DOL Announces Inflationary Adjustment of Labor Penalties

Last Friday, the Department of Labor (DOL) issued a final rule adjusting the civil penalties enforced by the DOL and its agencies to account for rising inflation. The adjustment is required under the Inflation Adjustment Act. The new civil penalties took effect on January 15, 2022.

The following table shows the new OSHA penalties for 2022:

Table 1: Maximum and Minimum Amounts for Civil Penalties

Type of Violation	Penalty Minimum	Penalty Maximum
Serious	$1,036 per violation	$14,502 per violation
Other-Than-Serious	$0 per violation	$14,502 per violation
Willful or Repeated	$10,360* per violation	$145,027 per violation
Posting Requirements	$0 per violation	$14,502 per violation
Failure to Abate	N/A	$14,502 per day unabated beyond the abatement date [generally limited to 30 days maximum]

*For a repeated other-than-serious violation that otherwise would have no initial penalty, a GBP penalty of $414 shall be proposed for the first repeated violation, $1,036 for the second repeated violation, and $2,072 for a third repetition.

The DOL pointed out that under section 18 of the Occupational Safety and Health Act of 1970, states administering OSHA-approved state plans must have maximum and minimum penalty levels that are at least as effective as federal OSHA’s. A rise in penalties in state plan states can therefore soon be expected.

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