The Department of Labor (DOL) recently released its 2022 inflation-adjusted civil monetary penalties that may be assessed on employers for violations of a wide range of federal laws, including the Occupational Safety and Health Act (OSH Act). The increased amounts apply to civil penalties assessed on or after Jan. 15, 2022. Here’s an outline of the adjusted penalties based on violation type for 2022:
- Posting requirement violation—The penalty amount for this violation is now up to $14,502 per violation. This amount increased from up to $13,653 per violation in 2021.
- Other-than-serious violation—Similar to the previous violation, the penalty amount for this violation is also now up to $14,502 per violation. This amount increased from up to $13,653 per violation in 2021.
- Serious violation—Mirroring the previous violation types, the penalty amount for this violation is also now up to $14,502 per violation. This amount increased from up to $13,653 per violation in 2021.
- Willful violation—The penalty amount for this violation is now between $10,360 and $145,027 per violation. This amount increased from between $9,753 and $136,532 per violation in 2021.
- Uncorrected violation—The penalty amount for this violation is now up to $14,502 per day until the violation is corrected. This amount increased from up to $13,563 per day until correction in 2021.
Amid these changes, it’s important for employers to become familiar with the new penalty amounts and review the effectiveness of their current workplace health and safety protocols, making adjustments as needed. In doing so, employers can prevent potential violations (as well as their associated costs), promote a safe work environment and ensure compliance with federal requirements.
For additional OSHA updates, contact us today.
OSHA Electronic Reports Are Due March 2
Each year, OSHA requires certain employers to submit information from OSHA Form 300A electronically by March 2. Affected employers must submit their reports using OSHA’s Injury Tracking Application. Affected establishments include:
- Establishments with 250 or more employees, if they are already required to create and maintain OSHA records
- Establishments with between 20 and 249 employees that operate within a high-risk industry
OSHA or the Bureau of Labor Statistics (BLS) may require otherwise exempt establishments to submit these reports on a case-by-case basis. OSHA will collect information on injuries and illnesses to identify emerging hazards, characterize specific areas of concern, or target inspection and outreach initiatives under OSHA’s emphasis program.