Adjustments to Penalties
On August 1, 2016, new penalty amounts for violations of Federal OSHA law took effect. OSHA’s maximum penalties, which were last adjusted in 1990, have been adjusted for inflation. The penalties, which include an initial “catch-up” adjustment, have increased 78%. Going forward, OSHA will continue to adjust its penalties for inflation each year based on the Consumer Price Index (CPI).
State Plan States
States that operate their own occupational safety and health State Plans are required to adopt maximum penalty levels that are at least as effective as Federal OSHA’s. States must comply with this requirement within the next six months.
Wyoming Health & Safety Protection on the Job
Wyoming has already announced its OSHA penalty increases. The State’s new penalty amounts, described on the State’s updated “Health and Safety Protection on the Job” posting, match the Federal amounts:
- serious violations – maximum penalty $12,471;
- non-serious violations – maximum penalty $12,471;
- failure to abate – maximum penalty $12,471 per day; and
- willful and knowing violations – maximum penalty $124,709.
Also, the posting clarifies that OSHA citations must be posted for a minimum of 3 days or until all cited violations are abated.
Wyoming penalty increases were made by an emergency rule that is expected to become final in November. The penalty increases are effective immediately. Like future Federal OSHA penalties, Wyoming’s OSHA penalties will be adjusted for inflation again next year and each year thereafter.
Wyoming employers are required to post the updated “Health and Safety Protection on the Job” posting. Employers can get into posting compliance with a new Wyoming All-On-One Labor Law Poster or Mobile Poster Pak™ (MPP), or by updating an existing poster or MPP with Compliance Poster Company’s exclusive Wyoming Health and Safety Protection on the Job Peel ‘N Post. Don’t delay! The maximum civil penalty for failure to meet posting requirements has also increased to $12,471.