Rick Barton, CSP, ARM January 19, 2023 12 min read

2023 OSHA/MSHA Penalty Increases

The Department of Labor (DOL) has released its 2023 inflation-adjusted civil monetary penalties that may be assessed on employers for violations of a wide range of federal laws, including the Occupational Safety and Health Act (OSH Act). The increased amounts apply to civil penalties that are assessed after January 15, 2023.

Violation Type	2022	2023
Posting requirement	Up to $14,502 for each violation	Up to $15,625 for each violation
Other-than-serious violation	Up to $14,502 for each violation	Up to $15,625 for each violation
Serious violation	Up to $14,502 for each violation	Up to $15,625 for each violation
Willful violation	Between $10,360 and $145,027 per violation	Between $11,162 and $156,259 per violation
Uncorrected violation	Up to $14,502 per day until the violation is corrected	Up to $15,625 per day until the violation is corrected
Repeated	Up to $145,027 per violation	Up to $156,259 per violation

Mine Safety and Health Administration (MSHA) Increases

Any violation of the Mine Act or MSHA regulations that the agency assesses on or after January 15, 2023 will be calculated using increased amounts. For MSHA, the increase affects all maximum penalties and some minimum penalties.

Effective immediately, penalties are as follows:

Violation Type	2022 Penalty	2023 Penalty
Regular Assessment	$79,428 (maximum)	$85,580 (maximum)
Penalty Conversation Table	$148-$79,428	$159-$85,580
104(d)(1) Citation	$2,648 (minimum)	$2,853 (minimum)
104(d)(2) Order	$5,293 (minimum)	$5,703 (minimum)
103(j) Timely Notification	$6,620 (minimum)	$7,133 (minimum)
Failure to Abate	$8,605 (maximum)	$9,271 (maximum)
Smoking Standard	$363 (maximum)	$391 (maximum)
Flagrant	$291,234 (maximum)	$313,790 (maximum)

Employers should become familiar with the new penalty amounts and review their safety protocols to ensure compliance with federal requirements. If you have questions, please reach out to a member of the Hausmann Group Health and Safety team.

Rick Barton, CSP, ARM

Rick has over 20 years of experience in safety and risk control, working with clients in many industries including Construction, Mining, Trucking, Manufacturing, and Hospitality. He specializes in assessing risk for the clients of Hausmann Group to reduce loss potential. Through safety assessments and loss analysis, Rick develops solutions which include safety management techniques, training, and engineering. Additionally, he has been asked to speak at local and national safety conferences on topics such as "How to Manage Safety on a Jobsite", and "What it takes to be a Safety Leader”. Rick is an Authorized Instructor of OSHA Regulations Construction and General Industry Regulations. He is an active member of the Wisconsin Transportation Builders Association (WTBA), Associated Builders & Contractors (ABC), the Wisconsin chapter of The American Society of Safety Engineers (ASSE), and the Association of General Contractors (AGC). He is also on the Advisory Board of the Safety Studies Department at the University of Wisconsin Whitewater. Rick is an avid boater and enjoys sharing time on the water with family and friends. His children are spread across 4 U.S. states and Japan, so he and his wife are often traveling to visit them. He also has attended more than 150 games in the last 15 years to see his beloved Green Bay Packers play.

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2023 OSHA/MSHA Penalty Increases

Mine Safety and Health Administration (MSHA) Increases

Rick Barton, CSP, ARM

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