OSHA Sets Penalty Increase Amount for 2018



When OSHA raised its citation penalty amounts for the first time since 1990 in 2016, it raised them 78% to catch up with inflation over that many years.  It wasn’t just a one time increase, however, as the amended Federal Civil Penalties Inflation Adjustment Act of 1990 no longer exempts OSHA from its requirements.

According to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, or the Inflation Adjustment Act, all civil money penalties must be increased by the rate of inflation by January 15th of each year.

As reported by the National Law Review, OSHA has issued a Federal Register notice with the proposed penalty increases for this year.  Even the states that follow their own State Plan are required to increase their penalty rates to “maintain at least as effective penalty levels,” according to the notice.

The new 2018 maximum OSHA penalties:

  • Serious, Other-Than-Serious, and Posting Requirements: $12,934 (up from $12,675)
  • Failure to Abate: $12,934 (up from $12,675) per day after due date
  • Willful or repeat: $129,336 (up from $126,749)