OSHA Serious Violation Penalties: Current Amounts & Enforcement
Last updated: 2026-04-05 — ComplianceStack Editorial Team
A 'serious' OSHA violation means there is substantial probability that death or serious physical harm could result from the hazard — and the employer knew, or should have known, about it. As of 2024 (adjusted annually via the Federal Civil Penalties Inflation Adjustment Act), the maximum penalty per serious violation is $16,550. Willful or repeat violations hit $165,514 per instance. Understanding penalty categories is essential for every employer subject to OSH Act jurisdiction.
Penalty Tier Breakdown
Serious Violation
Up to $16,550A serious violation exists when the workplace hazard could cause an accident or illness that would likely result in death or serious physical harm — and the employer knew, or should have known, of the hazard. This is the most common citation type.
Willful Violation
$11,524 – $165,514A willful violation is one committed with intentional disregard of, or plain indifference to, OSHA requirements. OSHA must show the employer was aware of the requirement and consciously chose not to comply.
Repeat Violation
Up to $165,514A repeat violation occurs when OSHA found the same or substantially similar condition in a previous inspection within the past 5 years. OSHA searches a 3-year window for prior violations by federal OSHA; state plans use varying lookback periods.
Other-Than-Serious Violation
Up to $16,550A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. Examples: incomplete injury/illness recordkeeping (OSHA 300 log), failure to post required OSHA notices.
Failure to Abate
Up to $16,550 per dayWhen an employer fails to correct a cited violation by the abatement date, OSHA may assess a daily failure-to-abate penalty for each day the violation continues past the deadline.
How Penalties Are Calculated
OSHA starts with the maximum penalty ($16,550 for serious) and applies gravity-based reductions. Gravity score (1–10) is based on probability of injury and severity of potential harm. Penalty adjustments: (1) Size reduction: –70% for employers with 1–25 employees, –60% for 26–100 employees, –30% for 101–250 employees; (2) Good faith reduction: –25% if employer has an active safety and health program; (3) History reduction: –10% if no prior OSHA violations in 5 years, or +10% for prior violations. Willful/repeat penalties are not subject to size or good faith reductions. Employers have 15 working days from receipt of citations to contest.
Recent Enforcement Actions
Understand Your OSHA Penalty Exposure
Use ComplianceStack's free tools to identify gaps before regulators do.
Take the Quiz → Gap Analyzer →Frequently Asked Questions
Can OSHA assess multiple serious violations for one incident?
Yes. Each distinct OSHA standard violation found during an inspection generates a separate citation item with its own penalty. A single workplace accident may result in citations for multiple standards (e.g., fall protection, personal protective equipment, training requirements) — each assessed independently. Multi-instance citations (one standard, multiple affected employees) are grouped into one citation item but the penalty can reflect multiple instances, especially for repeat or willful violations.
What is the informal conference process for contesting OSHA penalties?
Within 15 working days of receiving an OSHA citation, employers may request an informal conference with the area director — without forfeiting the right to contest. Informal conferences often result in penalty reductions of 30–50% in exchange for early correction, documentation of abatement, and a settlement agreement. Formal contests are filed with the Occupational Safety and Health Review Commission (OSHRC) and can take 1–3 years. Most employers resolve citations through informal conferences or formal settlement agreements before OSHRC adjudication.
Do state OSHA plans have different penalty amounts?
State OSHA plans (covering 22 states and 2 territories) must maintain penalty structures that are 'at least as effective' as federal OSHA. Many state plans mirror federal amounts exactly; others (California, Washington, Oregon, Michigan) have adopted higher maximums. California's Cal/OSHA has a maximum of $25,000 per serious violation, $156,259 for repeat/willful violations. Washington's L&I uses a different matrix. Always verify your state plan's current penalty schedule — OSHA's website maintains a directory of state plan penalty information.