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Before determining the amount of a penalty, OSHA has to categorize the violation. Violations are classified as:
In November 2015, Congress passed a law requiring federal agencies to adjust their civil penalty amounts for inflation. At that time, OSHA was allowed a one-time “catch-up adjustment” that increased penalty amounts by 78 percent. Penalty amounts will continue to be adjusted for inflation no later than January 15 every year. State-Plan States must adopt maximum penalties that are at least as stringent as federal OSHA’s penalty amounts.
Criminal referrals
It should be noted that OSHA’s legal arm has made a number of criminal referrals to the U.S. Department of Justice and forged more partnerships with state/local prosecutors to punish employers under state criminal statutes. OSHA explains that the timely prosecution of an individual within the community in which he or she works and where the victim often resided has a strong deterrent effect in the industry and sends a signal to the OSHA-regulated community that behavior that results in a fatality or significant worker injury or illness will not be tolerated. In a nutshell, criminal enforcement is an effective tool, according to the agency.
Before determining the amount of a penalty, OSHA has to categorize the violation. Violations are classified as:
In November 2015, Congress passed a law requiring federal agencies to adjust their civil penalty amounts for inflation. At that time, OSHA was allowed a one-time “catch-up adjustment” that increased penalty amounts by 78 percent. Penalty amounts will continue to be adjusted for inflation no later than January 15 every year. State-Plan States must adopt maximum penalties that are at least as stringent as federal OSHA’s penalty amounts.
Criminal referrals
It should be noted that OSHA’s legal arm has made a number of criminal referrals to the U.S. Department of Justice and forged more partnerships with state/local prosecutors to punish employers under state criminal statutes. OSHA explains that the timely prosecution of an individual within the community in which he or she works and where the victim often resided has a strong deterrent effect in the industry and sends a signal to the OSHA-regulated community that behavior that results in a fatality or significant worker injury or illness will not be tolerated. In a nutshell, criminal enforcement is an effective tool, according to the agency.