No OSHA Penalty Increases in 2023

The Senate decided not to impose the quadruple financial penalties passed by the House of Representatives in August 2022, that would have raised the maximum penalty to $700,000 per alleged violation. This is good news for contractors as there will be no increase in OSHA penalties for 2023. Penalties for other-than-serious violation, a serious violation and a failure-to-abate violation will remain at $14,502 per violation. Willful and repeat violations remain at a maximum penalty amount of $145,027 per violation.

However, the department budget was increased by $68 million dollars and has therefore added 19 percent more inspectors to heighten its focus on compliance enforcement in the field. Since there has been no increase in the value of citations and there are more inspectors as well as offices in the state of Florida, there is reason to believe that more citations will be

Other-Than-Serious Violation

A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Serious Violation

A violation where there is a substantial probability that death or serious physical harm could result and that the employer (business owner or manager) knew or should have known of the hazard.

Failure to Abate

Failure to correct previous violations cited by OSHA.

Legislative Session, continued from page 6

■ Revises powers of board

■ Revises powers of district

■ Provides for transition

■ Provides for continued effect of stipulation between the district and Orange County

■ Provides exception to general law

■ Effective Date: Upon becoming a law.

HB 11B by Representative Dan Daley (D – Sunrise) Sunshine Water Control District, Broward County

■ Codifying, reenacting, amending and repealing district charter

■ Provides for continuation of authority for revenue collection and powers to meet outstanding obligations

■ Removes chapters 63-609 & 2021-255, Laws of Florida, relating to district

■ Provides exception to general law issued this year than previous years. As a reminder, the State of Florida now has a total of four compliance offices in the state, they are located in Jacksonville, Tampa, Ft. Lauderdale and Orlando.

■ Effective Date: Upon becoming a law.

Safety should always be a top priority for your employees on work sites and employers are encouraged to revisit company safety programs to make sure you are taking the steps necessary to ensure a safe work environment for your employees. This includes making sure employees are following the safety guidelines as outlined by OSHA. Prevention is the best tool to avoid costly fines as well as employee injury claims.

FRSA Members can access 130 OSHA documents and 260 Toolbox Talks in English and Spanish through the “Member Login” section of FRSA’s website, www.floridaroof.com.

OSHA Violation Types

Willful Violation

A violation that the employer intentionally and knowingly commits. The employer either knows that what he or she is doing constitutes a violation or is aware that a hazardous condition exists and has made no reasonable effort to eliminate it.

Repeat Violation

A violation of any standard, regulation, rule or order where, on re-inspection, a substantially similar violation is found and the original citation has become a final order.

HB 13B by Representative Jason Shoaf (R – Port St. Joe) Eastpoint Water and Sewer District, Franklin County

■ Reenacts, amends and repeals special act relating to district

■ Provides for continuation of authority for revenue collection and powers to meet outstanding obligations

■ Revises definitions

■ Removes separate positions of board Secretary and board Treasurer

■ Creates position of board Secretary-Treasurer

■ Removes chapter 67-1399, Laws of Florida, relating to district

■ Provides exception to general law

■ Effective Date: Upon becoming a law.