February 27, 2021

Volume XI, Number 58

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MSHA Annual Inflation Adjustment to Civil Penalties

Annually in mid-January, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) adjusts its civil penalty assessments, in accordance with the inflation adjustment provisions of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. This year the adjustments resulted in the following increases in minimum and maximum civil penalties for certain types of citations and orders. These new penalties affect violations for which the penalty is assessed after January 15, 2021.

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Type of Issuance 2020 Minimum and Maximum Civil Penalties 2021 Minimum and Maximum Civil Penalties
104(a)(nonflagrant violation) $137 (min.) $73,901 (max.) $139 (min.) $74,775 (max.)
104(d)(1)(nonflagrant violation) $2,464 (min.) $73,901 (max.) $2,493 (min.) $74,775 (max.)
104(d)(2) (nonflagrant violation) $4,925 (min.)
$73,901 (max.)
$4,983 (min.)
$74,775 (max.)
Failure to Timely Report an Accident $6,159 (min.) $73,901 (max.) $6,232 (min.) $74,775 (max.)
Failure to Abate $8,006 (per day max.) $8,101 (per day max.)
Flagrant Violation $270,972 (max.) $274,175 (max.)
© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 26
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About this Author

Margaret S. Lopez, Ogletree Deakins, mining companies lawyer, gravel industries attorney
Office Managing Shareholder

Margo Lopez is the Managing Shareholder of the Washington, D.C. office and a long time workplace safety lawyer representing mining companies in the coal, metal, stone, sand and gravel industries. She is a highly successful litigator and regularly presents company and industry cases before Administrative Law Judges, Federal Review Commissions and the United States Court of Appeals. In a recent high profile Court of Appeals case, Margo effectively saved the mining industry from severe limitations on its rights to manage its workforce, involving potentially millions of...

202-263-0244
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