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OSHA Increases Amounts of Civil Penalties for 2021
By Kelly J. Bundy, Nathaniel L. Story on 01.15.2021
Posted in Department of Labor (DOL), Occupational Safety and Health Act (OSHA), Safety
OSHA Increases Amounts of Civil Penalties for 2021

As of Friday, January 15, 2021, OSHA penalties will increase in accordance with the Federal Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Act”).  

The Inflation Act provides that OSHA penalties will increase each year to keep up with inflation and cost of living adjustments, and will be increased each year by January 15.  

Below is a table of the newly updated minimum and maximum penalty amounts for violations:

Type of Violation Penalty Minimum Penalty Maximum
Serious $964 per violation $13,653 per violation
Other-Than-Serious $0 per violation $13,653 per violation
Willful or Repeated $9,639 per violation $136,532 per violation
Posting Requirements $0 per violation $13,653 per violation
Failure to Abate N/A

$13,653 per day unabated beyond the abatement date [generally limited to 30 days maximum]

In addition, for serious and willful violations, OSHA has implemented revised penalty reductions based on company size, which are as follows: 

Employees Percent reduction
10 or fewer 80
11-20 60
21-30 50
31-40 40
41-50 30
51-100 20
101-250 10
251 or more

0

We can expect the Commonwealth to adopt the same increased penalties and revised penalty reductions for size to stay in line with these federal changes.   

If you have questions about OSHA or VOSH compliance or penalties, please contact one of the experienced construction attorneys at Hirschler. 

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