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Takeaways
- Puerto Rico Occupational Safety and Health Administration (PR OSHA) has increased penalty amounts for workplace safety violations.
- The new penalty structure ensures consistency with federal OSHA enforcement standards.
- Strengthening workplace safety programs, verifying postings, and implementing prompt corrective action can reduce exposure under the new penalty framework.
- PRDOL OSHA Public Notice
- Act. No. 212 of September 17, 2024
- Act No. 16 of August 5, 1975
Article
PR OSHA recently issued a public notice announcing its updated fines and penalty structure for employer noncompliance with adopted OSHA standards. The updated fines are summarized here:
| Nature of Violation | Minimum Penalty (per violation) |
Maximum Penalty (per violation) |
| Willful or repeated | $11,823 | $165,514 |
| Serious | $1,221 | $16,550 |
| Nonserious | $0 | $16,550 |
| Failure to correct a cited violation | N/A | $16,550 per day until the violation is corrected |
| Not complying with posting notice requirement | $0 | $16,550 |
These new penalty amounts are intended to ensure parity with federal OSHA enforcement and to strengthen deterrence against workplace safety violations in Puerto Rico. They were made pursuant to PR OSHA’s authority under the Puerto Rico Workplace Safety and Health Act (“Act No. 16”; see Act No. 212-2024 amended Act No. 16 of August 5, 1975) to adjust such penalties periodically.
Employers in Puerto Rico should take this opportunity to review and improve their workplace health and safety programs, ensuring full compliance with current regulations and robust protection for their employees.
Remember: Noncompliance can lead to substantial financial consequences, so immediate action is crucial.
