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2023 New Year – New Penalties for Non-Compliance

A little over two weeks into 2023, the top three agencies that regulate most companies, including those in the life sciences industry, increased and put into effect their civil penalty amounts for non-compliance. The trifecta of organizations we’ll discuss are outlined below.

  • The Occupational Safety and Health Administration (OSHA) oversees workplace safety and health.
  • The Environmental Protection Agency (EPA) regulates hazardous waste with rules that fall under the Resource Conservation and Recovery Act (RCRA), which are typically enforced by state and/or local agencies, including, but not limited to, those listed below.
    • Massachusetts Department of Environmental Protection (Mass DEP)
    • New York Department of Environmental Conservation (NY DEC)
  • The Department of Transportation (DOT) governs hazardous materials transportation under the Pipeline Hazardous Materials Safety Administration (PHMSA) and the mode-specific administrations below.
    • Federal Aviation Administration (FAA)
    • Maritime Administration (MARAD)
    • Federal Railroad Administration (FRA)
    • Federal Motor Carrier Safety Administration (FMCSA)

OSHA civil penalties inflation adjustments went into effect on January 15, 2023, and are summarized in the table below. More information regarding labor related infractions and their fines can be found in this Final Rule FR 2023-00271.

Effective January 6, 2023, the EPA increased their maximum civil penalty more than $6,000 to $87,855 per day, per violation of the RCRA hazardous waste management regulations. The full list of EPA governed acts, such as the Clean Air Act (CAA), Clean Water Act (CWA), and Toxic Substances Control Act (TCSA), their code citations, and the penalties for regulatory infringements can be found in the EPA Civil Monetary Penalty Inflation Adjustment rule.

Also effective January 6, 2023, are the DOT’s updated penalties. The per violation, per day fines for hazardous materials transportation civil and training non-compliance are outlined below. More details are covered in this Final Rule FR 2022-28580.

Safety Partners can help keep you in compliance to avoid fines like these!

Our RCRA for Life Sciences, Very Small and Small Quantity Waste Generators and DOT for Life Sciences Awareness Training can be taken right now from any internet capable device. Our OSHA courses can be too; check out the full list of offerings here: EHS Training and Professional Development.

For more information, including to find out if any of these rules apply to you (most likely they do), Contact us!

This blog was written by Kim E. Folger, Safety Partners’ Training and Development Manager


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