⚠️ OSHA Penalty Reference
Current OSHA violation penalties, updated for 2026.
OSHA adjusts penalties each January for inflation. These are the 2026 rates.
Penalty Amounts (2026)
| Violation Type | Maximum Penalty | Per Instance |
|---|---|---|
| Serious | $16,131 | Per violation |
| Other-Than-Serious | $16,131 | Per violation |
| Posting Requirements | $16,131 | Per violation |
| Willful | $161,323 | Per violation |
| Repeated | $161,323 | Per violation |
| Failure to Abate | $16,131 | Per 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:
| Factor | Max Reduction | Notes |
|---|---|---|
| Size (small employer) | Up to 60% | Based on employee count |
| Good faith | Up to 25% | Safety program, quick correction |
| History | Up to 10% | No prior violations |
Size Reduction Schedule
| Employees | Reduction |
|---|---|
| 1-25 | 60% |
| 26-100 | 40% |
| 101-250 | 20% |
| 251+ | 0% |
Common Construction Citations
Top 10 Most Cited (Construction)
| Rank | Standard | Description | Typical Penalty |
|---|---|---|---|
| 1 | 1926.501 | Fall Protection | $8,000-$16,000+ |
| 2 | 1926.1053 | Ladders | $4,000-$16,000 |
| 3 | 1926.451 | Scaffolding | $8,000-$16,000+ |
| 4 | 1926.503 | Fall Protection Training | $4,000-$12,000 |
| 5 | 1926.20 | Safety Programs | $4,000-$12,000 |
| 6 | 1926.102 | Eye Protection | $4,000-$12,000 |
| 7 | 1926.100 | Head Protection | $4,000-$12,000 |
| 8 | 1926.502 | Fall Protection Systems | $8,000-$16,000+ |
| 9 | 1926.405 | Electrical - Wiring | $4,000-$12,000 |
| 10 | 1926.1052 | Stairways | $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
| Offense | Maximum Penalty |
|---|---|
| Willful violation causing death | 6 months imprisonment, $250,000 fine |
| Repeat offense (willful + death) | 1 year imprisonment |
| False statements | 6 months imprisonment, $10,000 fine |
| Advance notice of inspection | 6 months imprisonment, $1,000 fine |
Multi-Employer Worksite Policy
On construction sites, OSHA can cite:
| Employer Type | Can Be Cited For |
|---|---|
| Creating | Hazards they create, even if their own employees not exposed |
| Exposing | Hazards their employees are exposed to |
| Correcting | Hazards they're responsible for correcting (GC) |
| Controlling | Hazards 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
| Action | Deadline |
|---|---|
| Informal conference request | 15 working days |
| Notice of Contest | 15 working days |
| Settlement negotiations | Before hearing |
| OSHRC hearing | Scheduled by commission |
Options
- Accept and correct - Pay penalty, fix hazard
- Informal conference - Negotiate with Area Director
- Formal contest - Appeal to OSHRC
- Petition for Modification of Abatement - Request more time to fix
Penalty History
| Year | Serious Max | Willful 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