Florida Marine Contractors Association
a Florida Non Profit Corporation

OSHA & EPA Fines Rise This Week

Posted on Aug 02 in Member Blog

Submitted by Dale Squires, ShoreStation Hydraulic boat Lift Systems

EPA and OSHA are increasing their penalties as a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act which passed in November 2015. The Act requires fines to increase with inflation. While this requirement was previously in place, not all organizations followed that mandate, but under this ACT they can no longer ignore inflation. Both agencies penalty increases go into effect on August 1, 2016.

OSHA’s maximum penalties, which were last adjusted in 1990, will increase by 78%. Going forward, the agency will continue to adjust its penalties for inflation each year based on the Consumer Price Index. States that operate their own Occupational Safety and Health Plans are required to adopt maximum penalty levels that are at least as effective as Federal OSHA’s. To address the impact of these penalty increases on smaller businesses, OSHA will continue to provide penalty reductions based on the size of the employer and other factors.

Penalties related to the Clean Air Act are increasing significantly, going from the current maximum of $37,500 per day to nearly triple that amount, $93,750. The Clean Water Act’s oil and hazardous substance discharge provisions are increasing more moderately, where the fine will increase from $37,500 to $44,539 per day.

All Florida marine contractors operating any lifting devices with 2,000 lbs or greater capacity, on land OR over the water, are required by law to attend and pass a Mobile Crane Operator Training Program and obtain a Certificate proving compliance. This must be accomplished by November 10, 2017, an OSHA deadline. The FMCA has arranged an opportunity to learn more about compliance at this October’s FMCA Expo set for October 21 & 22nd, 2016 at The Shores Resort, 2637 South Atlantic Ave in Daytona Beach Shores, FL. Your FMCA has arranged a full line up of Expo speakers with the Crane Operator Certification top priority.

MORE: The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) set the Nov. 10, 2017 deadline for crane operator certification requirements in the Cranes and Derricks in Construction final rule. The rule dictates that it is the employer’s responsibility to ensure that crane operators are competent to operate a crane safely. OSHA has addressed operator qualification requirements for the crane standards including the role of operator certification. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

Now is the time to make sure you are complying with OSHA and EPA rules. Plan to attend this year’s FMCA Expo! Details and Registration information will be posted soon at http://www.myfmca.org/expo-meetings/