MSHA Increases Civil Penalties for 2020

By Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: The DOL has published its 2020 increases to MSHA civil penalties.

The DOL has finalized the 2020 inflation adjustments, which will nudge the penalties up 1.764%. 85 Fed. Reg. 2292 (Jan. 15, 2020).

Under the 2020 rule, the new MSHA civil penalties for some of the most common citation types will be:

2019 Penalties 2020 Penalties
104(a) Regular Assessment: $135 -$72,620 $137 – $73,901
Flagrant Violations: $266,275 (maximum) $270,972 (maximum)
104(d)(2) Unwarrantable Failure Withdrawal Order: $4,840 (minimum) $4,925 (minimum)
104(b) Failure to Correct : $7,867 (maximum) $8,006 (maximum)

The new MSHA penalty amounts are applicable to MSHA citations issued after January 15, 2020, for violations occurring after July 15, 2019.

Going forward, DOL is required to continue to adjust maximum OSHA penalties for inflation by January 15 of each new year.

For more information on this or any related topic please contact the authors, your Seyfarth attorney, or any member of the Workplace Safety and Health (OSHA/MSHA) Team.