Higher HIOSH Penalties Now in Effect

The maximum for a willful or repeated violation is now $132,598 per violation.

Starting Jan. 24, 2019, the Hawaii Occupational Safety and Health Division (HIOSH) began applying higher penalties in its inspections opened on and after that date.

The new maximum penalty for a serious violation, an other-than-serious violation, or a posting requirements violation is $13,260 per violation.

The maximum for a willful or repeated violation is $132,598 per violation.

For a failure to abate violation, the maximum is $13,260 per day beyond the abatement date.

The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and adopted by HIOSH, requires HIOSH to annually adjust its civil monetary penalty levels for inflation no later than Jan. 15 of each year. Adjustments are made by issuing a final rule issued by federal OSHA that is effective on its date of publication in the Federal Register. The publication by OSHA was delayed this year by the partial shutdown of the federal government.

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