PR OSHA’s New Penalty Framework for Workplace Safety Violations Increases Fines for Employers

Jackson Lewis P.C.
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Takeaways

  • Puerto Rico Occupational Safety and Health Administration (PR OSHA) has increased penalty amounts for workplace safety violations.
  • The new penalty structure ensures consistency with federal OSHA enforcement standards.
  • Strengthening workplace safety programs, verifying postings, and implementing prompt corrective action can reduce exposure under the new penalty framework.

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PR OSHA recently issued a public notice announcing its updated fines and penalty structure for employer noncompliance with adopted OSHA standards. The updated fines are summarized here:

Nature of Violation Minimum Penalty
(per violation)
Maximum Penalty
(per violation)
Willful or repeated $11,823 $165,514
Serious $1,221 $16,550
Nonserious $0 $16,550
Failure to correct a cited violation N/A $16,550 per day until the violation is corrected
Not complying with posting notice requirement $0 $16,550

These new penalty amounts are intended to ensure parity with federal OSHA enforcement and to strengthen deterrence against workplace safety violations in Puerto Rico. They were made pursuant to PR OSHA’s authority under the Puerto Rico Workplace Safety and Health Act (“Act No. 16”; see Act No. 212-2024 amended Act No. 16 of August 5, 1975) to adjust such penalties periodically.

Employers in Puerto Rico should take this opportunity to review and improve their workplace health and safety programs, ensuring full compliance with current regulations and robust protection for their employees.

Remember, noncompliance can lead to substantial financial consequences, so immediate action is crucial.

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. Attorney Advertising.

© Jackson Lewis P.C.

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