Extra Massive Cash: OSHA and EPA Civil Penalties Improve for 2023

By James L. Curtis, Brent I. Clark, Benjamin D. Briggs, Mark A. Lies, Jeryl L. Olson, Patrick D. Joyce, Adam R. Younger, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have revealed their 2023 will increase to civil penalties.

We have now blogged beforehand concerning the annual changes to the utmost civil penalty greenback quantities for OSHA and EPA violations. The businesses have now finalized the 2023 inflation changes, which enhance the penalties but once more.

Below the 2023 rule, the brand new most OSHA civil penalties might be:

2022 Penalties2023 PenaltiesOther than Severe Violations:$14,502$15,625Serious Violations:$14,502$15,625Repeat Violations:$145,027$156,259Willful Violations:$145,027$156,259Failure to Abate (Per Day):$14,502$15,625

The brand new OSHA penalty quantities are relevant to OSHA citations issued after January 15, 2023, for violations occurring after July 15, 2022.

Readers aware of EPA’s penalty construction know that environmental statutes usually set out a “per day” penalty, in addition to a most statutory penalty. Nevertheless, sure statutes enable for civil judicial enforcement that does not carry a most statutory penalty.

Below the 2023 rule, the brand new most EPA civil penalties might be:

2022 Penalties2023 PenaltiesClean Air Act Day by day: Most (per violation):$51,796 – $109,024 $414,364$55,808 – $117,468 $446,456Clean Water Act Day by day:Most (per violation):$23,989 – $59,973 $299,857$25,847 – $64,618 $323,081RCRA Day by day:$65,666 – $109,024$70,752 – $117,468CERCLA (together with EPCRA) Day by day: Most (per violation):$62,689$188,069$67,544$202,635

EPA’s 2023 penalties are efficient for violations that occurred after November 2, 2015, the place the penalty was assessed on or after January 6, 2023. EPA’s 2022 penalties stay efficient for violations that occurred after November 2, 2015, the place the penalty was assessed on or after January 12, 2022 however earlier than January 6, 2023.

DOL and EPA are required to proceed to regulate most penalties for inflation by January 15 of every new 12 months.

For extra data on this or any associated subject please contact the authors, your Seyfarth lawyer, or any member of the Office Security and Well being (OSHA/MSHA) Staff.

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