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Federal Civil Penalties Inflation Adjustment Act Delayed by Shutdown


The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires the Department of Labor, including MSHA, to annually adjust its civil monetary penalty levels for inflation no later than Jan. 15 of each year. Adjustments are made by issuing a final rule that is effective on its date of publication in the Federal Register. 

Due to a lapse in appropriations funding for certain government agencies, including the Office of the Federal Register, publication of the Department of Labor Final Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019 Final Rule has been delayed. 

The Final Rule will not go into effect until it is published in the Federal Register. The effective date will be the date of publication, and the increased penalty levels will apply to any penalties assessed after the effective date of the increase. 

The Department of Labor is making the pre-published version of the Final Rule available on its website for informational purposes only until the official version is published in the Federal Register. The pre-published version of the Final Rule can be found here

MSHA will notify stakeholders when the Final Rule is published in the Federal Register.