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Question and answerEXC-OQA-0425

What are the penalties for breaking occupational safety rules in the United States?

excodex editorial teamUnited 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 typeMeaningMaximum, assessed after 15 January 2026
SeriousSubstantial 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-seriousRelated to safety or health but unlikely to cause death or serious harm$16,550 per violation
Posting requirementsFor example not posting the OSHA notice or a citation$16,550 per violation
Failure to abateHazard not corrected by the abatement date$16,550 per day beyond the date
Wilful or repeatedIntentional 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

Standards and further reading

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.

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Part of: Occupational safety and health in United States: law, authorities and employer duties

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