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Congress Considering $700,000 OSHA Penalties A Congressional committee has approved maximum penalties of $700,000 per item for violations of Occupational Safety and Health Administration (OSHA) standards. The move would mean more than a fivefold increase of maximum “willful,” “repeated,” and “failure-to-abate” violations from $136,532. Minimum penalty amounts for such infractions would increase from today’s $9,753 to $50,000. “Serious” violations would increase from a current maximum of $13,653 to $70,000. Announcing its intent to “invest in increased enforcement of labor law … and set meaningful civil monetary penalties for violations of wage and hour, worker safety and labor laws” in the “ Build Back Better Agenda ,” the House Committee on Education and Labor approved the multiplied penalty levels, as well as a $707 million budget for the agency. The penalty increases mirror provisions in the “Protecting America’s Workers Act,” a measure that has been proposed in recent Congresses but has never passed. The House of Representatives is expected to vote on the new measure and send it to the Senate, which could enact the measure with a simple majority vote. In its last major penalty increase, Congress approved an increase of maximum penalties from $7,000 per “serious” item to $12,471 on June 30, 2016, an increase of 78 percent. Congress tied subsequent annual penalty adjustments automatically to the Consumer Price Index, and thus, penalties have made gradual increases since to the current maximum of $13,653. In 2016, Congress also increased “willful” and “repeated” violations from $70,000 per item to $124,709. A single violation under the proposed penalty structure could effectively put a company out of business. As a result, challenges by cited employers will increase as legal costs may be inevitable to avoid significantly larger penalties. This is reminiscent of what happened in 2006, when Congress’ passage of increased penalties under the Mine Safety and Health Act penalties caused the Mine Safety and Health Administration (MSHA) to experience an increase of citation contests that strained resources and caused a backlog of cases requiring Congress to fund the MSHA backlog project. Such a move also can strain agency resources, requiring compliance officials to make court appearances for litigated citations, and increase demands on judges and government attorneys. In 2010, the Occupational Safety and Health Review Commission (OSHRC) reported that earlier penalty increases sparked an increased workload of 60 percent for administrative law judges due to a rise in the number of disputes resolved not in early settlements, but later, in administrative hearings. Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 260

https://www.natlawreview.com/article/congress-considering-700000-osha-penalties

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To a Lesser Degree—a new climate podcast from The Economist RISING GLOBAL temperatures have already increased the frequency of floods, wildfires, droughts and heatwaves around the world. If humanity does not change course rapidly, the effects of climate change will become more extreme. What can be done to avoid this outcome? "To a Lesser Degree" is a thought-provoking new podcast on climate change from The Economist. Over eight episodes we take a clear-eyed look at the technologies, the adaptation and the politics needed to address extreme climate change. Subscribe and listen on: Apple Podcasts | Spotify | Pocket Casts | Google | Overcast Each episode will draw on the expertise of special guests and The Economist’s global network of correspondents, to report on the decisions that matter for the future of our planet. World about his leaders gather in November in Glasgow, Scotland, for a United Nations climate conference known as COP26. The goal is to agree on action to slow the heating of the Earth. It’s the most significant meeting since the 2015 Paris summit, when almost 200 countries agreed to keep the Earth’s temperature well below 2.0°C over pre-industrial levels and preferably no more than 1.5°C. The global average has already increased by roughly 1.1°C - 1.2°C and if dramatic action isn’t taken, it could hit 3°C—a catastrophe for the critical Earth systems upon which humanity relies. In the run up to the conference, we’ll be asking: Can humanity slow the pace of global warming? How well can people adapt to climate change? Who will pay the price of a hotter planet? What innovations could counteract the damage done by climate change? The new podcast is hosted by Vijay Vaitheeswaran, The Economist’s global energy & climate innovation editor, with Catherine Brahic, environment editor, and Oliver Morton, briefings editor. Together they ask expert guests whether and how the pace of global warming can be slowed and explore how everything - from finance to agriculture, transport to international policy - might need to change in order to do it. The series will map out the path to tackling climate change with intelligent and informed analysis of the three key steps that need to happen: reducing emissions and removing greenhouse gases from the atmosphere; adapting to climate change; and getting the politics right in Glasgow and beyond. “To a Lesser Degree” is an eight-part special series, with new you could try this out episodes published every Monday, starting 27th September 2021.

https://www.economist.com/podcasts/2021/09/20/to-a-lesser-degree-a-new-climate-podcast-from-the-economist
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