The History of Federal Civil Penalty Increases

On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015 . This law requires Federal agencies to adjust the level of civil monetary penalties annually for inflation no later than January 15 of each year. For each regulation that imposes a civil monetary penalty, the 2015 Act requires agencies to: (1) Adjust the level of civil monetary penalties with an initial “catch-up” inflation adjustment through an interim final rulemaking; and (2) make subsequent annual adjustments for inflation.

The cost-of-living adjustment multiplier for 2024, based on the Consumer Price Index (CPI-U) for the month of October 2023, not seasonally adjusted, is 1.06222.

This final rule is effective on January 15, 2024. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15, 2024.

Adjustment for 2024

The Department has undertaken a thorough review of civil penalties administered by its various components pursuant to the Inflation Adjustment Act and in accordance with guidance issued by the Office of Management and Budget.

The Department first identified the most recent penalty amount, which is the amount established by the 2023 annual adjustment as set forth in the DOL 2023 Annual Adjustment published on January 13, 2023.

The Department is required to calculate the annual adjustment based on the Consumer Price Index for all Urban Consumers (CPI–U). Annual inflation adjustments are based on the percent change between the October CPI–U preceding the date of the adjustment, and the prior year’s October CPI–U; in this case, the percent change between the October 2023 CPI–U and the October 2022 CPI–U. The cost-of living adjustment multiplier for 2024, based on the Consumer Price Index (CPI–U) for the month of October 2023, not seasonally adjusted, is 1.03241. In order to compute the 2024 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.03241, and rounded to the nearest dollar. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after the effective date of this rule.3 Accordingly, for penalties assessed after January 15, 2024, whose associated violations occurred after the applicable dates listed below, the higher penalty amounts outlined in this rule will apply. 

 

Table XIV—Penalty Conversion Table
Points Penalty ($) Points Penalty ($) Points Penalty ($) Points Penalty ($)
60 > $164





61 $179 81 $886 101 $4,383 121 $21,711
62 $192 82 $957 102 $4,748 122 $23,515
63 $210 83 $1,039 103 $5,143 123 $25,477
64 $227 84 $1,124 104 $5,571 124 $27,599
65 $246 85 $1,220 105 $6,037 125 $29,893
66 $266 86 $1,321 106 $6,538 126 $32,386
67 $289 87 $1,430 107 $7,083 127 $35,084
68 $312 88 $1,550 108 $7,673 128 $38,005
69 $339 89 $1,679 109 $8,313 129 $41,171
70 $365 90 $1,819 110 $9,005 130 $44,601
71 $397 91 $1,970 111 $9,752 131 $48,316
72 $432 92 $2,132 112 $10,567 132 $52,338
73 $468 93 $2,311 113 $11,447 133 $56,698
74 $504 94 $2,504 114 $12,401 134 $61,221
75 $547 95 $2,712 115 $13,433 135 $65,741
76 $595 96 $2,938 116 $14,551 136 $70,266
77 $641 97 $3,180 117 $15,765 137 $74,785
78 $696 98 $3,448 118 $17,077 138 $79,309
79 $755 99 $3,735 119 $18,500 139 $83,830
80 $818 100 $4,047 120 $20,039 140 < $88,354

The following categories of Citations and Orders are adjusted as follows:

• Non-Significant & Substantial Citations (104a) (minimum $164.00) (maximum $88,354.00)

• Significant & Substantial Citations (104a) (maximum $88,354.00)

• Failure to Abate (104b) Orders

• Violations per Inspection Day (VPID) Citations (Max 25 extra points)

• Repeat Violations per Inspection Day (RPID) Citations (Max 20 pts.)

• Imminent Danger Orders (107a) (maximum $88,354.00)

• Agent of the Corporation Violation (110c) (maximum $88,354.00)

• Unwarrantable Failure (104d1) (minimum $2,945.00)

• Withdrawal Order (104d2) (minimum $5,888.00)

• Timely Notification (103j) (minimum $7,364.00) (maximum $88,354.00)

• Pattern of Violations (104e) (generates more inspections)

• Injunctions (108a) (can stop production and other activities at a mine).

