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2024 Annual Adjustments to OSHA Civil Penalties
February 7, 2024
OSHA Penalties
- Purpose.
The penalty information included in this memorandum supplements the penalties and debt collection information found in Chapter 6 of the Field Operations Manual (FOM). Tables included in this memorandum reflect penalty amounts for calendar year 2024 and correspond to adjusted penalty amounts found in OSHA Information Systems (OIS). OSHA updates this information annually to ensure access to current penalty information.
- Background.
On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 was enacted, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 as previously amended by the 1996 Debt Collection Improvement Act (collectively, the “Prior Inflation Adjustment Act”), to improve the effectiveness of civil monetary penalties and maintain their deterrent effect. The Inflation Adjustment Act required agencies to: (1) adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule and (2) make subsequent annual adjustments for inflation, no later than January 15 of each year.
The cost-of-living adjustment multiplier for 2024, based on the Consumer Price Index for All Urban Consumers for October 2023 (not seasonally adjusted), is 1.03241. To compute the 2024 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.03241, and rounded to the nearest dollar. The adjustment factor of 1.03241 is consistent across the minimum and maximum penalties set forth in the Occupational Safety and Health Act and the FOM.
- Minimum and Maximum Penalty Amounts. See Chart
- Gravity Based Penalty Amounts.
The gravity of a violation is defined by the Gravity Based Penalty (GBP).
- A high gravity violation is one with a GBP of $16,131.
- A moderate gravity violation is one with the GBP ranging from $9,218 to $13,828.
- A low gravity violation is one with a GBP of $6,913.
For other-than-serious violations, only minimal severity is assigned. If the Area Director determines that it is appropriate to achieve the necessary deterrent effect, a maximum penalty of $16,131 may be proposed.
- Serious Willful Penalty Reductions.
The reduction factor for history shall be applied as usual. The reduction factors for size for serious willful violations shall be applied as shown in Table 3: - Table 3: Serious Willful Penalty ReductionsEmployeesPercent reduction10 or fewer8011-206021-305031-404041-503051-10020101-25010251 or more0
If you have any questions regarding the above, please contact Directorate of Enforcement Programs at (202) 693-1850.
Safety Management Systems
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For the 13th consecutive year, Fall Protection topped the list with 7,271 violations in fiscal year 2023. Hazard communication (3,213 violations), Ladders (2,978 violations), Scaffolding (2,859 violations) and Powered industrial trucks (2,561 violations) rounded out the top five. Construction was a common theme among many entires on the top 10, as Harbin noted that roofing contractors ere the most common to cite many of the violations on the list, including Fall Protection. The full ranked list of OSHA's Top 10 Safety Violations is as follows: Fall Protection - General Requirements (1926.501) - 7,271 violations Hazard Communication (1910.1200) - 3,213 violations Ladders (1926.1053) - 2,978 violations Scaffolding (1926.451) - 2,859 violations Powered Industrial Trucks (1910.178) - 2,561 violations Lockout/Tagout (1910.147) - 2,554 violations Respiratory Protection (1910.134) - 2,481 violations Fall Protection - Training Requirements (1926.503) - 2,112 violations Personal Protective and Lifesaving Equipment - Eye and Face Protection (1926.102) - 2,074 violations Machine Guarding (1910.212) - 1,644 violations Understanding these violations and the associated risks is essential for creating safer workplaces and preventing accidents. As the 2023 NSC Safety Congress & Expo continues, participants have the opportunity to further engage with experts, attend sessions and explore solutions aimed at addressing pressing safety issues such as those on OSHA’s top violations. Author: Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety https://ohsonline.com/articles/2023/10/24/2023-nsc-safety-congress-and-expo-unveils-oshas-top-10-safety-violations.aspx?admgarea=magazine&m=1
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CONTACT INFO
Michael Fraser
732-801-5598
Mike@TridentSafetyCo.com
Holly Springs, NC 27540
