OSHA Fines and Vaccine Mandate Non-Compliance

Buried in the 2,465 pages of text currently included in the Congressional reconciliation bill draft is a small provision that would drastically increase fines for any Occupational Safety and Health Administration (OSHA) violation. Currently fines per “willful” and/or “repeat” violations range between $5,000 and $70,000 per violation, but this provision would raise the range to between $50,000 and $700,000 per violation. While this exponential increase is problematic on its own, there has been some talk that this could conceivably cover violations of vaccine mandate non-compliance if enacted.

As a refresher, the Biden Administration has mandated that all federal employees, contractors, and companies with 100 or more employees receive the vaccination. This emergency temporary standard will be promulgated by OSHA, and will last up to 6 months, although the Administration can pursue a traditional rulemaking during that time with more longevity.

It is unclear whether any increase in OSHA fines will be included in the final reconciliation bill, and it is also unclear when or if the reconciliation bill will pass. If this provision is included in a final bill, it is also unclear how violations would be assessed if the employer makes a good faith effort to confirm vaccination status of all employees. NPMA will continue to provide updates on vaccination policy changes to the industry. For questions, contact Ashley Amidon, VP of Public Policy at aamidon@pestworld.org.