As they now do every year, the fine folks at the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) have raised their penalties for 2024.
Maximum OSHA civil penalties for 2024 have jumped to:
Serious &
Other than Serious Violations
$16,131
Repeat &
Willful
Violations
$161,323
Failure to Abate
(per day)
$16,131
Changing gears and looking at EPA Penalties, here’s how they’re shaping up for 2024:
When it comes to the EPA, environmental statutes typically set out a “per day” penalty, as well as a maximum statutory penalty. But keep in mind that certain statutes allow for civil judicial enforcement that does not carry a maximum penalty.
Clean Air Act
Daily
$117,486 –
$121,271
Maximum (per violation)
$460,926
Clean Water Act
Daily
$26,685 –
$66,712
Maximum (per violation)
$333,552
RCRA
Daily
$18,139 –
$90,702
CERCLA
(Including EPCRA)
Daily
$69,733
Maximum (per violation)
$209,202
Why these changes? Blame inflation.
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires federal agencies to adjust their maximum fees for violations to stay commensurate with the cost of living. In other words, as the price of a gallon of milk goes up, so too do OSHA fines.
So, what can you do about it?
“Your business never wants to be cited by OSHA,” says Adam Crowell, V.P. of Legal and Corporate Development at KPA + ComplyNet. “Standard fines can be very expensive, and if OSHA finds the same conditions exist years after the fact, they can hit you with a Willful or Repeated violation of up to $161,323. “This is one of the many reasons why it is imperative to have a proactive environmental, health, and safety program to identify and resolves issues before they become bigger issues,”
Staying out of regulators’ crosshairs is a good thing, no matter which regulatory body you’re talking about. One thing you can do is know ahead of time what a regulator’s looking for. KPA’s District Manager, Amanda Rawls, wrote a great article on just this topic.
Regulatory Audit Best Practices
Now’s a great time to save money by going vegan or—better yet—improving your safety culture. See how easy and cost-effective it can be to reduce your regulatory risk.