Empire Safety Services Part 46 MSHA Training

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 15th 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.

Adjustment for 2025

The Department has undertaken a thorough review of civil penalties administered by its various components and is adjusting each penalty subject to the Inflation Adjustment Act in accordance with the Act and guidance issued by the Office of Management and Budget (OMB).

The Department first identified the most recent penalty amount, i.e., the penalty amount established by the 2024 annual adjustment as set forth in the DOL 2024 Annual Adjustment published on January 11, 2024. (See 89 FR 1810.) 

The Department then calculated the annual cost of living adjustment in accordance with the Act and OMB guidance by using a multiplier based on the percent change between the October 2024 Consumer Price Index for all Urban Consumers (CPI-U) and the October 2023 CPI-U. This resulted in a cost-of-living adjustment multiplier of 1.02598. In order to compute the 2025 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.02598 and rounded to the nearest dollar.

As provided by section 6 of the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after the effective date of this rule. Accordingly, for penalties assessed after January 15, 2025, including penalties whose associated violations occurred before that date but after the applicable dates listed in the tables below, the higher penalty amounts outlined in this rule will apply. The tables below demonstrate the penalty amounts that apply:

Table XIV—Penalty Conversion Table
Points	Penalty ($)	Points	Penalty ($)	Points	Penalty ($)	Points	Penalty ($)
60 >	$168
61	$184	81	$909	101	$4,497	121	$22,275
62	$197	82	$982	102	$4,871	122	$24,126
63	$215	83	$1,066	103	$5,277	123	$26,139
64	$233	84	$1,153	104	$5,716	124	$28,316
65	$252	85	$1,252	105	$6,194	125	$30,670
66	$273	86	$1,355	106	$6,708	126	$33,227
67	$297	87	$1,467	107	$7,267	127	$35,995
68	$320	88	$1,590	108	$7,872	128	$38,992
69	$348	89	$1,723	109	$8,529	129	$42,241
70	$374	90	$1,866	110	$9,239	130	$45,760
71	$407	91	$2,021	111	$10,005	131	$49,571
72	$443	92	$2,187	112	$11,744	132	$53,698
73	$480	93	$2,371	113	$12,723	133	$58,698
74	$517	94	$2,569	114	$13,782	134	$62,812
75	$561	95	$2,782	115	$14,929	135	$67,449
76	$610	96	$3,014	116	$16,175	136	$72,092
77	$658	97	$3,263	117	$17,521	137	$76,728
78	$714	98	$3,538	118	$18,981	138	$81,369
79	$775	99	$3,832	119	$18,981	139	$86,008
80	$839	100	$4,152	120	$20,560	140 <	$90,649

T

This final rule is effective on January 15, 2025. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15, 2025.

 

The following categories of Citations and Orders are as follows:

 • Non-Significant & Substantial Citations (104a) (minimum $168.00) (maximum $90,649.00)

• Significant & Substantial Citations (104a) (maximum 90,649.00)

• 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 $90,649.00)

• Agent of the Corporation Violation (110c) (maximum $90,649.00)

• Unwarrantable Failure (104d1) (minimum $3,032.00)

• Withdrawal Order (104d2) (minimum $6,041.00)

• Timely Notification (103j) (minimum $7,555.00) (maximum $90,649.00)

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

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

• Civil Penalties (110a) (maximum $90,649.00)

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)

• Special Assessment (As Warranted)

• Rules to Live By Violations I-II-III

• Flagrant Violations ($332,376.00)

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 $332,376.00. 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	$92,439	186	$173,015	231	$261,810
142	$94,230	187	$174,806	232	$263,659
143	$96,020	188	$176,596	233	$265,507
144	$97,812	189	$178,387	234	$267,355
145	$99,602	190	$180,177	235	$269,204
146	$101,393	191	$181,968	236	$271,052
147	$103,183	192	$183,759	237	$272,902
148	$104,974	193	$185,549	238	$274,750
149	$106,764	194	$187,340	239	$276,599
150	$108,554	195	$189,130	240	$278,447
151	$110,345	196	$190,921	241	$280,296
152	$112,136	197	$192,711	242	$282,144
153	$113,927	198	$194,503	243	$275,077
154	$115,717	199	$196,293	244	$276,868
155	$117,508	200	$198,083	245	$278,659
156	$119,298	201	$199,874	246	$280,450
157	$121,088	202	$201,664	247	$282,240
158	$122,879	203	$203,455	248	$284,031
159	$124,669	204	$205,245	249	$285,821
160	$126,461	205	$207,036	250	$287,612
161	$128,251	206	$208,827	251	$289,402
162	$130,042	207	$210,618	252	$291,192
163	$131,832	208	$212,408	253	$292,984
164	$133,623	209	$221,140	254	$294,774
165	$135,413	210	$222,989	255	$296,565
166	$137,203	211	$224,837	256	$298,355
167	$138,995	212	$226,687	257	$300,146
168	$140,785	213	$228,535	258	$301,936
169	$142,576	214	$230,384	259	$303,726
170	$144,366	215	$232,232	260	$305,517
171	$146,157	216	$234,081	261	$307,308
172	$147,947	217	$235,929	262	$309,099
173	$149,738	218	$237,777	263	$310,889
174	$151,528	219	$239,627	264	$312,680
175	$153,319	220	$241,475	265	$314,470
176	$155,110	221	$243,324	266	$316,261
177	$156,900	222	$245,172	267	$318,051
178	$158,691	223	$247,021	268	$319,841
179	$160,481	224	$248,869	269	$321,633
180	$162,272	225	$250,718	270	$323,423
181	$164,062	226	$252,567	271	$325,214
182	$165,853	227	$254,415	272	$327,004
183	$167,644	228	$256,264	273	$328,795
184	$169,434	229	$258,112	274	$330,585
185	$171,225	230	$259,961	275	$332,376