Increased Penalties for Unsafe Working Conditions in 2019

Source: OSHA

As of Jan. 2, 2019, the cost of non-compliance is going up. Starting in the new year, violations classified as “serious” as well as “other than serious”, the maximum penalty allowed for “failure-to-abate” violations is $12,934 each day that an employer fails to correct that violation.

The maximum penalty allowed for “willful” and “repeat” violations is $129,336, 10 times the maximum permitted for “serious” and “other-than-serious” violations. The maximum penalty amounts will be increased every year to adjust for the rate of inflation.

Along with higher penalties for infractions, there are also new, more stringent reporting requirements.

Companies with 250 or more employees — as well as companies with 20 to 249 employees in industries that have, historically, had higher rates of occupational injuries and illnesses — are now required by OSHA to track and report on workplace safety with OSHA Form 300A.

OSHA will provide a secure website that offers three options for data submission:

  1. Manually enter data into a web form;
  2. Upload a CSV file to process single or multiple establishments at the same time; and
  3. Users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface).