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OSHA Announces 2022 Cost-of-Living Adjustment of
OSHA Announces 2022 Cost-of-Living OSHA Announces 2022 Cost-of-Living OSHA Announces 2022 Cost-of-Living Adjustment of 6.2% to Penalties Adjustment of 6.2% to Penalties Adjustment of 6.2% to Penalties Effective January 15, 2022 Effective January 15, 2022 Effective January 15, 2022
MEMORANDUM FOR: MEMORANDUM FOR: REGIONAL ADMINISTRATORS REGIONAL ADMINISTRATORS THROUGH: THROUGH: AMANDA L. EDENS ,AMANDA L. EDENS , Deputy Assistant Secretary Deputy Assistant SecretaryFROM: FROM: KIMBERLY A. STILLE, Director KIMBERLY A. STILLE, Director, , Directorate of Enforcement Programs Directorate of Enforcement Programs FROM: FROM: SCOTT C. KETCHAM, Director SCOTT C. KETCHAM, Director, , Directorate of Construction Directorate of Construction
2022 Annual Adjustments to OSHA Civil Penalties 2022 Annual Adjustments to OSHA Civil Penalties
The penalty information included in this memorandum is intended to supplement the penalties and The penalty information included in this memorandum is intended to supplement the penalties and debt collection information f debt collection information found in Chapter 6 of the Field Operations Manual (FOM). Tables ound in Chapter 6 of the Field Operations Manual (FOM). Tables included in this memorandum reflect penalty amounts for calendar year 2022 and correspond to included in this memorandum reflect penalty amounts for calendar year 2022 and correspond to adjusted penalty amounts found in OSHA Information Systems (OIS). OSHA updates this adjusted penalty amounts found in OSHA Information Systems (OIS). OSHA updates this information annu information annually to ensure access to current penalty information. ally to ensure access to current penalty information. The cost The cost-of of-living adjustment multiplier for 2022, based on the Consumer Price Index for All Urban living adjustment multiplier for 2022, based on the Consumer Price Index for All Urban Consumers for October 2021 (not seasonally adjusted), is 1.06222. To compute the 2022 annual Consumers for October 2021 (not seasonally adjusted), is 1.06222. To compute the 2022 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.06222, and rounded to the nearest dollar. The adjustment factor of 1.06222 is by the multiplier, 1.06222, and rounded to the nearest dollar. The adjustment factor of 1.06222 is consistent across the minimum and maximum penalties set forth in the Occupational Safety and consistent across the minimum and maximum penalties set forth in the Occupational Safety and Health Act and the FOM. Health Act and the FOM.
T Table 1: Maximum and Minimum Amounts for Civil Penalties able 1: Maximum and Minimum Amounts for Civil Penalties
Type of Violation Type of Violation Penalty Minimum Penalty Minimum Penalty Maximum Penalty Maximum Increase Increase Serious Serious $1,036 per violation $1,036 per violation $14,502 per violation $14,502 per violation + $849 + $849
Willful or Repeated Willful or Repeated $10,360* per violation $10,360* per violation $145,027 per violation $145,027 per violation + $8,495 + $8,495
Posting Requirements Posting Requirements $0 per violation $0 per violation $14,502 per violation $14,502 per violation + $849 + $849
Failure to Abate Failure to Abate N/A N/A $14,502 per day [generally 30 days maximum] $14,502 per day [generally 30 days maximum] * For a repeated other * For a repeated other-than than-serious violation that otherwise would have no initial penalty, a GBP serious violation that otherwise would have no initial penalty, a GBP penalty of $414 shall be proposed for the first repeated violation, $1,036 for the second repeated penalty of $414 shall be proposed for the first repeated violation, $1,036 for the second repeated violation, a violation, and $2,072 for a third repetition. nd $2,072 for a third repetition.
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Severity Severity Probability Probability GBP GBP Table 2: Serious Violations Classifications Gravity Gravity Based Penalty AmountsGravity Gravity Based Penalty Amounts ( (GBP) GBP) Severity High Medium High Medium Probability Greater Greater Greater Greater GBP $14,502 $12,431 $14,502 $12,431 Gravity High Moderate High Moderate Gravity Based Penalty Amounts (GBP)High gravity violation is one with a GBP of $14,502. Moderate gravity = GBP from $8,287 to $12,431 High gravity violation is one with a GBP of $14,502. Moderate gravity = GBP from $8,287 to $12,431
High Low Low Greater Greater Greater $14,502 $10,360 $10,360 High Moderate Moderate High gravity violation is one with a GBP of $14,502. Medium High High Greater Lesser Lesser $12,431 $10,360 $10,360 Moderate Moderate Moderate Moderate gravity = GBP from $8,287 to $12,431 Low Medium Medium Greater Lesser Lesser $10,360 $8,287 $8,287 Moderate Moderate Moderate
High Low Low Lesser Lesser Lesser $10,360 $6,215 $6,215 Moderate Low Low Low Low gravity gravity violation is one with a GBP of $6,215. violation is one with a GBP of $6,215. Medium Lesser $8,287 Moderate
Low Lesser $6,215 Low Low gravity violation is one with a GBP of $6,215.
For other For other than than serious violations, only minimal severity is assigned. If the Area Director determines serious violations, only minimal severity is assigned. If the Area Director determines that it is appropriate to achieve the necessary deterrent effect, a maximum penalty of $14,502 can that it is appropriate to achieve the necessary deterrent effect, a maximum penalty of $14,502 can
For other-thanbe proposed. be proposed. -serious violations, only minimal severity is assigned. If the Area Director determines that it is appropriate to achieve the necessary deterrent effect, a maximum penalty of $14,502 can be proposed. Serious Willful Penalty Reductions. The reduction factor for history shall be applied as usual. The reduction factors for size for serious Serious Willful Penalty Reductions. The reduction factor for history shall be applied as usual. The reduction factors for size for serious Serious Willful Penalty Reductions. willful violations shall be applied as shown in Table 3: willful violations shall be applied as shown in Table 3:
The reduction factor for history shall be applied as usual. The reduction factors for size for serious willful violations shall be applied as shown in Table 3:
Table 3: Serious Willful Penalty ReductionsEmployees Percent reductionEmployees Percent reduction
10 or fewer 10 or fewer 80 80
Employees 11-2011-20 Percent reduction 60 60 10 or fewer 21-3021-30 80 50 50 11 31 31 20 40 40 60 40 40
21 41 41 30 50 50 31-40 51-10051-100 50 30 30 40 20 20
41 101 101 50 250 250
30 10 10 51-100 251 or more 251 or more 20 0 0 101-250 10 251 or more 0 If you have any questions regarding the above, please contact Andrew Reed in the Directorate of Enforcement Programs at (202) 693-1850. If you have any questions regarding the above, please contact Andrew Reed in the Directorate of Enforcement Programs at (202) 693-1850. If you have any questions regarding the above, please contact Andrew Reed in the Directorate of Enforcement Programs at (202) 693-1850. 978.658.5300
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