The Federal Civil Penalties Inflation Adjustment Act of 2015 requires OSHA to adjust its civil penalties annually for inflation. The adjustments are made by January 15th every year.
In 2014, OSHA’s maximum penalties for serious and other-than-serious violations were $7,000 per violation. Ten years later, in 2024, OSHA’s maximum penalties for serious and other-than-serious violations increased from $15,625 (2023) to $16,131 per violation. Fines for serious violations have more than doubled in the past ten years.
Let’s review what constitutes a serious violation. According to OSHA, a citation is classified as serious if the inspector determines that an employer knew about the existence of a hazard. For example, an employer knew about a hazard if:
- the employer saw the condition
- an employee reported it
- an employee was previously injured by the hazard and the company knew about the injury
- a supervisor knew about the hazard
In addition, a serious violation must also have the substantial possibility for death or serious injury.
What types of things constitute a serious violation in a dental setting? Here are some examples from actual OSHA cases.
- A Connecticut dental group was issued several serious violations of the Respiratory Protection Standard for not having a Respiratory Protection Program and not providing employees with the required medical evaluation and respirator fit testing.
- A multi-location orthodontic practice in Illinois was issued eleven serious violations, including:
- not having a bloodborne pathogen exposure control plan and hazard communication program at either location
- not requiring the use of appropriate gloves and personal protective equipment
- not providing medical evaluation and follow-up to employees after an exposure incident
- not making the Hepatitis B vaccination series available to employees
- not training workers about chemical and bloodborne pathogen hazards and precautions
Not sure how your office would fare if you had an unannounced OSHA inspection? Check out the Resources in the Member’s Knowledge Center or consider signing up for our Advanced OSHA course.