By James L. CurtisBrent I. ClarkBenjamin D. BriggsMark A. Lies, Jeryl L. Olson, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2023 increases to civil penalties.

We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2023 inflation adjustments, which increase the penalties yet again.

Under the 2023 rule, the new maximum OSHA civil penalties will be:

 2022 Penalties2023 Penalties
Other than Serious Violations:$14,502$15,625
Serious Violations:$14,502$15,625
Repeat Violations:$145,027$156,259
Willful Violations:$145,027$156,259
Failure to Abate (Per Day):$14,502$15,625

The new OSHA penalty amounts are applicable to OSHA citations issued after January 15, 2023, for violations occurring after July 15, 2022.

Readers familiar with EPA’s penalty structure know that environmental statutes typically set out a “per day” penalty, as well as a maximum statutory penalty. However, certain statutes allow for civil judicial enforcement that does not carry a maximum statutory penalty.

Under the 2023 rule, the new maximum EPA civil penalties will be:

2022 Penalties2023 Penalties
Clean Air Act                     Daily:  
Maximum (per violation):
$51,796 –  $109,024
$414,364
$55,808 – $117,468  
$446,456
Clean Water Act                Daily:
Maximum (per violation):
$23,989 – $59,973
$299,857
$25,847 – $64,618  
$323,081
RCRA                              Daily:$65,666 – $109,024
$70,752 – $117,468
CERCLA (including EPCRA)  Daily:                 
Maximum (per violation):
$62,689
$188,069
$67,544
$202,635

EPA’s 2023 penalties are effective for violations that occurred after November 2, 2015, where the penalty was assessed on or after January 6, 2023. EPA’s 2022 penalties remain effective for violations that occurred after November 2, 2015, where the penalty was assessed on or after January 12, 2022 but before January 6, 2023.

DOL and EPA are required to continue to adjust maximum penalties for inflation by January 15 of each new year.

For more information on this or any related topic please contact the authors, your Seyfarth attorney, or any member of the Workplace Safety and Health (OSHA/MSHA) Team.