Did you know? OSHA adjusts their maximum penalty amounts each year ⚠️💵
💰 $16,131 per Serious, Other-Than-Serious and Posting Requirement violations
💰💰 $16,131 per day beyond the abatement date
💰💰💰 $161,323 per Willful or Repeated violations
Let's discuss how OSHA penalties are categorized for each proposed violation along with a brief description of each. It's hard to avoid inflation these days, but even OSHA isn't exempt from inflation.
De Minimis:
OSHA de minimis penalties are the least severe of the bunch. These penalties do not come with a monetary fine because they do not impact health and safety. De minimis violations are violations of OSHA’s technical rules. In other words, you implemented a measure different than the one specified in the applicable OSHA standard.
Other-Than-Serious:
This type of violation does have a direct relationship to workplace health and safety, which means a fine is issued alongside the penalty. These threats are not an immediate safety concern, but they do reflect noncompliance with OSHA standards, such as poor recordkeeping. The maximum penalty for other-than-serious violations was $13,494 (2022) now $16,131 (2024), but inspectors have freedom of restriction. The severity of the fine often depends on the attitude of the business, the history of the business, and the severity of the violation.
Serious:
Serious violations are perceived to have a high risk of potential injury, illness, or death to workers. In addition, a violation is classed as serious if the employer knew (or should have known) about the hazard and did nothing to address it. The maximum penalty for serious violations was $13,494 (2022) now $16,131 (2024), though this can be adjusted down based on the employer’s history, gesture of good faith, the size of the business, and the gravity of the violation.
Willful:
This time, you know that you’re in violation of the law. Worse, you’re doing so with the full knowledge that you’re violating the law and have no intention of changing the behavior. Because of this, the maximum penalty for a willful violation is far higher – shall not be less than $11,524 and shall not exceed $161,323 per violation. If an employee is killed as a result of a willful violation, the violation becomes a criminal offense with a minimum fine of $250,000 with the possibility of jail time. No adjustments are made for gestures of good faith.
Repeated:
Repeated offenses are just as serious as willful violations. Not only do you know that the problem exists, but you’ve already been cited for it – and you still failed to correct it.
Because of this, the maximum fine for repeated violations is $161,323 per violation.
Failure to Abate:
When you receive a citation for a violation, you have a date by which the issue must be resolved. If you do not resolve the issue by that date, you have committed a failure to abate violation. Because OSHA wants employers to correct issues as soon as possible, their fines are designed to discourage employers from dragging out the correction. The maximum penalty for failure to abate violations is $16,131 per day beyond the abatement date until you remedy the problem.
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