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 calculates the adjustments based on a cost-of-living formula provided by the Inflation Adjustment Act.

On January 15, 2023, DOL promulgated a final rule adjusting penalties for 2023. The rule makes 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 increased penalty levels apply to any penalties assessed after January 15, 2023, whose associated violations occurred after November 2, 2015.

The final rule is available on the Federal Register’s website.