Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties.
We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2022 inflation adjustments, which increase the penalties yet again.
Under the 2022 rule, the new maximum OSHA civil penalties will be:
| |
2021 Penalties |
2022 Penalties |
| Other than Serious Violations: |
$13,653 |
$14,502 |
| Serious Violations: |
$13,653 |
$14,502 |
| Repeat Violations: |
$136,532 |
$145,027 |
| Willful Violations: |
$136,532 |
$145,027 |
| Failure to Abate (Per Day): |
$13,653 |
$14,502 |
The new OSHA penalty amounts are applicable to OSHA citations issued after January 15, 2022, for violations occurring after July 15, 2021. In terms of a percentage increase (6.2%), 2021 to 2022 is the largest increase in base penalty amounts since the yearly increases started.
Readers familiar with EPA’s penalty structure know that environmental statutes typically set out a “per day” penalty, as well as a maximum statutory penalty. However, certain statutes allow for civil judicial enforcement that does not carry a maximum statutory penalty.
Under the 2022 rule, the new maximum EPA civil penalties will be:
| |
2021 Penalties |
2022 Penalties |
|
Clean Air Act Daily:
Maximum (per violation):
|
$48,762 – $102,638
$390,092
|
$51,796 – $109,024
$414,364
|
|
Clean Water Act Daily:
Maximum (per violation):
|
$22,584 – $56,460
$282,293
|
$23,989 – $59,973
$299,857
|
| RCRA Daily: |
$61,820 – $102,638 |
$62,689 – $109,024 |
CERCLA Daily:
(including EPCRA)
Maximum (per violation): |
$59,017
$177,053
|
$62,689
$188,069
|
EPA’s 2022 penalties are effective for violations that occurred after November 2, 2015, where the penalty was assessed on or after January 12, 2022. EPA’s 2021 penalties remain effective for violations that occurred after November 2, 2015, where the penalty was assessed on or after December 23, 2020 but before January 12, 2022.
EPA and DOL are required to continue to adjust maximum penalties for inflation by January 15 of each new year.
