Mine Safety and Health Administration: Annual Increase to Civil Penalties

On January 14, 2021, the United States Department of Labor published a final rule in the Federal Register that increases the Mine Safety and Health Administration’s (“MSHA”) civil monetary penalties. As is required every year, the civil penalties are being adjusted for inflation and will increase by 1.0118 percent.

This penalty increase affects the minimum or maximum penalties for almost all MSHA citations. This includes citations under section 104(d)(1) and section 104(d)(2) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”) (30 USC § 801 et seq.), which comprise the majority of citations under the Mine Act. Below is a table showing the increases to the penalties.

For more information relating to MSHA or its authority under the Mine Act, you can visit the MSHA webpage found here.

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James Anderson is an Associate at Harrison, Temblador, Hungerford & Guernsey LLP in Sacramento, California.

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