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Environment

OSHA Toughens Penalties

by Jeffrey W. Johnson
May 3, 2010 | A version of this story appeared in Volume 88, Issue 18

OSHA announced on April 22 the creation of a new “severe violator enforcement program,” requiring more frequent and targeted inspections and higher fines for recalcitrant employers with a history of failing to comply with workplace safety laws. The agency also announced it would increase overall penalties for violations. Fine amounts have been increased only once in the past 40 years, OHSA says, and that was 20 years ago. The recent increase sprang from recommendations of an OSHA work group that found penalties to be too low to have an adequate deterrent effect on employer behavior. Currently, the maximum fine for a “serious” violation capable of causing death is $7,000, and the maximum penalty for a “willful” or knowing violation is $70,000. The increase will raise penalty amounts to $12,000 and $250,000, respectively, and is part of a package of changes to the agency’s penalty calculation system, which will go into effect in several months. OHSA estimates the changes will raise the average penalty for a serious violation from $1,000 to about $3,000 to $4,000. The agency notes that OSHA retains the ability to reduce penalties for small employers and those acting in good faith.

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