HIOSH Penalties to Increase in 2019

Posted on Jan 18, 2019 in HIOSH News and Events, Main

January 23, 2019 – Starting January 24, 2019, HIOSH will apply the following new penalty system to inspections opened on and after January 24, 2019. For more information on the penalties see Federal Register (https://www.federalregister.gov/documents/2019/01/23/2019-00089/department-of-labor-federal-civil-penalties-inflation-adjustment-act-annual-adjustments-for-2019).

Type of Violation New Maximum
  • Serious
  • Other-Than-Serious
  • Posting Requirements
  

$13,260 per violation
Willful or Repeated $132,598 per violation

 
Failure to Abate $13,260 per day
beyond the abatement date

January 15, 2019- The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and adopted by HIOSH 396, HRS requires HIOSH to annually adjust its civil monetary penalty levels for inflation no later than January 15 of each year. Adjustments are made by issuing a final rule issued by Federal OSHA that is effective on its date of publication in the Federal Register.

Due to a lapse in appropriations funding for certain government agencies, including the Office of the Federal Register, publication of the Department of Labor Final Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019 Final Rule has been delayed. HIOSH is referencing the Department of Labor’s pre-published version of the Final Rule available on its website (https://www.osha.gov/penalties/2019InflationAdjustments.pdf) for informational purposes only until the official version is published in the Federal Register.