Occupational Safety and Health Administration (OSHA) penalties for violations of the Occupational Safety and Health Act (OSH Act) vary based on several factors and in rare instances may lead to Department of Justice (DOJ) or state prosecution for criminal liability.
"There's really no typical penalty because penalty assessment will differ based on statutory factors including gravity of hazard, good faith of employer, size of the business and history of violations," said John Ho, an attorney with Cozen O'Connor in New York City.
The maximum penalty this year for a serious or "other-than-serious" violation is $14,502 per violation. A serious violation has a minimum penalty of $1,036 per violation while an other-than-serious violation has a minimum penalty of $0 per violation.
A willful or repeated violation has a maximum penalty of $145,027 per violation and minimum penalty of $10,360 per violation. Failure to satisfy a posting requirement can result in up to $14,502 per violation. Failure to abate can result in $14,502 per day unabated beyond the abatement date, generally limited to 30 days maximum.
"These penalties are adjusted to inflation and will periodically rise accordingly," said Jonathan Snare, an attorney with Morgan Lewis in Washington, D.C., and Jason Mills, an attorney with Morgan Lewis in Los Angeles, in a joint e-mail.
A reduction can be given if there is no history of previous violations. A maximum reduction of 25 percent is permitted for good-faith efforts,...
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