OSHA Increases Maximum Civil Money Penalties to Start the New Year

Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the maximum penalty for willful or repeat violations increased from $156,259 per violation to $161,323 per violation. The increases became effective as of January 16, 2024.

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Information About OSHA’s Free Safety and Health Consultation Service

Creating a strong safety culture in a business has many components. It requires the commitment and participation of the executive management team and all supervisory and non-supervisory employees throughout the organization. A critical part of accomplishing this requires conducting internal and/or third-party safety and health audits on a routine basis and whenever business needs otherwise dictate, e.g., after an injury or a near-miss incident. There are many benefits to having regular health and safety audits at your business, including increasing efficiency, avoiding legal risks, ensuring compliance with federal and state regulations, helping to keep insurance premiums low, and keeping workers out of danger. Doing so is also a clear sign to employees that the business is prepared to dedicate resources and time to ensure their safety and health is not just a lip service type issue. OSHA generally recommends that all employers conduct regular safety audits at least once a year and, in some situations, may impose fines on companies that fail to have them as a regulatory compliance matter. 

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Wildfire Smoke Exposure: What are an Employer’s Obligations?

When it became apparent yesterday that the wildfire smoke cascading throughout parts of the Northeastern United States was having a serious health effect on anyone outside and exposed to the harmful particulates contained in such smoke, certain outside activities were simply canceled, such as the major league baseball games in Philadelphia and New York City. But what if your business cannot simply give everyone the day off and you are concerned about your legal obligations to your employees, especially if their outside work is exposing them to potential adverse health effects?

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Get Ready For More OSHA Inspections, Citations, and Greater Penalties

As we head into 2023, employers can expect to see more aggressive OSHA enforcement. BNA reported that the number of OSHA inspectors grew 19% in the fiscal year 2022. This was not surprising given the significant increase to OSHA’s FY 2021 budget, which earmarked funds to hire new OSHA inspectors. Moreover, the Biden administration has requested 701 million for OSHA in the fiscal year 2023, which is approximately $89 million more than OSHA received in 2022, so increased hiring and more frequent inspections are likely to continue past 2023. 

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A Reminder of the March 2nd Deadline to Electronically Submit OSHA 300A and OSHA Penalty Increase Update

As a reminder to covered establishments, they must electronically submit their Form 300A on or before March 2, 2023, which can be done here. Covered establishments generally include 250 or more employees or 20-249 employees in certain high-risk industries identified by OSHA. OSHA has publicly announced that it has been developing an analytic approach to identify non-responders from the previous calendar year’s data collection process, so we fully expect to see more aggressive enforcement against non-responders this year.

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