Types of OSHA Violations
OSHA classifies violations into several categories based on severity and employer intent:
| Violation Type | Definition | Max Penalty per Violation |
|---|---|---|
| Serious | Hazard that could cause death or serious physical harm, and the employer knew or should have known about it | $16,550 |
| Other-Than-Serious | Violations with a direct relationship to safety/health but unlikely to cause death or serious harm | $16,550 |
| Willful | Employer intentionally and knowingly committed the violation, or showed plain indifference | $165,514 |
| Repeat | Substantially similar violation found within 5 years of a previous citation | $165,514 |
| Failure to Abate | Employer did not correct a previously cited hazard by the abatement deadline | $16,550 per day |
| Posting | Failure to display required OSHA poster or citation notices | $16,550 |
Current Penalty Amounts (2026)
While individual violation penalties may seem manageable, they compound rapidly. A single OSHA inspection that finds multiple serious violations across a worksite can easily result in penalties exceeding $500,000. Willful violations involving worker fatalities regularly exceed $1 million in combined penalties.
How Penalties Are Calculated
OSHA doesn't just pick a number. Penalties are calculated using a structured formula that considers:
- Gravity of the violation — How severe is the potential injury? How many workers are exposed?
- Employer size — Companies with fewer than 250 employees may receive reductions of 20-60%
- Good faith — Employers with effective safety programs and a demonstrated commitment to worker health can receive up to 25% reduction
- History — No serious violations in the past 5 years can earn a 10% reduction. Prior violations increase penalties.
Recent Enforcement Trends
Several trends are shaping OSHA enforcement in 2025-2026:
- Increased inspector hiring. OSHA has expanded its inspector workforce, leading to more inspections nationwide.
- Instance-by-instance citations. Instead of citing one violation for a systemic issue, OSHA increasingly cites each instance separately — multiplying penalties dramatically.
- Heat illness enforcement. New proposed rules for indoor and outdoor heat exposure are creating additional compliance obligations.
- Warehouse and logistics focus. Increased inspections targeting injury rates at fulfillment centers and warehouses.
- Whistleblower retaliation scrutiny. OSHA is pursuing retaliation cases more aggressively, with penalties and settlements increasing.
Reducing Your Penalty Risk
The most effective strategies for avoiding OSHA citations aren't reactive — they're built into your safety culture:
- Capture near-misses. A documented trail of hazard identification and correction demonstrates good faith better than anything else.
- Conduct regular self-inspections. Use OSHA's own inspection checklists to audit your worksite quarterly.
- Train workers and document it. Training records are the first thing an inspector asks for.
- Fix hazards immediately. The gap between identifying a hazard and correcting it is where citations live.
- Create anonymous reporting channels. Workers who can report hazards without fear of retaliation produce the intelligence you need to stay ahead of inspectors.
Stay Ahead of OSHA
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