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⚠️ OSHA Penalty Reference

Current OSHA violation penalties, updated for 2026.

Penalties Increase Annually

OSHA adjusts penalties each January for inflation. These are the 2026 rates.


Penalty Amounts (2026)

Violation TypeMaximum PenaltyPer Instance
Serious$16,131Per violation
Other-Than-Serious$16,131Per violation
Posting Requirements$16,131Per violation
Willful$161,323Per violation
Repeated$161,323Per violation
Failure to Abate$16,131Per day unabated

Violation Types Explained

Serious Violation

A violation where there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.

Examples:

  • Missing fall protection at 6+ feet
  • Unguarded machinery
  • Lack of required PPE
  • Inadequate scaffolding

Other-Than-Serious Violation

A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Examples:

  • Incomplete OSHA 300 log
  • Missing safety data sheets
  • Minor housekeeping issues
  • Incomplete training documentation

Willful Violation

A violation the employer intentionally and knowingly commits, or commits with plain indifference to the law.

Key factors:

  • Employer knew of the hazard
  • Made no reasonable effort to correct
  • Showed intentional disregard for requirements

Note: Willful violations resulting in death can trigger criminal prosecution.

Repeated Violation

A violation of the same or similar standard within the past 5 years at any of the employer's establishments.

Important:

  • Doesn't have to be the exact same worksite
  • Company-wide history counts
  • Previous citation must have become final

Failure to Abate

Failure to correct a prior violation by the abatement date in the citation.

Penalty accrues daily:

  • Up to $16,131 per day
  • Continues until hazard is corrected
  • Can accumulate quickly

Penalty Reduction Factors

OSHA may reduce penalties based on:

FactorMax ReductionNotes
Size (small employer)Up to 60%Based on employee count
Good faithUp to 25%Safety program, quick correction
HistoryUp to 10%No prior violations

Size Reduction Schedule

EmployeesReduction
1-2560%
26-10040%
101-25020%
251+0%

Common Construction Citations

Top 10 Most Cited (Construction)

RankStandardDescriptionTypical Penalty
11926.501Fall Protection$8,000-$16,000+
21926.1053Ladders$4,000-$16,000
31926.451Scaffolding$8,000-$16,000+
41926.503Fall Protection Training$4,000-$12,000
51926.20Safety Programs$4,000-$12,000
61926.102Eye Protection$4,000-$12,000
71926.100Head Protection$4,000-$12,000
81926.502Fall Protection Systems$8,000-$16,000+
91926.405Electrical - Wiring$4,000-$12,000
101926.1052Stairways$4,000-$12,000

Severe Violator Enforcement Program (SVEP)

Employers can be placed in SVEP for:

  • Fatality/catastrophe with willful or repeated violations
  • Willful or repeated violations with high gravity
  • Failure to abate high gravity serious violations
  • Three or more high gravity serious violations

SVEP Consequences:

  • Enhanced follow-up inspections
  • Nationwide inspection targeting
  • Press releases naming company
  • Difficult to get off the list

Criminal Penalties

OffenseMaximum Penalty
Willful violation causing death6 months imprisonment, $250,000 fine
Repeat offense (willful + death)1 year imprisonment
False statements6 months imprisonment, $10,000 fine
Advance notice of inspection6 months imprisonment, $1,000 fine

Multi-Employer Worksite Policy

On construction sites, OSHA can cite:

Employer TypeCan Be Cited For
CreatingHazards they create, even if their own employees not exposed
ExposingHazards their employees are exposed to
CorrectingHazards they're responsible for correcting (GC)
ControllingHazards over which they have control

GC Note: General contractors are typically held to "correcting" and "controlling" employer standards for the entire site.


Contesting Citations

Timeline

ActionDeadline
Informal conference request15 working days
Notice of Contest15 working days
Settlement negotiationsBefore hearing
OSHRC hearingScheduled by commission

Options

  1. Accept and correct - Pay penalty, fix hazard
  2. Informal conference - Negotiate with Area Director
  3. Formal contest - Appeal to OSHRC
  4. Petition for Modification of Abatement - Request more time to fix

Penalty History

YearSerious MaxWillful Max
2024$15,625$156,259
2025$15,873$158,727
2026$16,131$161,323

Penalties adjusted annually per Federal Civil Penalties Inflation Adjustment Act