Civil monetary penalties rise to keep up with inflation

DOL announces 2017 penalty levels for workplace health and safety violations

Posted January 19, 2017

On January 18, the Department of Labor (DOL) published a final rule adjusting the civil monetary penalties assessed or enforced in its regulations. The Inflation Adjustment Act requires the DOL to annually adjust its penalty levels for inflation no later than January 15 of each year.

The new penalty levels apply to any penalties assessed after January 13, 2017.

This is the second adjustment to the civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. On June 30, 2016, the DOL published an interim final rule establishing the initial “catch-up” for civil penalties. Those increases took effect on August 1, 2016.

The following table lists the Aug. 1, 2016, and Jan. 13, 2017, penalty levels for workplace health and safety violations.

Type of violation

Penalty levels on or after Aug. 2. 2016

Penalty levels on or after Jan. 13, 2017

Willful (minimum)

$8,908

$9,054

Willful (maximum)

$124,709

$126,749

Repeated

$124,709

$126,749

Serious

$12,471

$12,675

Other-than-serious

$12,471

$12,675

Failure to correct

$12,471

$12,675

Posting requirement

$12,471

$12,675


 

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