Rules + Regs

OSHA adjusts civil penalty amounts

The Occupational Safety and Health Administration’s civil penalty amounts for violations of workplace safety and health standards increased in 2023 based on cost-of-living adjustments, according to osha.gov. The adjusted maximum penalty amounts took effect Jan. 17.

New maximum penalties for willful or repeated violations increased from $145,027 per violation to $156,259 per violation. Maximum penalties for serious and other-than-serious violations increased from $14,502 per violation to $15,625 per violation. Failure to abate violations are $15,625 per day beyond the abatement date.

OSHA state-plan agencies must adopt maximum penalty amounts that are at least as effective as federal OSHA’s penalty amounts.

Additional information is available at osha.gov/penalties.

OSHA withdraws proposal to reconsider Arizona state plan

The Occupational Safety and Health Administration will withdraw its proposal to reconsider and revoke final approval of Arizona’s state plan for occupational safety and health and leave the state’s current plan in place.

NRCA submitted comments on behalf of its members regarding OSHA’s proposal and is pleased the issue has been resolved without revocation.

The announcement follows OSHA’s publication of a Federal Register notice April 21, 2022, that proposed reconsideration and revocation because of the Arizona state plan’s nearly decade-long pattern of failures to adopt adequate maximum penalty levels, occupational safety and health standards, National Emphasis Programs and the COVID-19 Healthcare Emergency Temporary Standard.

OSHA accepted public comments on the revocation proposal through July 5, 2022. Arizona submitted a public comment advising OSHA the state’s plan had completed significant actions to address OSHA’s concerns, including adopting outstanding federal standards and directives, enacting state laws to ensure Arizona’s future maximum and minimum penalty levels track with OSHA federal levels, and authorizing adoption of an emergency temporary standard when OSHA or the Industrial Commission of Arizona determines grave danger criteria are met.

OSHA will withdraw its proposal despite recent reports of a downward trend in inspections in Arizona’s enforcement program. OSHA is working with the Arizona state plan to address these issues.