Penalties levied against employers for OSHA safety violations went up on Jan. 24, but the effective date of the increase for this year was only announced the day earlier because of the government shutdown.

OSHA along with other agencies that are part of the U.S. Department of Labor continued to operate at full strength and with full founding because of an agreement reached between Congress and President Trump last September.

However, in order to go into effect, the new penalties had to be announced in the Federal Register. It continued to be published by National Archives and Records Administration, an independent agency that was impacted by the shutdown in other respects, causing delays in its publication.

The effective date is important because the increases only apply to citations issued after that date and for the remainder of 2019.

The 2019 penalties are: Other than Serious violations, $13,260 (up from $12,675 in 2018); Serious violations, $13,260 (up from $12,675); Repeat violations: $132,598, (up from $126,749); Willful violations, $132,598 (up from $126,749); and Failure to abate (per day), $13,260 (up from $12,675 last year).

The penalty increase applies to federal OSHA states. Nonetheless, OSHA expects that the 26 states with their own occupational safety and health programs will align penalty structures with federal OSHA so that such programs are equally effective.

“While this is OSHA’s expectation, there has been little adjustment from various state plans to align with the increase in penalties,” notes Tressi L. Cordaro, who is an attoryeny with the law firm of Jackson Lewis PC. “For example, North Carolina and Kentucky still maintain a $7,000 maximum fine for serious violations and $70,000 for willful or repeats.”

DOL is required by law to adjust maximum OSHA penalties for inflation by Jan. 15 of each new year.