The Annual Increase of OSHA Penalties Goes Into Effect!

On January 13, 2022, the Occupational Safety and Health Administration (OSHA) announced (click here for the announcement) effective January 15, 2022, in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 and several amendments that they are making the annual adjustments for inflation as required by those laws.  

The cost-of-living adjustment multiplier for 2022, based on the Consumer Price Index for October 2021 is 1.06222.  In computing the 2022 adjustment, OSHA multiplied the most recent penalty amount for each applicable penalty by the multiplier and then rounded to the nearest dollar.  

Serious Violation Penalties (per violation)       

    Minimum $1,036        Maximum $14,502

Other-Than-Serious Penalties (per violation)

    Minimum $0               Maximum $14,502

Willful or Repeat Penalties (per violation)    

     Minimum $10,360*    Maximum $145,027   

Posting Requirements (per violation)

    Minimum $0                Maximum $14,502

Failure to Abate (per day unabated beyond the abatement date, max. 30-days) $14,502

*For a repeated other-than-serious violation that otherwise would have no initial penalty a Gravity Based Penalty (GBP) of $414 shall be proposed for the first repeat violation, $1,036 for the second repeated violation, and $2,072 for a third repetition.              

This serious violation would cost the employer between $1,036 and $14,502

OSHA increased its penalties on August 1, 2016, the link to our previous blog post discussing the initial increase that started this annual process to increase fines is here.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 13, 2022 enforcement memo details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.  In addition, OSHA's website provides information and guidance to employers on debt collection activity.  The site is designed to help employers pay their debts with OSHA click here to visit the site.

OSHA Announces The Annual Increase in OSHA Penalties Effective January 15, 2021

On January 8, 2021, the Occupational Safety and Health Administration (OSHA) announced effective January 15, 2021, in accordance with the Inflation Adjustment Act has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $13,653, from $13,494.  Failure to Abate violations has increased to $13,653 per day beyond the abatement date from $13,494 and Willful/Repeat violations have increased to $136,532 from $134,937.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  Click here for the 2021 increase announcement.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 8, 2021 details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.  In addition, OSHA launched a new website to provide information and guidance to employers on debt collection activity.  The site is designed to help employers pay their debts with OSHA click here to visit the site.

A serious violation, as this picture shows, would now result in a $13,653 penalty. 

Related Articles:

• OSHA Fines Increase By 78%!  Will That Leads to an Increase in Safety Consulting & Training
• OSHA Fines Increase - Silica Rule Enforcement Ramps Up

OSHA Fines Increase by 1.8%

On January 15, 2020, the Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $13,494, from $13,260.  Failure to Abate violations has increased to $13,494 per day beyond the abatement date from $13,260 and Willful/Repeat violations have increased to $134,937 from $132,598.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  Click here for the 2020 increase announcement.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.  The OSHA January 10, 2020 details the penalty increase, minimum penalties, gravity-based penalty amounts, and serious willful penalty reductions.

Serious Violations will now be $13,494 each.

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• OSHA Fines Increase By 78%!  Will That Leads to an Increase in Safety Consulting & Training
• OSHA Fines Increase - Silica Rule Enforcement Ramps Up

Most Frequently Cited OSHA Standards in Fiscal Year 2018

The Occupational Safety and Health Administration (OSHA) annually publishes the top ten most frequently cited OSHA standards violated in the previous fiscal year.  OSHA has published the stats for the fiscal year (FY) 2018 (which runs from October 1, 2017, to September 30, 2018).  Here is the list of most frequently cited OSHA standards:

1. Fall Protection, construction (1926.501)
2. Hazard Communication Standard, general industry (1910.1200)
3. Scaffolding, general requirements, construction (1926.451)
4. Respiratory Protection (1910.134)
5. Control of Hazardous Energy (lockout/tagout), general industry (1910.147)
6. Ladders, construction (1926.1053)
7. Powered Industrial Trucks, general industry (1910.178)
8. Fall Protection - training requirements, construction (1926.503)
9. Machinery & Machine Guarding, general requirements, general industry (1910.212)
10. Eye and Face Protection (1926.102)

OSHA performed a total of 32,020 inspections in FY 2018.  In 2017, there were 971 fatalities in the construction industry which were 20.7% of total private industry fatalities.  The fatal four (falls, struck by, electrocution, & caught-in/between) were responsible for 59.9% of construction worker deaths in 2017.

