OSHA is the agency that regulates and oversees worker safety. As required by law, OSHA adjusted its penalties for 2023 to account for annual inflation. OSHA's maximum penalties for serious and other-than-serious violations has increased from $14,502 per violation to $15,625 per violation. Willful or repeated violations may incur penalties of up to $156, 269 which is up from $145,027 per violation in 2022.

Last year in Florida, OSHA conducted over 2,000 workplace inspections and assessed about $6 million in penalties to employers in the State. In 2021, OSHA performed about 200 fewer workplace inspections in the State, but assessed approximately $8 million in total penalties. OSHA data also reveal that the number of citations issued by OSHA to Florida employers significantly declined from 2021-2022.. Thus, despite an increase in the number of OSHA inspections performed at Florida workplaces in 2022, the number of OSHA violations and citations actually declined from the prior year. This is good news! At first glance, one concludes that this indicates safer workplaces and improved compliance by Florida employers; however, I won’t be so bold as there may be other factors to consider. Nevertheless, I do hope this continues. As the number of businesses and workers rapidly increasing in the State, and the adjusted maximum penalty schedule, it will be interesting to see how this pans out.

On a side note, the revenue generated by OSHA penalties goes to the U.S. Treasury General Fund, and not to into OSHA coffers or the State of Florida. OSHA’s budget is appropriated by Congress and stands at $632 million, a 3.3% increase from FY2022.

For sure, OSHA inspections, citations and penalties will continue. The best way to protect your business from risk of  citations and penalties is to diligently implement your workplace safety program and perform a routine workplace safety review or safety compliance audit by an outside consultant. Outside safety consultants provide a set of "fresh eyes" and to capture any compliance gaps that may exist in your program and can also provide feedback on any new and updated regulatory standards that apply to your operations.