MSHA Raises Maximum Civil Penalty for Flagrant Violations

It will rise to $242,000 effective Jan. 28, and the maximum penalty for failing to provide timely notification of an accident will increase to $65,000.

In a final rule published Dec. 28, MSHA has raised the maximum penalty for failure to provide timely notification to the secretary under section 103(j) of the Mine Act from $60,000 to $65,000 and the maximum penalty for flagrant violations under Section 110(b)(2) of the act from $220,000 to $242,000. The changes take effect Jan. 28.

This is the first adjustment of the agency's penalties since February 2008. The Federal Civil Penalties Inflation Adjustment Act of 1990 requires MSHA to review and, where appropriate, adjust its civil penalties for inflation, based on the cost of living, at least once every four years. The law requires the cost-of-living adjustment be applied to penalties that were statutorily established by Congress; the Mine Act contains eight statutory penalties, most of which aren't being changed this time.

Section 103(j) of the Mine Act requires operators to notify MSHA of the occurrence of an accident and to take appropriate measures to preserve any evidence that would assist in the investigation of its cause(s).

The minimum penalty for failing to provide timely notification of an accident is $5,000 currently, and that amount is not being changed.

Download Center

HTML - No Current Item Deck
  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Easy to Use Safety Incident App

    Record incidents on the go with IndustrySafe’s mobile app. Collect data for multiple types of incidents including including near misses, vehicle and environmental incidents, and employee and non-employee injuries; at job sites and remote locations—with or without web access.

  • Complete Online Safety Training Courses

    Deliver state-of-the art, online safety training courses to your organization with IndustrySafe Training Management Software. Generate reports to track training compliance and automatically notify learners of upcoming or overdue classes.

  • Conduct EHS Inspections and Audits

    Record and manage your organization’s inspection data with IndustrySafe’s Inspections module. IndustrySafe’s pre-built forms and checklists may be used as is, or can be customized to better suit the needs of your organization.

  • Track Key Safety Performance Indicators

    IndustrySafe’s Dashboard Module allows organizations to easily track safety KPIs and metrics. Gain increased visibility into your business’ operations and safety data.

  • Industry Safe
comments powered by Disqus