As they now do every year, the fine folks at the Occupational Safety and Health Administration and the Environmental Protection Agency have raised their fines for 2023.
Maximum OSHA civil penalties have jumped to:
Serious &
Other than Serious Violations
$15,625
Repeat &
Willful
Violations
$156,259
Failure to Abate
(per day)
$15,625
Changing gears and looking at EPA Penalties, here’s how they’re shaping up for 2023:
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
$55,808 –
$117,468
Maximum (per violation)
$446,456
Clean Water Act
Daily
$25,847 –
$64,618
Maximum (per violation)
$323,081
RCRA
Daily
$70,752 –
$117,468
CERCLA
(Including EPCRA)
Daily
$67,544
Maximum (per violation)
$202,635
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. As far as a percentage increase, the 6.2% increase this year is the largest increase in base penalty amounts since the yearly increases started.
So, what can you do about it?
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.
