n 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Improvements Act. Last year, for the first time since the Act became active, the Senate decided not to impose an increase in OSHA penalties. Effective January 17, 2024, however, penalties will be increased by almost eight percent. Penalties for other-than-serious violation, a serious violation and a failure-to-abate violation will remain at $15,625 per violation. Willful and repeat violations have a maximum penalty amount of $156,259 per violation.
Other than Serious Violation: A violation that has a direct relationship to job safety and health but probably would not cause death or serious physical harm.
Serious Violation: A violation where there is a substantial probability that death or serious physical harm could result and that the employer (business owner or manager) knew or should have known of the hazard.
Willful Violation: A violation that the employer intentionally and knowingly commits. The employer either knows that what he or she is doing constitutes a violation or is aware that a hazardous condition exists and has made no reasonable effort to eliminate it.
Repeat Violation: A violation of any standard, regulation, rule or order where, on reinspection, a substantially similar violation is found and the original citation has become a final order.
Failure to Abate Violation: Failure to correct previous violation cited by OSHA.
Notably, President Biden has proposed the department budget be increased by 17 percent – or a whopping $106.48 million – to $738.7 million. The agency seeks to add 432 new full-time positions to all Federally Funded OSHA offices and states. This will result in increased site inspections and heightened OSHA violations for many employers.
Safety should always be a top priority for your employees on worksites. You’re encouraged to revisit your company safety program to make sure you are taking the necessary steps to ensure a safe worksite for your employees. More importantly, make sure that your employees are following the safety guidelines as outlined by OSHA. Prevention is the best tool to avoid costly fines as well as employee injury claims.
For OSHA’s full handbook on Construction: Pro-
tecting Roofing Workers, please visit https://www.osha.gov/Publications/OSHA3755.pdf
Please contact your FRSA-SIF Safety Representative if you have any questions or need assistance with your Safety Program.
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