In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor has adjusted penalties for its agencies, including OSHA, and these penalties represent an uptick of over 50 percent in some cases. However, OSHA will continue to provide penalty reductions based on the size of the employer and other factors.
The new penalties took effect August 2, 2016. Any citations issued by OSHA on or after this date will be subject to the new penalties if the related violations occurred after November 2, 2015.
| 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 |
State Plans
States that operate their own Occupational Safety and Health Plans are required to adopt maximum penalty levels that are at least as effective as Federal OSHA’s.
OSHA offers a variety of options for employers looking for compliance assistance. OSHA also has compliance assistance specialists in most of their 85 Area Offices across the nation who provide outreach and education programs for employers and workers. To provide guidance to field staff on the implementation of the new penalties, OSHA issued revisions to its Field Operations Manual.
For more information on complying with construction safety standards, contact our offices at Diversified Safety Services.
