Employment LawScene Alert: OSHA Penalties to Dramatically Increase in 2016

In early November, President Obama signed the Bipartisan Budget Act of 2015. One item that should be of particular note to employers is that, under the Act, OSHA penalties will rise significantly.

Because OSHA penalties have been consistent for over two decades, once the Act goes into place on July 1, 2016, there is an immediate “catch-up” provision that will adjust the penalties as much as 150%. However,  OSHA is also required to adjust the penalties on January 15 every year based on the Consumer Price Index (“CPI”). Because the CPI has increased 82% since the OSHA penalties were set in 1990, there is a possibility that the fines could be raised by that amount. The below chart shows the current penalty amounts and the amounts that they may be increased to:

Type of Violation

Current Maximum Penalty

Adjusted Maximum (150%)

Adjusted Maximum (182%)

Willful Violation

$70,000

$105,000

$127,400

Serious Violation

$7,000

$10,500

$12,740

Other-The-Serious Violation

$7,000

$10,500

$12,740

De Minimis Violation

$7,000

$10,500

$12,740

Failure to Abate Violation

$7,000

$10,500

$12,740

Repeat Violation

$70,000

$105,000

$127,400

These new fines will go into place August 1, 2016. Therefore, employers must keep a keen eye on safety now more than ever because OSHA has increased enforcement and now will increase its monetary penalties.

These new fines will go into place August 1, 2016. Therefore, employers must keep a keen eye on safety now more than ever because OSHA has increased enforcement and now will increase its monetary penalties.

Published by
Erica Reib

Recent Posts

Spring Cleaning for Your Business: Consider Your Document Retention Practices

Spring is the season for cleaning and organization—and it can also be a good time…

2 weeks ago

Wisconsin Incentivizes “Closing Credits” by Opening New Tax Credits for Filmmakers

A significant development to Wisconsin’s economic and cultural policy is now underway, as Governor Tony…

4 weeks ago

O’Neil Cannon Adds Four Shareholders

O’Neil Cannon is pleased to announce that Christina Ruud, Cate Heerey, Nancy Wilson, and Max…

1 month ago

O’Neil Cannon Welcomes Attorney Sabrina Dornan

O’Neil Cannon is pleased to announce that Sabrina Dornan has joined the firm. Dornan focuses…

1 month ago

Grant Killoran Elected Wisconsin State Bar Delegate to the American Bar Association

Grant Killoran was recently elected to serve as the Wisconsin State Delegate to the American…

2 months ago

O’Neil Cannon Attorneys Recognized as Benchmark Litigation Stars

O’Neil Cannon is proud to announce that attorneys Doug Dehler, Grant Killoran, Dean Laing, Greg…

2 months ago