The Department of Transportation (DOT) has released its inflation-adjusted civil monetary penalties that may be assessed on employers for violations of a wide range of federal laws, such as the Federal Motor Carrier Safety Regulations (FMCSRs). The increased amounts will go into effect on January 6, 2023.
The civil monetary penalties final rule also implements the authority to assess civil penalties for violations concerning the Drug and Alcohol Clearinghouse.
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) requires federal agencies to adjust minimum and maximum civil penalty amounts for inflation to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect.
The 2015 Act required an initial catch-up adjustment, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula.
The FMCSA’s civil penalties affected by this rule are all located in appendices A and B of 49 CFR part 386. The FMCSA has revised appendix B to include the civil monetary penalties for an employer, employee, medical review officer or service agent who violates the regulations implementing the Drug and Alcohol Clearinghouse regulation.
Employers should become familiar with the new penalty amounts so that they are aware of their risk exposure for violations of DOT requirements. It is also recommended that employers review their DOT policies to ensure they are in compliance with federal requirements in order to avoid penalties.
- Annual Updates: DOT must adjust its civil penalty amounts for inflation each year.
- Compliance Review: Employers should review their compliance with DOT regulations to minimize potential liability.
- Possible Penalties: DOT may assess these penalties on employers, employees, medical review officers or services agents that violate Federal Motor Carrier Safety Regulations (FMCSRs).
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