More Big Money: OSHA and EPA Civil Penalties Increase for 2023

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 2023 inflation adjustments, which increase the penalties yet again.

Under the 2023 rule, the new maximum OSHA civil penalties will be:

  2022 Penalties 2023 Penalties
Other than Serious Violations: $14,502 $15,625
Serious Violations: $14,502 $15,625
Repeat Violations: $145,027 $156,259
Willful Violations: $145,027 $156,259
Failure to Abate (Per Day): $14,502 $15,625

The new OSHA penalty amounts are applicable to OSHA citations issued after January 15, 2023, for violations occurring after July 15, 2022.

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 2023 rule, the new maximum EPA civil penalties will be:

  2022 Penalties 2023 Penalties
Clean Air Act                        Daily: Maximum (per violation): $51,796 –  $109,024 $414,364 $55,808 – $117,468   $446,456
Clean Water Act                   Daily: Maximum (per violation): $23,989 – $59,973 $299,857 $25,847 – $64,618   $323,081
RCRA                                    Daily: $65,666 – $109,024 $70,752 – $117,468
CERCLA                               Daily:
(including EPCRA)
Maximum (per violation):
$62,689 $188,069 $67,544 $202,635

EPA’s 2023 penalties are effective for violations that occurred after November 2, 2015, where the penalty was assessed on or after January 6, 2023. EPA’s 2022 penalties remain effective for violations that occurred after November 2, 2015, where the penalty was assessed on or after January 12, 2022 but before January 6, 2023.

DOL and EPA are required to continue to adjust maximum penalties for inflation by January 15 of each new year.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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