Are we seeing the new face of OSHA? David Michaels said the agency is doing what it can to administratively raise the dollar amounts of its penalties and adopting a new structure for penalty reductions based on the company's employee count.
OSHA announced a Severe Violator Enforcement Program today that will be in effect in 45 days and also said it is administratively raising the dollar value of its penalties, suggesting it would raise them higher still if it could.
"The current maximum penalty for a serious violation, one capable of causing death or serious physical harm, is only $7,000 and the maximum penalty for a willful violation is $70,000. The average penalty for a serious violation will increase from about $1,000 to an average $3,000 to $4,000," OSHA's news release stated. "Monetary penalties for violations of the OSH Act have been increased only once in 40 years despite inflation. The Protecting America’s Workers Act would raise these penalties, for the first time since 1990, to $12,000 and $250,000, respectively. Future penalty increases would also be tied to inflation. In the meantime, OSHA will focus on outreach in preparation of implementing this new penalty policy."
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