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

  • EHS Buyer's Guide

    Download this buyer's guide to make more informed decisions as you're looking for an EHS management software system for your organization.

  • Online Safety Training Buyer's Guide

    Use this handy buyer's guide to learn the basics of selecting online safety training and how to use it at your workplace.

  • COVID Return-to-Work Checklist, Fall 2021

    Use this checklist as an aid to help your organization return to work during the COVID-19 pandemic in a safe and healthy manner.

  • SDS Buyer's Guide

    Learn to make informed decisions while searching for SDS Management Software.

  • Risk Matrix Guide

    Risk matrices come in many different shapes and sizes. Understanding the components of a risk matrix will allow you and your organization to manage risk effectively.

  • Industry Safe

Featured Whitepapers

OH&S Digital Edition

  • OHS Magazine Digital Edition - September 2021

    September 2021

    Featuring:

    • COMBUSTIBLE DUST
      Managing Combustible Dust and Risk Mitigation
    • PPE: CONSTRUCTION
      The Rising Popularity of Safety Helmets on the Jobsite
    • PPE: ELECTRICAL SAFETY
      Five Tips for a Successful Wear Trial
    • SAFETY & HEALTH
      Medical Surveillance Versus Medical Screening
    View This Issue