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Seyfarth Synopsis: The DOL has
published its 2020 increases to MSHA civil penalties.
The DOL has finalized the 2020 inflation adjustments, which will nudge
the penalties up 1.764%. 85 Fed. Reg. 2292 (Jan. 15, 2020).
Under the 2020 rule, the new MSHA civil penalties for some of
the most common citation types will be:
2019 Penalties
2020 Penalties
104(a) Regular Assessment:
$135 -$72,620
$137 – $73,901
Flagrant Violations:
$266,275 (maximum)
$270,972 (maximum)
104(d)(2) Unwarrantable Failure Withdrawal
Order:
$4,840 (minimum)
$4,925 (minimum)
104(b) Failure to Correct :
$7,867 (maximum)
$8,006 (maximum)
The new MSHA penalty amounts are applicable to MSHA citations
issued after January 15, 2020, for violations occurring after July
15, 2019.
Going forward, DOL is required to continue to adjust maximum
OSHA penalties for inflation by January 15 of each new year.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.