OSHA Gets Green Light to Raise Maximum Penalties

November 16, 2015 – A bipartisan Congressional budget agreement provision effectively raises maximum penalties OSHA can levy, reports SC&RA. OSHA has not increased its maximum penalties since 1990. Signed into law Nov. 2, the provision would raise maximums for alleged willful, repeat and serious violations by more than 80%, to catch up with inflation.

 

“The most serious obstacle to effective OSHA enforcement of the law is the very low level of civil penalties allowed under our law, as well as our weak criminal sanctions,” Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, said during his request to the Senate Subcommittee on Employment and Workplace Safety. “For example, the Environmental Protection Agency can impose a penalty of $270,000 for violations of the Clean Air Act and a penalty of $1 million for attempting to tamper with a public water system. Yet, the maximum civil penalty OSHA may impose when a hard-working man or woman is killed on the job—even when the death is caused by a willful violation of an OSHA requirement—is $70,000,” said Michaels.

 

Legislators also established provisions for annual adjustments in later years. Raising the maximum fines in line with the Consumer Price Index for the catch-up boost requires OSHA to publish an interim final rule by July 1, 2016, which would allow the adjustment to take effect by Aug. 1, 2016, reports SC&RA.