Due to the recent government shutdown, the Department of Labor (“DOL”) Final Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019 Final Rule has been delayed. Despite this, the DOL released its pre-published version of the Final Rule on January 15, 2019. The pre-published version is subject to modification by the Office of the Federal Register, but still provides guidance on the penalties contractors will face in 2019.
According to the pre-published version, the maximum penalty that may be assessed by OSHA in 2019 is $13,260 for serious, other-than-serious, failure to abate (per day), and violation of the posting requirement. The maximum penalty for willful or repeated violations is $132,598. This is an increase from $12,934 and $129,336, respectively.
Publication of the Final Rule in the Federal Register should be released shortly since the government shutdown has ended.
Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Regulations and laws may vary depending on your location. Consult with a licensed attorney in your area if you wish to obtain legal advice and/or counsel for a particular legal issue.