MSHA Penalty Increases for 2024
The Federal Government increases fines and penalties every January 15th, adjusting for the Consumer Price Index
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 |