OSHA and EPA Fines Increase for 2020

Penalties for noncompliance with regulations enforced by EPA, OSHA and other U.S. environmental and occupational health and safety agencies are going up! Under the requirements of the Federal Civil Penalties Inflation Adjustment Act of 2015, all U.S. federal agencies must annually revise their civil penalty amounts to account for the rate of inflation. Read on for details about the penalty increases for OSHA and EPA violations in 2020.

OSHA 2020 Penalty Increases

Like all agencies operating under the DOL, 2020 OSHA penalty amounts have increased by approximately 1.8% over 2019 amounts, based on a cost-of-living adjustment multiplier of 1.01764. These new penalty amounts become effective as of January 15, 2020.

The table below shows the increases for each type of OSHA violation. You can find additional details in the DOL memorandum outlining the increases at OSHA.gov.

Violation Type	CFR Citation	2019 Maximum Penalty	2020 Maximum Penalty
Serious	29 CFR 1903.15(d)(3)	$13,260	$13,494
Other-than-Serious	29 CFR 1903.15(d)(4)	$13,260	$13,494
Willful or Repeated	29 CFR 1903.15(d)(1)	$132,598	$134,937
Posting Requirement	29 CFR 1903.15(d)(6)	$13,260	$13,494
Failure to Abate	29 CFR 1903.15(d)(5)	$13,260	$13,494

EPA 2020 Penalty Increases

As of January 13, 2020, EPA fines have also increased by 1.8% using a cost of living multiplier of 1.01764.

The EPA final rule provides additional details on how the changes affect penalty amounts under specific regulations. For example, the table below shows increased penalty amounts for violations of the Emergency Planning and Community Right-to-Know Act (EPCRA), including Tier II reporting, Toxics Release Inventory (TRI) reporting, and emergency planning and notification requirements.

U.S. Code Citation	Penalty Amount (before 2020 increase)	Penalty Amount (after 2020 increase)
42 U.S.C. 11045(a)	$57,317	$58,328
42 U.S.C. 11045(b)(1)(A)	$57,317	$58,328
42 U.S.C. 11045(b)(2)	$57,317/$171,952	$58,328/$174,985
42 U.S.C. 11045(b)(3)	$57,317/$171,952	$58,328/$174,985
42 U.S.C. 11045(c)(1)	$57,317	$58,328
42 U.S.C. 11045(c)(2)	$22,927	$23,331
42 U.S.C.11045(d)(1)	$57,317	$58,328

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