The state Department of Labor & Industries will begin raising penalty amounts annually, based on inflation, in an effort to make fines for health and safety violations a more effective deterrent.
Health and safety fines in Washington state have lagged behind the national average since 2019. The most recent data from the U.S. Occupational Safety and Health Administration show the state’s fines for serious violations fell to a little over half of the national average in 2023.
L&I spokesperson Matt Ross noted the agency started discussing raising base penalties in 2022.
“The timing was based on the impacts of the COVID-19 pandemic and the fact that Washington conducts a significantly higher number of inspections than most other states, which is one factor balancing out the need for higher penalties to be an effective deterrent,” Ross wrote in an email.
L & I implemented the new rates on Feb. 17. Penalties imposed in response to inspection conducted after that date will see fines increased by 2%. Starting next year, fines will grow based on the inflation rate.
Starting last month, base penalties for the highest severity violations started at $7,140. The lowest severity violation rates begin at $1,020.
Base penalties are determined by the severity and probability of any potential injury that could have resulted from the violation of the health or safety rule. L&I also adjusts fines based on the size of the company and past safety history.
A 2024 Cascade PBS investigation found that state officials often reduced penalty amounts upon appeal, later lowering a third of safety fines from inspections conducted between 2017 and 2021.
Under the new penalty system, fines may also rise an additional 2% if the amount is not within 25% of the national penalty average. With average serious fines nearly half of the national average, many would likely qualify for that extra increase.
Ross stated that L&I last raised its penalty rates in 2018 to meet the federal requirements.
A spokesperson for the Association of Washington Businesses declined to comment on the new fines, saying it was an issue they were aware of but had not been involved in.
Sarah Tucker, a spokesperson for the Washington State Labor Council, said the group appreciated the new fine structure that increased fines based on inflation, but questioned if the amounts were high enough to be a deterrent.
“We appreciate adopting a structure to ensure that the dissuasive power of penalties will keep up, at least in part, with the economy,” Tucker wrote in an email. “But whether these penalties are sufficient to effectively drive employers toward safer practices is an open question.”