As of Friday, January 15, 2021, OSHA penalties will increase in accordance with the Federal Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Act”).
The Inflation Act provides that OSHA penalties will increase each year to keep up with inflation and cost of living adjustments, and will be increased each year by January 15.
Below is a table of the newly updated minimum and maximum penalty amounts for violations:
| Type of Violation | Penalty Minimum | Penalty Maximum |
| Serious | $964 per violation | $13,653 per violation |
| Other-Than-Serious | $0 per violation | $13,653 per violation |
| Willful or Repeated | $9,639 per violation | $136,532 per violation |
| Posting Requirements | $0 per violation | $13,653 per violation |
| Failure to Abate | N/A | $13,653 per day unabated beyond the abatement date [generally limited to 30 days maximum] |
In addition, for serious and willful violations, OSHA has implemented revised penalty reductions based on company size, which are as follows:
| Employees | Percent reduction |
| 10 or fewer | 80 |
| 11-20 | 60 |
| 21-30 | 50 |
| 31-40 | 40 |
| 41-50 | 30 |
| 51-100 | 20 |
| 101-250 | 10 |
| 251 or more | 0 |
We can expect the Commonwealth to adopt the same increased penalties and revised penalty reductions for size to stay in line with these federal changes.
If you have questions about OSHA or VOSH compliance or penalties, please contact one of the experienced construction attorneys at Hirschler.
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...
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A professional engineer (P.E.) and an experienced lawyer, Webb began practicing at Hirschler following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and corporate law ...
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