,834;

· 104(d)(1) and 104(d)(2) citations and orders increase from minimums of $2,314 and $4,627, to minimums of $2,361 and $4,721;

· Failure to notify violations increase from a minimum of $5,785, to a minimum of $5,903;

· Failure to abate violations increase from a maximum of $7,520 per day, to a maximum of $7,673 per day; and

· Flagrant penalties increase from a maximum of $254,530, to a maximum of $259,725.

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