By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen

Seyfarth Synopsis: The DOL has published its 2019 OSHA civil penalties.

We had blogged previously about the U.S. Department of Labor’s (DOL) 2018 adjustments to the maximum civil penalty dollar amounts for OSHA violations. The DOL has now finalized the 2019 inflation adjustments which again nudges the penalties even higher.  84 Fed. Reg. 213 (Jan. 23, 2019).

Under the 2019 rule, the maximum OSHA civil penalties will be:

2018 Penalties

2019 Penalties
Other than Serious violations: $12,675 $13,260
Serious violations: $12,675 $13,260
Repeat violations: $126,749 $132,598
Willful violations: $126,749 $132,598
Failure to abate (per day): $12,675 $13,260

The new OSHA penalty amounts are applicable to OSHA citations issued after January 23, 2019, whose associated violations occurred within the six month statute of limitations.

Going forward, DOL is required to adjust maximum OSHA 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.

By Adam R. Young, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis:  OSHA may refuse to allow its compliance officers to testify in civil tort proceedings.

In a personal injury action (associated with an accident that resulted in an OSHA inspection), a trucking company sought to compel the deposition testimony of two OSHA compliance officers because the accident was the genesis of the tort litigation.  The plaintiff sought to recover for injuries allegedly sustained by the an individual who “was working on a traffic light in a bucket above traffic … when a tractor trailer … struck the bucket following which [the individual] fell from the bucket to the ground.” Watsontown Trucking Co. v. U.S. DOL, 26 OSHC 2166 (S.D.N.Y. Jan. 17, 2018).

The District Court explained that OSHA had determined that “one of the chief causal factors of the accident [was] the lack of warning devices” surrounding the raised bucket in which the individual was working.  The trucking company served subpoenas on OSHA’s compliance officers that conducted the inspection, directing them to appear for depositions.  OSHA objected and refused to allow its compliance officers to be deposed.

OSHA argued that its obligation only required it to “weigh the party’s need for the testimony [or documents] against the adverse effects on [OSHA’s] concerns,” which include “centralizing the dissemination of information of the agency (e.g. restricting investigators from expressing opinions on policy matters), minimizing governmental involvement in controversial matters unrelated to official business and avoiding the expenditure of government time and money for private purposes.”

The Court reviewed OSHA’s denial of the deposition request because it was a “final agency action for which there is no other adequate remedy,” and therefore was ripe for judicial review. 5 U.S.C. § 704.  The Court held that OSHA’s denial of the deposition testimony was “not based on impermissible considerations, was not ‘arbitrary [or] capricious,’ and did not violate the APA.”

Accordingly, this case upholds OSHA’s right to refuse to allow its compliance officers to testify in civil proceedings.

For more information on this or any related topic please contact the author, your Seyfarth attorney, or any member of the OSHA Compliance, Enforcement & Litigation Team.

By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The DOL has published its 2018 OSHA civil penalties.

We had blogged previously about the U.S. Department of Labor’s (DOL) 2017 adjustments to the maximum civil penalty dollar amounts for OSHA violations. The DOL has now finalized the 2018 inflation adjustments which will nudge the penalties even higher.  83 Fed. Reg. 7 (Jan. 2, 2018).

Under the 2018 rule, the maximum OSHA civil penalties will be:

2017 Penalties 2018 Penalties
Other than Serious violations: $12,675 $12,934
Serious violations: $12,675 $12,934
Repeat violations: $126,749 $129,336
Willful violations: $126,749 $129,336
Failure to abate (per day): $12,675 $12,934

The new OSHA penalty amounts are applicable to OSHA citations issued after January 12, 2018, whose associated violations occurred within the six month statute of limitations.

Going forward, DOL is required to adjust maximum OSHA 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.

By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The DOL has published its 2017 OSHA civil penalties.

We had blogged previously about the U.S. Department of Labor’s (DOL) 2016 adjustments to the maximum civil penalty dollar amounts for OSHA violations. The DOL has now finalized the 2017 inflation adjustments which will nudge the penalties even higher.  92 Fed. Reg. 5373 (Jan. 19, 2017).

Under the 2017 rule, the maximum OSHA civil penalties will be:

                                                                2016 Penalties            2017 Penalties

  • Other than Serious violations:             $12,471                       $12,675
  • Serious violations:                               $12, 471                      $12,675
  • Repeat violations:                               $124,709                     $126,749
  • Willful violations:                               $124,709                     $126,749
  • Failure to abate (per day):                   $12, 471                      $12,675

The new OSHA penalty amounts are applicable to OSHA citations issued after January 13, 2017, whose associated violations occurred within the six month statute of limitations

Going forward, DOL is required to adjust maximum OSHA 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.

By James L. Curtis and Craig B. Simonsen

iStock_000060649768MediumOn International Workers’ Memorial Day, U.S. Senator Al Franken, the top Democratic Senator on the Employment and Workplace Safety Subcommittee, introduced legislation to amend the Occupational Safety and Health Act.

The legislation would expand OSHA’s coverage to include public employees. The bill would also significantly increase penalties for OSHA citations, raising the maximum penalty for willful to $120,000 per citation from the $70,000 maximum currently in place.

The bill as proposed will also cover millions of additional workers, including flight attendants, state correctional officers, and workers in government agencies. The bill will provide felony charges for an employer’s repeated and willful violations of OSHA that result in a worker’s death or serious injury. The bill will also set a minimum penalty of $50,000 for a worker’s death caused by a willful violation. The bill would mandate that the DOL investigate all cases of death or serious incidents of injury in the workplace. The bill proposed to amend the General Duty Clause to include “all workers on the work site.”

We will continue to watch this legislative effort closely. However the bill faces stiff resistance from Republicans.