OSHA Penalty Amounts for 2026
Federal OSHA Penalties (2026)
OSHA adjusts penalty amounts annually for inflation. As of January 2026: Other-than-serious violations carry a maximum penalty of $16,550 per violation. Serious violations also carry a maximum of $16,550 per violation. Willful or repeated violations carry a maximum of $165,514 per violation. Failure to abate (correct a previously cited hazard) carries a penalty of up to $16,550 per day beyond the abatement date. Posting requirements violations carry a maximum of $16,550.
Cal/OSHA Penalties (California)
California penalties differ from federal OSHA: General violations typically range from $1,000 to $3,000 for first offenses. Serious violations carry penalties up to $25,000 per violation. Willful violations can reach $162,851. Repeat violations within 3 years are subject to enhanced penalties. Cal/OSHA also has the authority to issue citations for failure to maintain required written programs (IIPP, Heat Illness Prevention, etc.).
How Penalties Are Calculated
OSHA considers four factors when calculating penalties: (1) Gravity of the violation — how severe is the potential injury and how likely is it to occur? (2) Employer size — smaller employers may receive reduced penalties. (3) Good faith — documented safety programs and efforts can reduce penalties by up to 25%. (4) History — prior violations within 5 years increase penalties. Having a written IIPP and documented training records demonstrates good faith.
Most Cited Standards (Construction)
The top 10 most cited OSHA standards in construction consistently include: 1. Fall Protection (1926.501) — perennial #1. 2. Scaffolding (1926.451). 3. Ladders (1926.1053). 4. Hazard Communication (1910.1200). 5. Fall Protection Training (1926.503). 6. Eye and Face Protection (1926.102). 7. Respiratory Protection (1910.134). 8. Excavations (1926.651). 9. Lockout/Tagout (1910.147). 10. Electrical (1926.405).
Per-Employee Penalties
Training violations are often cited per employee. If OSHA finds 20 employees without required fall protection training, that is 20 separate violations at up to $16,550 each — a potential exposure of $331,000. This is why documented training records matter.
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