The U.S. Inflation Adjustment Act requires the Department of Labor to adjust its civil monetary penalties for inflation no later than January 15th of each year. The new rates associated with OSHA citations will apply to any penalties assessed after January 15th. The new 2020 maximum OSHA penalties are as follows:
- Other-than Serious: $13,494 (increased from $13,260)
- Serious Violations: $13,494 (increased from $13,260)
- Repeat Violations: $134,937 (increased from $132,589)
- Willful Violations: $134,937 (increased from $132,589)
Under the OSHA rules, an employer is required to (1) maintain a list of reportable workplace injuries in its OSHA 300 log, and (2) record workplace injuries in a detailed manner in the OSHA 301 Incident Report. OSHA posted a tweet reminding employers that during the period February 1, 2020 to April 30, 2020, they must post a summary of these injuries and illnesses as recorded in the previous year. The posting must be in an area where employees have access to postings, and, if requested, copies of the logs must be provided to both current and former employees, or their representatives.
In a separate tweet reminder from OSHA, employers with 250 or more employees, and businesses employing 20‑249 employees in certain industries with historically high rates of injuries (e.g. construction, manufacturing, transportation, and health care), must electronically submit their OSHA 300A form to OSHA by March 2, 2020.
If you have any questions related to OSHA posting and reporting requirements or with respect to any labor and employment matter, please contact one of our attorneys within the Labor, Employment and Employee Benefits Group