Last updated 2026-07-09
TL;DR
An OSHA violation is a citation issued when an employer fails to meet a standard under the Occupational Safety and Health Act of 1970. Violations fall into five categories: other-than-serious, serious, willful, repeat, and failure to abate. Penalties run from $0 to $161,323 per violation as of 2025, adjusted every January for inflation.
What are OSHA violations?
An OSHA violation is a formal finding that an employer failed to comply with a specific requirement of the Occupational Safety and Health Act or a standard issued under it. A compliance officer inspects the workplace, finds a condition that breaks the law, and issues a citation. That citation names the exact 29 CFR standard violated, the proposed penalty, and a deadline to correct the problem. [1]
The OSH Act covers most private-sector employers in all 50 states. Federal workers get covered separately through agency programs. State-plan states run their own OSHA programs, but federal OSHA requires those programs to be "at least as effective" as the federal one, so the violation categories and penalty structure mirror federal rules. [2]
OSHA issues citations, not convictions. Most citations leave no criminal record. The exception is a willful violation that causes a worker's death, which can trigger a criminal referral to the Department of Justice and a maximum of 6 months in prison for a first offense under 29 USC 666(e). That rarely happens. The possibility is still real.
What are the five types of OSHA violations?
OSHA recognizes five violation types. The type sets both the penalty range and how seriously OSHA expects you to treat the fix.
Other-than-serious. These conditions relate to job safety but probably won't cause death or serious harm. The maximum is $16,131 per violation, though OSHA often proposes $0 for small employers with a clean history. A missing non-mandatory label or a tripping hazard in a low-traffic corner might land here. [3]
Serious. The most common citation type by far. A serious violation means a substantial probability of death or serious physical harm, and the employer knew or should have known about the hazard. The penalty is mandatory, up to $16,131 per violation. Serious citations make up the large majority of everything OSHA issues in a given year. [3]
Willful. OSHA defines this as a violation where the employer either knew a hazard existed and did nothing, or intentionally disregarded the law. Penalties run from $11,524 to $161,323 per violation as of fiscal year 2025. [3]
Repeat. A repeat violation happens when an employer already got cited for a substantially similar condition within the past five years. The penalty can hit $161,323 per violation. This is the category that blindsides employers, because OSHA judges the similarity across every facility you operate, more than the location of the first citation. [3]
Failure to abate. Miss the correction deadline on a citation and OSHA can issue a failure-to-abate notice at up to $16,131 per day past the deadline. Those add up fast.
What are the most frequently cited OSHA standards?
OSHA publishes its top 10 most frequently cited standards after every fiscal year. The rankings barely move, and that tells you something: the same handful of hazards keep tripping up employers across every industry.
Here are the top 10 for fiscal year 2023: [4]
| Rank | Standard | Topic |
|---|---|---|
| 1 | 29 CFR 1926.501 | Fall protection (construction) |
| 2 | 29 CFR 1910.1200 | Hazard communication |
| 3 | 29 CFR 1926.503 | Fall protection training (construction) |
| 4 | 29 CFR 1910.134 | Respiratory protection |
| 5 | 29 CFR 1926.502 | Fall protection systems (construction) |
| 6 | 29 CFR 1910.147 | Lockout/tagout |
| 7 | 29 CFR 1926.1053 | Ladders (construction) |
| 8 | 29 CFR 1910.178 | Powered industrial trucks (forklifts) |
| 9 | 29 CFR 1910.303 | Electrical wiring methods |
| 10 | 29 CFR 1910.305 | Electrical wiring components |
Fall protection has ranked first every single year since at least 2013. If you run a construction operation and you're not airtight on 29 CFR 1926.501, you are statistically the most likely employer in America to get cited. [4]
Hazard communication (1910.1200) at number two is a reminder that paperwork gets you cited too. Safety data sheets, chemical inventory lists, and training records are quick for a compliance officer to audit. Missing documentation shows up on citations just as often as a missing guardrail.
How much do OSHA fines cost per violation?
OSHA penalty amounts get adjusted every January under the Federal Civil Penalties Inflation Adjustment Act. The figures below apply to penalties assessed after January 15, 2025. [3]
| Violation type | Maximum penalty per violation |
|---|---|
| Other-than-serious | $16,131 |
| Serious | $16,131 |
| Willful (minimum) | $11,524 |
| Willful (maximum) | $161,323 |
| Repeat | $161,323 |
| Failure to abate | $16,131 per day |
Those are the statutory ceilings. The penalty on your actual citation is almost always lower, because OSHA applies adjustment factors. It cuts the base penalty for employer size (up to a 70% reduction for employers with 10 or fewer workers), good-faith effort to comply, inspection history, and how severe the hazard is. [5]
The informal conference is where most employers win reductions. You can request one within 15 working days of getting the citation. OSHA Area Directors have real discretion here and often knock off 15 to 30 percent just for showing up with a corrective action plan. But the informal conference is not the place to argue the violation never happened. It's for penalty reduction and abatement scheduling.
