2024 Annual Adjustments to OSHA Civil Penalties
February 7, 2024
OSHA Penalties
- Purpose.
The penalty information included in this memorandum supplements the penalties and debt collection information found in Chapter 6 of the Field Operations Manual (FOM). Tables included in this memorandum reflect penalty amounts for calendar year 2024 and correspond to adjusted penalty amounts found in OSHA Information Systems (OIS). OSHA updates this information annually to ensure access to current penalty information.
- Background.
On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 was enacted, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 as previously amended by the 1996 Debt Collection Improvement Act (collectively, the “Prior Inflation Adjustment Act”), to improve the effectiveness of civil monetary penalties and maintain their deterrent effect. The Inflation Adjustment Act required agencies to: (1) adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule and (2) make subsequent annual adjustments for inflation, no later than January 15 of each year.
The cost-of-living adjustment multiplier for 2024, based on the Consumer Price Index for All Urban Consumers for October 2023 (not seasonally adjusted), is 1.03241. To compute the 2024 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.03241, and rounded to the nearest dollar. The adjustment factor of 1.03241 is consistent across the minimum and maximum penalties set forth in the Occupational Safety and Health Act and the FOM.
- Minimum and Maximum Penalty Amounts. See Chart
- Gravity Based Penalty Amounts.
The gravity of a violation is defined by the Gravity Based Penalty (GBP).
- A high gravity violation is one with a GBP of $16,131.
- A moderate gravity violation is one with the GBP ranging from $9,218 to $13,828.
- A low gravity violation is one with a GBP of $6,913.
For other-than-serious violations, only minimal severity is assigned. If the Area Director determines that it is appropriate to achieve the necessary deterrent effect, a maximum penalty of $16,131 may be proposed.
- Serious Willful Penalty Reductions.
The reduction factor for history shall be applied as usual. The reduction factors for size for serious willful violations shall be applied as shown in Table 3: - Table 3: Serious Willful Penalty ReductionsEmployeesPercent reduction10 or fewer8011-206021-305031-404041-503051-10020101-25010251 or more0
If you have any questions regarding the above, please contact Directorate of Enforcement Programs at (202) 693-1850.
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