In the early 1990’s, Congress enacted legislation that required any increases in OSHA penalties to be authorized by Congress. It was so effective in staving off increases that there have not been any across the board increases since. At least, that was the case until now.

  On November 2, 2015, part of the Protecting America’s Workers Act made their way in the Bipartisan Budget Act of 2015. This Act directs federal agencies to adjust their civil monetary penalties to account for inflation. It includes a “catch up” adjustment, and since OSHA’s penalties haven’t changed much since the 1990’s, this means the initial adjustment could amount to a nearly 80 percent increase in allowable fines. After that, OSHA will be able to increase (or decrease) fines each year in order to keep up with inflation. In the case of OSHA, this will no longer require congressional approval.

  This furthers decades of congressional actions that move responsibilities from Congress to unelected bureaucrats at various government agencies. One might wonder how long it will take OSHA to catch up with the VA and IRS in overall satisfaction. In the future, will the federal government even be able to fire OSHA bureaucrats?

  Let’s look at some of the projections being bandied about by business and worker advocate groups.

   Well that’s about it for today, except a reminder for everyone that thinks their congressman is doing a great job to send them an extra thousand.

  Oh, one P.S. The Protecting America’s Workers Act (that gave birth to this action) also has a provision that the penalty for Willful Offenders be changed from a misdemeanor to a felony and from a fine to incarceration. We are not there yet, but with a dedicated Congress clearing the path, we are surely headed there.

  The message is the same, be it from your government, your professional associations, or safety consultants like Gary Finch at Compliance Plus. Ignore OSHA regulations at your own risk. Get your compliance program in order now.