The top 10 violations in the Remediation Servies Industry (which includes asbestos abatement, lead abatement, crime scene cleanups, oil spill cleanup, mold remediation, and hazardous materials remediation companies) were:

1. Asbestos (1926.1101)
2. Respiratory Protection (1910.134)
3. Lead (1926.62)
4. Hazard Communication (1910.1200)
5. Permit-required Confined Spaces (1910.146)
6. Inorganic arsenic (1910.1018)
7. Duty to have Fall Protection (1926.501)
8. Electronic Submission of Injury and Illness Records to OSHA (1904.41)
9. Scaffolding, general requirements (1926.451)
10. Ladders (1926.1053)

Interesting how the top four violations in the remediation industry should be the industry's specialty.

Since the silica standard has been in effect since September 23, 2017, we looked to see how many citations were issued in FY 2018.  OSHA performed 202 inspections in reference to the silica standard (1926.1153) and issued 556 citations for total penalties of $815,426.  The top 10 industries cited were:

1. Masonry Contractors
2. Poured Concrete Foundation and Structure Contractors
3. Commercial & Institutional Building Construction
4. Water & Sewer Line & Related Structures Construction
5. Highway, Street, & Bridge Construction
6. Site Preparation Contractors
7. Residential Building Contractors
8. Flooring Contractors
9. All Other Specialty Trade Contractors
10. Siding Contractors

As you can see OSHA is still performing inspections and still issuing citations.  Though silica standard is fairly new OSHA conducted almost triple the inspections than it did regarding asbestos.  However, OSHA's focus is definitely on falls, struck by, electrocutions, and caught-in/between. 

OSHA Fines Increase - Silica Rule Enforcement Ramps Up

On January 2, 2018, the Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $12,934, from $12,471.  Failure to Abate violations have increased to $12,934 per day beyond the abatement date from $12,471 and Willful/Repeat violations have increased to $129,336 from $124,709.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.

Properly Using Table 1 Will Avoid a Violation

According to April 24, 2018, article by Bloomberg Environment, OSHA and state programs have cited the silica rule 116 times since September 23, 2017.  With OSHA ramping up enforcement of the respirable crystalline silica rule (1926.1153) incorrectly following Table 1 procedures (cited 27% of the time), and not measuring worker exposures (cited 30% of the time), can result in a serious violation at the cost of $12,934 each.  Not training workers about silica or not having a silica exposure plan may result in other-than-serious violations that could cost $12,934 each.

Using this Equipment, we can Measure Silica Exposures

OSHA's website discussing the increase in civil penalties can be found here.  While the OSHA website discussing the silica rule requirements can be found here.

Related articles

• OSHA Fines Increase By 78%, Will That Lead To An Increase in Safety Consulting & Training?(futureenv.blogspot.com)

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• OSHA's Silica Standard - What's All The Fuss About? Part One(futureenv.blogspot.com)

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• New NIOSH Study Supports the OSHA Annual Fit Testing Requirements for Filtering Facepiece Respirators(blogs.cdc.gov)

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Remember to POST Your OSHA 300A Form and File It Electronically!

On February 1, covered employers are required to post the Occupational Safety and Health Administration's (OSHA) 300A form.  The 300A form summarizes the information that is kept on the OSHA 300 log form.  Covered employers are required to prepare and maintain records of serious occupational injuries and illnesses that occur at a workplace on the OSHA 300 log form.  At the end of the year, covered employers are required to tally the totals on each column and enter the totals on the OSHA 300A form.  The information should be used by employers to evaluate safety in the workplace and determine ways to eliminate or reduce hazards in the workplace.  OSHA's 300A form is required to be posted until April 30, 2018 and must be retained for 5 years.  During the retention period you are required to update the log to add new information regarding the occupational injuries and illnesses recorded on it.  OSHA has brief tutorial to help you complete the forms.