• Civil Penalties (110a) (maximum $88,354.00)

 

Other Penalties Under the Mine Act & the M.I.N.E.R. Act remain as follows:

• Refusal to Comply (110c) up to $10,000.00 or willful

• Willful (110d) $25,000.00 and up to 1 year (MINE Act 1977)

• Willful (110d) $50,000.00 and up to 5 years(MINE Act 1977)

• Willful (110d) $250,000.00 and up to 1 year (MINER Act 2006)

• Willful (110d) $500,000.00 and up to 5 years(MINER Act 2006)

• Advance Notice (110e) $1000.00 plus up to 6 months

• False Statements (110f) $10,000.00 plus up to 5 years

• False Distribution/Sale (110h) $10,000.00 plus up to 5 years


Special Assessment (As Warranted)

• Rules to Live By Violations I-II-III

• Flagrant Violations ($323,960.00)

MSHA may elect to waive the regular assessment under § 100.3 if it determines that conditions warrant a special assessment.

Violations that are deemed to be flagrant under section 110(b)(2) of the Mine Act may be assessed a civil penalty of not more than $323,960. For purposes of this section, a flagrant violation means “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.”

Special Assessment Penalty Conversion Table for Flagrant Violations 
Penalty  Dollar  Penalty  Dollar  Penalty  Dollar 
Points  Amount  Points  Amount  Points  Amount 
141 $90,098 186 $168,634 231 $247,169
142 $91,844 187 $170,380 232 $248,915
143 $93,589 188 $172,124 233 $250,660
144 $95,335 189 $173,870 234 $252,405
145 $97,080 190 $175,615 235 $254,150
146 $98,825 191 $177,360 236 $255,895
147 $100,570 192 $179,106 237 $257,641
148 $102,316 193 $180,850 238 $259,386
149 $104,061 194 $182,596 239 $261,132
150 $105,806 195 $184,341 240 $262,876
151 $107,551 196 $186,087 241 $264,622
152 $109,296 197 $187,832 242 $266,367
153 $111,042 198 $189,577 243 $268,112
154 $112,787 199 $191,322 244 $269,858
155 $114,532 200 $193,067 245 $271,602
156 $116,277 201 $194,813 246 $273,348
157 $118,022 202 $196,557 247 $275,093
158 $119,768 203 $198,303 248 $276,839
159 $121,513 204 $200,048 249 $278,583
160 $123,258 205 $201,794 250 $280,329
161 $125,003 206 $203,539 251 $282,074
162 $126,749 207 $205,284 252 $283,819
163 $128,494 208 $207,029 253 $285,565
164 $130,240 209 $208,774 254 $287,309
165 $131,984 210 $210,520 255 $289,055
166 $133,729 211 $212,265 256 $290,800
167 $135,475 212 $214,010 257 $292,546
168 $137,220 213 $215,755 258 $294,291
169 $138,965 214 $217,501 259 $296,035
170 $140,710 215 $219,246 260 $297,781
171 $142,456 216 $220,991 261 $299,526
172 $144,201 217 $222,736 262 $301,272
173 $145,947 218 $224,481 263 $303,016
174 $147,691 219 $226,227 264 $304,762
175 $149,436 220 $227,972 265 $306,507
176 $151,182 221 $229,717 266 $308,253
177 $152,927 222 $231,462 267 $309,998
178 $154,673 223 $233,208 268 $311,742
179 $156,417 224 $234,953 269 $313,488
180 $158,163 225 $236,698 270 $315,233
181 $159,908 226 $238,443 271 $316,979
182 $161,654 227 $240,188 272 $318,724
183 $163,398 228 $241,934 273 $320,469
184 $165,143 229 $243,679 274 $322,214
185 $166,889 230 $245,425 275 $323,960