By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP.
According to OSHA’s website, more than 150 citations issued by the agency in 2017 proposed fines in excess of $100,000. More than 30 of these citations proposed fines in excess of $200,000.
An increase in the number of OSHA inspections resulting in six-figure penalties was predicted in a previous article by this author. After all, the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015 specifically authorized increased penalties by many federal agencies, including OSHA.
For employers, there are nevertheless three important takeaways from the enforcement data published by OSHA. First, any questions as to how OSHA would use its new penalty authority are being answered. The agency has regularly embraced and used its new authority.
Second, OSHA’s enforcement philosophy has continued despite the change in administration. Citations and fines remain cornerstones of the agency’s approach to workplace safety. Employers which may have hoped for a more collaborative approach in the new administration saw nothing in 2017 to buttress this hope.
Finally, the financial stakes for employers in OSHA inspections have been raised. One of the purposes of this author’s blog, How to Survive an OSHA Inspection, is to alert employers to the benefits of being prepared for an OSHA inspection and being diligent during an inspection. These benefits can include avoided citations or reduced penalties. The more OSHA penalties rise, the more sense it makes for employers to be prepared for, and be diligent during, OSHA inspections.