300A Form Must Posted By February 1, 2

A final rule was issued and went into effect on January 1, 2017, requiring certain employers to electronically submit injury and illness data to OSHA.  OSHA has provided an online secure website (click here for the website) for submitting this information. You must submit this information by July 1, 2018.  If you meet the following criteria you DO NOT have to electronically submit your 300A information to OSHA:

• The establishment's peak employment during the previous calendar year was 19 or fewer, regardless of the establishment's industry.
• The establishment's industry is on this list, regardless of the size of establishment.
• The establishment had a peak employment between 20 and 249 employees during previous calendar year and the establishment's industry is not on this list.
• Establishments under jurisdiction of these State Plan states do not currently have to electronically submit to OSHA: California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming.

Logo for NAICS (North American Industry Classification System), a system used by the U.S. Census Bureau and others. (Photo credit: Wikipedia)

A different rule which went into effect January 1, 2015, changed the list of employers partially exempt from the above recordkeeping requirements.  The revised list uses the new method of classification of industries, the North American Industry Classification System (NAICS).  The partially exempt industry list includes: architectural, engineering, & related services; legal services; & drinking places (really!!!), as examples.  For the full list of exempt industries visit OSHA's website on recordkeeping.  In addition, to new exempt industries there are industries that have to start keeping records.  These industries include:  automotive dealers, building material & supplies dealers, & activities related to real estate, for example.  Find the industries that have to start keeping records here.  

However, this does not exempt these industries or covered industries from reporting to OSHA, within 8 hours, any work-related fatality and reporting work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours.  This new reporting requirement was also part of the changes that went into effect on January 1, 2015.  Employers can report these events by telephone to the nearest OSHA Area office during normal business hours, or the 24-hour OSHA hotline 1-800-321-OSHA (6742), or electronically through a new tool which is being developed, look for it here.   Should you need any assistance with these requirements contact Future Environment Designs.

Related articles

• Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know(virginiaworkplacelaw.com)

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• OSHA 300A Posting Required by February 1. Changes Coming for Recordkeeping.(futureenv.blogspot.com)

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OSHA Fines Increase By 78%, Will That Lead To An Increase in Safety Consulting & Training?

Starting on August 1, 2016, employers who have Occupational Safety and Health Administration (OSHA) violations issued on or after this date for violations occurring on or after November 2, 2015 are subject to the new OSHA maximum civil penalties (fines) that are 78% higher.  This civil penalty increase was mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  For OSHA, the last time these penalties were adjusted was back in 1990.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.

The following table shows based on the type of violation what the old fine was compared to the civil penalty increase:

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

It is important to realize violations such as not performing respirator fit testing on your staff, or having a respiratory protection or hazard communication programs will now be $12,471 per violation.  Add to this OSHA's new reporting requirement that goes into effect on January 1, 2017.  This new reporting requirement requires electronic submission of injury and illness information that already is being collected.  The difference is this information will be made available to the public.  The idea is that with information being available to the public, employers will focus more on safety.  The new reporting regulation also anticipates an improvement in the accuracy of the data, because it prohibits employers from discouraging workers from reporting injuries and illnesses.  This part of the rule went into effect on August 10, 2016 (hey that's my birthday), however, OSHA has delayed enforcement till November 1, 2016.  It seems to us these two changes will create the perfect storm for employers to have an additional need for safety & health training and consulting.

Angelo Garcia, III Speaking at PACNY 2016

OSHA's website discussing the increase in civil penalties can be found here.  While the OSHA website discussing the new reporting requirements can be found here.

Related articles

• Big fine increase takes effect for OSHA, other labor violations(nhbr.com)

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• New NIOSH Study Supports the OSHA Annual Fit Testing Requirements for Filtering Facepiece Respirators(blogs.cdc.gov)

• New OSHA rule will make some firms’ injury reports public (www.newsday.com)

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