OSHA Fines and Penalties — 2026 Guide

2026 OSHA penalty amounts

OSHA penalty maximums are adjusted annually under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The following amounts apply to penalties assessed after January 15, 2026:

Penalty schedule

• Serious violation: up to $16,131 per violation.
• Other-than-serious violation: up to $16,131 per violation.
• Posting requirements violation: up to $16,131 per violation.
• Willful violation: $11,524 minimum to $161,323 maximum per violation.
• Repeat violation: up to $161,323 per violation.
• Failure to abate: up to $16,131 per day the violation continues beyond the abatement date.

These are maximum amounts. The actual penalty proposed for any given violation depends on the calculation methodology OSHA applies, described below. State-plan states must maintain penalty levels at least as effective as federal OSHA but may set higher maximums. For state-specific details, see our OSHA requirements by state guide.

How penalties have changed

Before the 2015 inflation adjustment law, OSHA's maximum serious violation penalty had been frozen at $7,000 since 1990. The 2015 law required a one-time catch-up adjustment followed by annual inflation-based increases. The result has been a dramatic increase in penalty amounts:

• 2015: $7,000 maximum serious violation
• 2016: $12,471 (catch-up adjustment)
• 2020: $13,653
• 2023: $15,625
• 2025: $16,131
• 2026: $16,131 (current)

Willful and repeat maximums have risen proportionally, from $70,000 in 2015 to $161,323 in 2026. These increases mean that penalties that once felt manageable for small contractors now represent significant financial exposure.

How OSHA calculates penalties

OSHA does not simply assign the maximum penalty to every violation. The agency follows a detailed penalty calculation methodology outlined in its Field Operations Manual (FOM), CPL 02-00-164. The process works in two steps: determining the base penalty (gravity-based) and applying adjustment factors.

Step 1: Gravity-based penalty (base amount)

The base penalty is determined by the gravity of the violation, which has two components:

• Severity. How serious the potential injury or illness could be. OSHA classifies severity as:
  • High severity — death or injuries/illnesses resulting in hospitalization
  • Medium severity — injuries/illnesses resulting in medical treatment beyond first aid
  • Low severity — injuries/illnesses requiring first aid only
• Probability. How likely it is that an injury or illness would occur from the violative condition. Factors include the number of workers exposed, frequency of exposure, proximity of workers to the hazard, and the use (or lack) of protective measures. OSHA classifies probability as greater or lesser.

The combination of severity and probability produces a gravity classification that determines the base penalty amount. High-severity/greater-probability violations receive the highest base penalties; low-severity/lesser-probability violations receive the lowest.

Step 2: Adjustment factors

After determining the gravity-based penalty, OSHA applies up to three adjustment factors that can reduce (but not increase) the penalty:

Size adjustment

OSHA reduces penalties for small employers based on workforce size:

• 1-25 employees: up to 60% reduction
• 26-100 employees: up to 40% reduction
• 101-250 employees: up to 20% reduction
• 251+ employees: no size reduction

For most small contractors with crews of 25 or fewer, this is the largest single reduction factor available.

Good faith adjustment

Employers who demonstrate a genuine commitment to workplace safety may receive up to a 25% reduction. OSHA evaluates good faith based on:

• Whether the employer has a written safety and health program that is effective and actively implemented.
• Whether the employer conducts regular workplace inspections and hazard assessments.
• Whether safety training is documented and current.
• Whether the employer has taken steps to correct hazards before OSHA's inspection.

This is where having organized, company-specific written safety documentation directly reduces your penalty exposure. A contractor who can show a compliance officer a current written safety program, signed training records, and documented inspections has a stronger case for the good-faith reduction than one who cannot produce any documentation.

History adjustment

Employers with no serious, willful, or repeat violations in the past five years may receive up to a 10% reduction. A clean inspection history demonstrates sustained compliance effort.

Per-instance vs. per-violation penalties

In most cases, OSHA issues one penalty per cited standard, regardless of how many workers are exposed. However, OSHA has the authority to assess penalties on a per-instance basis in cases involving egregious willful violations. In an egregious case, each instance of a violation (e.g., each worker without fall protection) is treated as a separate violation with its own penalty. A single inspection of a site with 10 unprotected workers could theoretically result in 10 separate willful violation penalties — over $1.6 million total.

Per-instance penalties are reserved for the most severe cases: employers with extensive history of violations, employers who showed willful disregard for worker safety, or employers where the violations resulted in fatalities. While uncommon, these cases are well-publicized and serve as enforcement benchmarks.

