Occupational safety International framework and country guides
What are the penalties for breaking occupational safety rules in the United States?
Part of: Occupational safety and health in United States: law, authorities and employer duties
Short answer
For penalties assessed after 15 January 2026, federal OSHA can propose up to $16,550 per serious or other-than-serious violation, $16,550 per day for failure to abate, and $165,514 per wilful or repeated violation. A wilful violation that kills a worker is also a federal crime.
Federal OSHA issues civil penalties per violation. For penalties assessed after 15 January 2026 the maximums are $16,550 for each serious or other-than-serious violation, $16,550 per day for failure to abate, and $165,514 for each wilful or repeated violation. Criminal prosecution is possible for a wilful violation that causes a worker's death, for false statements, and for unauthorised advance notice of an inspection.
Short answer
- Civil maximums (federal, assessed after 15 January 2026): serious, other-than-serious and posting violations $16,550 each; failure to abate $16,550 per day beyond the abatement date; wilful or repeated $165,514 each.
- Inflation: the maximums are adjusted every year, so always check the year.
- State Plans must adopt maximum penalties at least as effective as federal OSHA's.
- Reductions: under OSHA's Field Operations Manual, proposed penalties can be cut by up to 70% for employers with 25 or fewer employees, up to 25% for good faith and 20% for a clean inspection history in the previous five years. A violation is repeated when the same or a similar hazard is cited again within five years of the earlier citation becoming final (or of its abatement, if later).
- Criminal (OSH Act Section 17): wilful violation causing death up to $10,000 and/or 6 months' imprisonment (doubled for a second conviction); false statements in required records up to $10,000 and/or 6 months; unauthorised advance notice of an inspection up to $1,000 and/or 6 months. These are the amounts written in the Act; general federal sentencing law can allow higher fines.
- Deadline: OSHA must cite within six months of the violation; the employer has 15 working days from receipt to contest.
How civil penalties are built
| Violation type | Meaning | Maximum, assessed after 15 January 2026 |
|---|---|---|
| Serious | Substantial probability of death or serious physical harm, and the employer knew or could have known with reasonable diligence (Section 17(k)) | $16,550 per violation |
| Other-than-serious | Related to safety or health but unlikely to cause death or serious harm | $16,550 per violation |
| Posting requirements | For example not posting the OSHA notice or a citation | $16,550 per violation |
| Failure to abate | Hazard not corrected by the abatement date | $16,550 per day beyond the date |
| Wilful or repeated | Intentional disregard or plain indifference; or same or similar hazard cited again within 5 years of the earlier final order | $165,514 per violation |
The figures are maximums. The proposed amount depends on the gravity of the violation and is then adjusted for the employer's size and good faith under OSHA's Field Operations Manual. Each instance can be cited as a separate violation, so totals for a single inspection can be much higher than one maximum.
Example: After an amputation at a press, an inspector finds an unguarded press (serious), missing lockout procedures for two machines (two serious items) and an unposted injury summary (other-than-serious). The theoretical maximum is 3 x $16,550 + $16,550 = $66,200 before reductions. If the same employer had been cited for the same guarding hazard three years earlier, the guarding item could be cited as repeated, with a maximum of $165,514 for that item alone.
Criminal liability and other consequences
Criminal cases under the OSH Act are rare and limited to the situations in Section 17. A wilful violation of a standard, rule or order that causes the death of an employee carries a fine of up to $10,000, imprisonment of up to six months, or both; after a prior conviction, up to $20,000 and one year. Knowingly making a false statement in any application, record, report or plan required by the Act is a separate offence.
Other consequences often weigh more than the fine: the citation must be posted at or near the place of each violation for at least three working days or until corrected, abatement must be certified to OSHA, and inspection results are public. Workers' compensation claims, civil lawsuits and state criminal law operate separately from OSHA.
Compared with the EU and Türkiye
EU member states set their own penalties. In Türkiye, Law No. 6331 Art. 26 sets administrative fines per breach that are re-valued every year by the re-valuation rate, and serious accidents may also lead to criminal proceedings under the Turkish Penal Code. In all three systems a fine does not end the employer's civil liability towards the injured worker.
Common mistakes
- Quoting last year's maximums. Check osha.gov for the current inflation-adjusted figures.
- Ignoring the 15-working-day contest window. An informal conference does not extend it.
- Assuming one penalty per inspection. Each violation, and each day for failure to abate, counts.
Related on excodex
- Occupational safety and health in United States: law, authorities and employer duties
- How much are OSHA penalties?
- What happens during an OSHA inspection?
- What is the OSHA multi-employer citation policy?
Standards and further reading
- OSHA penalties page (2026 annual adjustment, Federal Register notice of 27 May 2026): https://www.osha.gov/penalties
- OSHA Field Operations Manual, Chapter 6, Penalties and Debt Collection: https://www.osha.gov/fom/chapter-6
- OSH Act Section 17, penalties: https://www.osha.gov/laws-regs/oshact/section_17
- OSHA 3000, Employer Rights and Responsibilities Following a Federal OSHA Inspection: https://www.osha.gov/sites/default/files/publications/osha3000.pdf
This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.
More questions on this topic
- What is the main occupational safety and health law in the United States and who enforces it?
- Must an employer in the United States appoint a safety professional or an occupational physician?
- Is a written risk assessment mandatory in the United States, and how often must it be reviewed?
- How and within what time must a workplace accident be reported in the United States?
- What OSH training must employers provide to workers in the United States?
- Are pre-employment and periodic medical examinations required for workers in the United States?
- Is a safety committee or a worker safety representative required in the United States?
- How are explosive atmospheres and Ex equipment regulated in the United States?
Part of: Occupational safety and health in United States: law, authorities and employer duties