OSHA penalties Are Going Up. Repeats Will Cost Up To $132,598 In 2019.

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As of the end of last month, OSHA citations will cost you more. The Department of Labor published the official version of the Final Rule for the Federal Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019, which adjusts civil penalties for inflation. Federal law requires the annual adjustment to occur each year by January 15th. This year’s publication was delayed due to the partial government shutdown.

The official new penalty levels took effect upon publication last week and apply to penalty assessments after January 23rd. To calculate 2019 penalty levels, a multiplier of 1.02522 was applied to 2018 penalty amounts. The changes to penalty levels for OSHA are contained in the chart below:

Type of violation Min Penalty Max Penalty
Serious Violation   $13,260
Other-Than-Serious   $13,260
Willful $9,472 $132,598
Repeated   $132,598
Posting Requirement  

$13,260

Failure to Abate   $13,260

Thousands of serious and willful violations last year

In FY 2018, OSHA issued thousands of serious violations. As compiled by Safety and Health Magazine, the top 10 serious violations for FY 2018 involved the following standards:

  Standard Total Violations
1 Fall protection (1926.501) 5,899
2 Scaffolding (1926.451) 3,059
3 Hazard communication (1910.1200) 2,949
4 Ladders (1926.1053) 2,480
5 Lockout/tagout (1910.147) 2,384
6 Respiratory protection (1910.134) 2,044
7 Machine guarding (1910.212) 1,710
8 Powered industrial trucks (1910.178) 1,548
9 Fall protection – training (1926.503) 1,539
10 Eye and face protection (1910.102) 1,353

OSHA also issued hundreds of willful citations. The top willful issues involved:

  Standard Total Violations
1 Fall protection (1926.501) 134
2 Lockout/tagout (1910.147) 30
3 Grain handling facilities (1910.272) 22
4 Protective systems (1926.652) 19
5 Respiratory protection (1910.134) 15
6 Machine guarding (1910.212) 14
7 Fall protection – training (1926.503) 12
8 Mechanical power-transmission
apparatus (1910.219)
11
9 Hazard communication (1910.1200) 10
10 Permit-required confined
spaces (1910.146)
10

 

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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