Construction-specific enforcement trends

Construction consistently leads all industries in OSHA enforcement activity. The following standards are the most frequently cited in construction and carry the highest penalty exposure:

OSHA's top construction citations

1. Fall protection — general requirements (29 CFR 1926.501). The most cited OSHA standard every year. Requires fall protection for workers exposed to falls of 6 feet or more in construction. Violations are typically classified as serious or willful.
2. Hazard communication (29 CFR 1910.1200). Requires a written hazard communication program, safety data sheets (SDS), labeling, and worker training for hazardous chemicals. Applies to every construction employer using chemicals, solvents, adhesives, or coatings.
3. Scaffolding (29 CFR 1926.451). Requirements for scaffold construction, use, and access. Commonly cited for missing guardrails, improper planking, and inadequate access.
4. Ladders (29 CFR 1926.1053). Requirements for ladder use, condition, and placement in construction.
5. Fall protection — training (29 CFR 1926.503). Requires employers to train workers in fall hazards and the use of fall protection systems. Cited when training is absent or undocumented.
6. Trenching and excavation (29 CFR 1926.651 and 1926.652). Requirements for protective systems (sloping, shoring, shielding) in excavations over 5 feet deep. Trench-related violations frequently result in willful citations due to the high fatality risk.
7. Eye and face protection (29 CFR 1926.102). Requirements for appropriate eye and face protection based on hazard assessments.
8. Respiratory protection (29 CFR 1910.134). Comprehensive requirements for respiratory protection programs, including fit testing, medical evaluation, and training.

Penalty payment and consequences

How to pay

OSHA provides payment instructions with each citation. Penalties can be paid online through Pay.gov, by check or money order mailed to OSHA, or by electronic funds transfer. Payment is due within 15 business days unless the citation is contested. If you request an informal conference or file a Notice of Contest, payment is stayed until the matter is resolved. For details on these options, see our citation response guide.

Consequences of non-payment

Unpaid penalties from final orders (citations that were not contested or that were upheld after contest) are debts owed to the federal government. OSHA refers unpaid penalties to the U.S. Department of the Treasury for collection. The Treasury can add interest and collection fees, offset against tax refunds, and pursue other collection actions.

Beyond the fine: business impact

The penalty amount is often the smallest cost of an OSHA citation. Broader impacts include:

• Prequalification. GCs, ISNetworld, Avetta, and other platforms track OSHA citations. Active citations or a pattern of violations can disqualify contractors from bidding on projects — especially in commercial and industrial construction.
• Insurance. Citations, especially those involving injuries, affect workers' compensation experience modification rates (EMR). Higher EMRs mean higher premiums.
• Repeat exposure. Any citation in your history creates risk. A second violation of the same or substantially similar standard within five years becomes a repeat violation with a maximum penalty of $161,323 instead of $16,131.
• Public record. OSHA inspection results are publicly searchable in OSHA's online enforcement database. GCs, clients, and competitors can look up your history.
• Criminal liability. In rare cases involving willful violations that cause a worker's death, criminal prosecution is possible under Section 17(e) of the OSH Act. A conviction can result in fines and imprisonment of up to six months (or up to one year for a second offense).

How to reduce your penalty exposure

Every penalty adjustment factor within OSHA's calculation methodology points in the same direction: contractors who take safety seriously before an inspection pay less if violations are found. Here are the practical steps:

• Maintain a written safety program. A current, company-specific written safety and health program is the single strongest evidence of good faith. It supports the 25% good-faith reduction and demonstrates proactive management commitment.
• Document training. Keep signed, dated records of all required safety training — hazard communication, fall protection, scaffolding competent person, tool-specific training, and any state-required topics.
• Conduct and document inspections. Regular jobsite safety inspections with written records show that you actively identify and correct hazards.
• Correct hazards promptly. When you identify a hazard — through self-inspection, a near-miss, or an employee report — correct it and document the correction. Prompt correction demonstrates good faith and reduces the severity classification of any resulting citation.
• Know your state's rules. In state-plan states, additional requirements may apply. Not knowing about a state-specific standard is not a defense. See our state-by-state guide.

None of these steps guarantee that you will avoid citations or penalties. But they reduce the likelihood of violations, reduce the severity of penalties when violations are found, and position you for better outcomes in informal conferences and formal contests.

Estimate your penalty exposure

Use our free OSHA penalty calculator to estimate potential penalties based on violation type, employer size, and adjustment factors. The calculator uses the current 2026 penalty schedule and OSHA's published calculation methodology.