Earlier this year, OSHA announced new enforcement guidance that went into effect on March 27, 2023. Going forward, OSHA will issue more citations and penalties have been increased.
Under the new policies, OSHA will issue “instance-by-instance” citations in cases that are considered “high gravity” cases. Among those cases are those involving lockout/tagout, machine guarding, confined space, respiratory protection, falls, trenching, and cases involving certain record keeping requirements. That means that instead of grouping violations found during inspections and assessing one penalty, OSHA will cite each violation separately and issue separate penalties for each. Thus, when OSHA comes knocking, the cost will be much higher for employers who do not actively assure compliance with OSHA’s safety standards.
"Smart, impactful enforcement means using all the tools available to us when an employer ‘doesn’t get it’ and will respond to only additional deterrence in the form of increased citations and penalties," explained Assistant Secretary for Occupational Safety and Health Doug Parker. "This is intended to be a targeted strategy for those employers who repeatedly choose to put profits before their employees’ safety, health and wellbeing. Employers who callously view injured or sickened workers simply as a cost of doing business will face more serious consequences."
The OSHA penalties were also increased in January to adjust for inflation. The maximum penalty for serious, other-than-serious, and posting requirements is $15,625 per violation. For failure to abate violations, the new maximum penalty is $15,625 per day. The new maximum for willful or repeated violations is $156,259 per violation.