Notice of Final Rule Adjusting Penalty Amounts

Division of Coal Mine Workers' Compensation (DCMWC)

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the Department of Labor (DOL) to annually adjust its civil money penalty levels for inflation.

The Department calculated the adjustments based on a cost-of-living formula provided by the Inflation Adjustment Act. The increased penalty levels apply to any penalties assessed after January 2, 2018 whose associated violations occurred after Nov. 2, 2015.

On January 2, 2018, DOL promulgated a final rule adjusting penalties for 2018. The rule makes small upward adjustments to the following penalties assessed by the Office of Workers' Compensation Programs under the Black Lung Benefits Act:

• 20 C.F.R. 725.621
  Failure to file required reports.
• 20 C.F.R. 726.302
  Failure to secure payment of benefits.

The final rule is available on the Federal Register's website at https://www.federalregister.gov/documents/2018/01/02/2017-28224/department-of-labor-federal-civil-penalties-inflation-adjustment-act-annual-adjustments-for-2018. The rule is effective on January 2, 2018.