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)
The United States Consumer Product Safety Commission has announced a recall of 3 different drills manufactured by Black & Decker due to safety concerns.
Just over a year ago, in September of 2017, Hurricane Irma blew through Miami, Florida, bringing extremely high speed wind with it. The wind caused 3 cranes to collapse in southern Florida, 2 in downtown Miami and 1 more in Ft. Lauderdale. Interesting video of the dismantling of one of the failed cranes was shared on Youtube.
In September of 2017, OSHA’s new standard on exposure to respirable crystalline silica went into effect in the construction industry. The rule lowered the allowable exposure to the harmful substance to 50 micrograms per cubic meter, a measurement that we’re all familiar with [/sarcasm]. After a full year of enforcement, OSHA is considering making a change to the rule.
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Last week, we shared some newly updated Trenching and Excavation safety information from OSHA, which was part of their priority goals for 2018. Those updates included a public service announcement and updated online resources. The administration has just announced the update of their National Emphasis Program (NEP) on trenching and excavation safety, which features a period of education and prevention outreach.
Earlier this year, it was announced that reducing injuries and deaths caused by trenching and excavation collapses would be a priority goal for OSHA in 2018. The administration planned to achieve this through increased inspection rates, public service announcements (PSA), updating online resources, and creating a better public-private partnership. Recently, OSHA made good on their promise to issue PSAs and update their online resources.
In a time where many industry groups are strongly fighting against new regulations of any kind, more than 130 organizations have co-signed a petition for OSHA to establish a national standard for heat protection across many industries.
As other organizations, like the NTSB, are busy analyzing the root cause of the pedestrian bridge collapse that killed 6 people and injured 8 others in Florida in March, OSHA has finished their investigation and issued safety violations to 5 different contractors.