Not legal advice. Federal OSHA penalty amounts and policies as published by OSHA for 2026. States that run their own OSHA plans, like California, Washington, and Michigan, set their own penalty schedules, which must be at least as effective as federal OSHA’s.
Quick answer
OSHA’s maximum penalties didn’t increase for 2026. The annual inflation adjustment couldn’t be calculated because the October 2025 government shutdown stopped BLS from publishing the inflation data the law requires, so the 2025 amounts stay in effect.
- Serious: $1,085 minimum, up to $16,550 per violation.
- Willful: $11,823 minimum, up to $165,514 per violation.
- Repeat: $4,256 minimum, up to $165,514.
- Failure to abate: up to $16,550 per day past the abatement date.
- Bigger breaks for small shops since July 14, 2025: the maximum size reduction now covers employers with up to 25 employees, and the history reduction doubled to 20%.
On this page
The headline OSHA numbers, $16,550 and $165,514, scare owners, and they should take them seriously. But few small trade shops actually pay the maximum on a first serious citation. The real number depends on how OSHA rates the hazard, how big you are, your history, and what you do after the inspector leaves. Here’s how the 2026 math actually works.
2026 penalty amounts
| Violation type | Minimum | Maximum |
|---|---|---|
| Serious | $1,085 | $16,550 per violation |
| Other-than-serious | $0 | $16,550 per violation |
| Posting requirements | $0 | $16,550 per violation |
| Failure to abate | — | $16,550 per day past the abatement date (generally up to 30 days) |
| Repeat | $4,256 | $165,514 per violation |
| Willful | $11,823 | $165,514 per violation |
Source: OSHA memorandum on 2026 annual adjustments to civil penalties, May 21, 2026. Minimums reflect the Field Operations Manual Chapter 6 revisions effective July 14, 2025.
For repeated other-than-serious violations that wouldn’t otherwise carry a penalty, OSHA proposes $472 for the first repeat, $1,182 for the second, and $2,364 for the third.
Why there’s no increase for 2026
Federal law requires agencies to adjust civil penalties for inflation every January using the October consumer price index. A funding lapse in fall 2025 kept the Bureau of Labor Statistics from producing the October 2025 CPI-U figure, and no alternative calculation is allowed. So OSHA’s 2026 maximums equal 2025’s. Expect the adjustment to resume in 2027.
How OSHA calculates a penalty
A proposed penalty is built in two steps:
Gravity-based penalty
The compliance officer rates the severity of the injury the hazard could cause and the probability it would happen. A high-severity, high-probability serious violation starts at or near the $16,550 maximum. Lower ratings start lower.
Adjustments
The gravity-based penalty is then reduced for employer size, history, and good faith, and some employers get a quick-fix reduction for correcting a hazard on the spot. The result can’t go below the minimum for a serious violation.
The 2025 reductions for small businesses
OSHA revised Chapter 6 of its Field Operations Manual effective July 14, 2025, making penalties meaningfully lower for small employers:
| Change | Before July 14, 2025 | After |
|---|---|---|
| Maximum size reduction | Employers with 1–10 employees | Employers with 1–25 employees |
| Reduction for 11–25 employees | 60% | 70% |
| History reduction | Up to 10% | Up to 20% (applies to employers of all sizes) |
| 80% reduction for serious violations classified as willful | 10 or fewer employees | 20 or fewer employees |
Source: OSHA’s May 21, 2026 penalty memo. Employers with more than 25 employees get smaller size reductions, and those with more than 250 get none.
Most HVAC, plumbing, electrical, and other trade shops have 25 or fewer employees, so most now qualify for the biggest size reduction.
Good faith rewards a working safety and health program: written programs, training records, and evidence you actually follow them. It’s the reduction you control most.
Example: one ladder citation
Illustration only, to show how reductions stack. A 12-employee electrical contractor is cited for a serious ladder violation. Suppose OSHA rates it at the maximum gravity of $16,550, the company has no serious, willful, or repeat citations in the past five years, and it has a documented safety program that earns some good-faith credit.
| Step | Effect |
|---|---|
| Gravity-based penalty | $16,550 |
| Size reduction (12 employees) | 70% |
| History reduction | Up to 20% |
| Good faith reduction | Depends on the program |
| Result | Several thousand dollars instead of $16,550, and never below the $1,085 serious minimum |
OSHA adds the reduction percentages together and applies them to the gravity-based penalty. At 70% plus 20%, a $16,550 penalty drops to about $1,655, close to the minimum. The exact result depends on the gravity rating and how OSHA applies good faith. The point stands: for a small shop with a clean record, the size and history reductions do most of the work.
Willful and repeat: where reductions stop
- Repeat: a substantially similar violation within five years of a prior final citation. Repeat penalties are multiplied, and a shop that “already paid” for fall protection two years ago can face several times the first penalty.
- Willful: intentional disregard of a requirement, or plain indifference to employee safety. Minimum $11,823 per violation, and reductions are limited.
- Per-instance citations: in egregious cases, OSHA can cite each exposed employee or each instance separately, multiplying the total.
- Fatalities: a willful violation that causes a death can also lead to criminal prosecution.
What trade shops get cited for
OSHA’s most-cited standards year after year are dominated by construction and service-trade hazards: fall protection, ladders, scaffolding, hazard communication, lockout/tagout, respiratory protection, fall protection training, and eye and face protection. For a trade shop, the highest-risk scenarios:
- Roof and attic work: HVAC condensers on roofs, attic installs with no fall protection, roofers on steep pitches.
- Ladders: wrong ladder for the job, damaged ladders, not extending 3 feet above the landing.
- Trenching: sewer and water line work over 5 feet deep without a protective system.
- Lockout/tagout: working on equipment that can energize.
- Hazard communication: chemicals, refrigerants, and cleaners without safety data sheets and training.
See OSHA’s top 10 violations for the full list.
If you get a citation
| Option | Deadline | What it does |
|---|---|---|
| Informal conference | Within the 15 working days, before the contest deadline | Meet with the Area Director to discuss facts, classification, abatement, and penalty. Often results in an informal settlement with reduced penalties in exchange for abatement commitments. |
| Notice of contest | 15 working days from receipt | Contest the citation, penalty, or abatement date before the independent Occupational Safety and Health Review Commission |
| Accept and abate | By the abatement date | Fix the hazard and certify abatement in writing; pay the penalty |
Miss the 15-working-day window and the citation and penalty become final. Whatever you do, abate on time: failure-to-abate penalties run per day, and a final citation becomes the basis for a future repeat citation.
State plans
About half the states run their own OSHA-approved plans, including California, Washington, Oregon, Michigan, Minnesota, North Carolina, Virginia, and others. They set their own penalties and rules, which must be at least as effective as federal OSHA’s, and can be stricter. Cal/OSHA, for example, has its own penalty schedule and standards that go beyond federal ones, including heat illness prevention. Check your state plan’s amounts if you work in one.
Checklist
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