For factual disputes, you file a Notice of Contest with the OSHA Area Director within the same 15-working-day window. That kicks the case to the Occupational Safety and Health Review Commission, an independent federal agency separate from OSHA. Miss the 15-working-day deadline and the citation becomes a final order by operation of law, no matter how wrong it was.
How does OSHA decide who to inspect?
OSHA ranks inspections from highest priority to lowest: imminent danger situations, severe injuries and fatalities (employers must report a fatality within 8 hours and any inpatient hospitalization, amputation, or eye loss within 24 hours), employee complaints, referrals from other agencies, and planned inspections targeting high-hazard industries. [6]
Planned inspections under national and local emphasis programs need no triggering event. If your NAICS code puts you in a targeted industry (warehousing, roofing, logging, residential construction, and others), your facility can land on a programmed inspection list without a single complaint or incident. OSHA lists its active National Emphasis Programs on OSHA.gov.
Plenty of small business owners assume that having fewer than 10 employees keeps OSHA away. It doesn't. Complaint-driven inspections happen at any size. One call from a current worker, a former worker, or an anonymous tipster can bring an inspector to your door.
What happens during an OSHA inspection?
An OSHA inspection runs in three phases: an opening conference, a walkaround, and a closing conference. The whole thing can take an hour or several days depending on the hazard and the size of the site.
The opening conference is where the compliance officer shows credentials and explains why they're there. You have the right to require a warrant if OSHA lacks consent to enter, but most employers let inspectors in without one. Demanding a warrant can delay the visit, doesn't prevent it, and sometimes raises the officer's scrutiny.
The walkaround is the physical inspection. An employer representative and a worker representative (where one exists) both have the right to go along. Take detailed notes. Photograph everything the officer photographs. Ask the officer which standard they think applies to anything they document.
The closing conference is where the officer walks you through their findings informally. You won't get a formal citation that day. Citations usually arrive within 6 months of the inspection. [1]
A few practical points. Don't voluntarily hand over documents you aren't required to provide. Answer questions about facts you know firsthand, but don't guess about conditions at other sites or incidents you didn't witness. This isn't about stonewalling. It's about accuracy, because your words end up in the file.
Can you search for OSHA violations by company?
Yes. OSHA publishes its inspection and citation data through the free Establishment Search tool on OSHA.gov. An OSHA violation search lets you look up any company by name, city, state, or industry code. You can see every inspection going back to 1972, the citations issued, the standards cited, and the final penalties after any reductions. [7]
The database earns its keep in a few ways. If you're a new safety manager, searching your own company's history should be one of your first moves. You'll see which standards OSHA has flagged before, and that tells you where the real exposure sits. A repeat violation costs up to ten times a serious one, so knowing your prior citation history matters before an inspector shows up.
Contractors vetting subcontractors, insurance underwriters, and workers all use this tool. The data has been public for years. Assume anyone can read your history, because they can.
What is the general duty clause and how does it create violations?
Section 5(a)(1) of the OSH Act says every employer must furnish "employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." [8] That's the general duty clause, and it lets OSHA cite you for a hazard even when no specific 29 CFR standard covers it.
Heat illness is the clearest current example. There's no federal OSHA standard for heat yet, but OSHA routinely cites employers under the general duty clause for exposing outdoor workers to excessive heat without enough water, rest, and shade. OSHA published a Notice of Proposed Rulemaking for a federal heat standard in 2024. Until a final rule exists, the general duty clause citations keep coming. [9]
To make a general duty clause citation stick, OSHA must prove four things: the employer failed to keep the workplace free of a hazard, the hazard was recognized (by the employer, the industry, or common knowledge), the hazard was causing or likely to cause death or serious physical harm, and a feasible method existed to materially reduce it. That fourth element is the one employers most often beat.
How do you fix OSHA violations and avoid repeat citations?
Abatement is the formal term for correcting a cited hazard, and the citation gives you the deadline. For serious violations it usually runs somewhere between one day and 30 days depending on the hazard. You can ask for an extension in writing if the fix genuinely needs more time and you're making a real effort. OSHA generally grants reasonable requests.
After you abate, you send OSHA written certification that the hazard is corrected. For some violations OSHA also wants abatement documentation: photos, training records, or purchase receipts showing what you did. [5]
Avoiding repeat violations takes more than fixing the one hazard. You have to fix the system that let it happen. If OSHA cited you for missing fall protection on a roof, patching that one roof doesn't end your exposure. It means auditing every site where your crews work above six feet. A company-wide written safety program with a documented inspection schedule is the strongest good-faith evidence you can put in front of an Area Director.
If your written program doesn't exist yet, or exists only as a stack of PDFs nobody on your crew has ever opened, tools like SafetyFolio's safety program generator can build a site-specific program in roughly 15 minutes. That beats any generic template.
For OSHA training tied to specific standards, the citation itself tells you which standard broke and whether training was part of the gap. Most serious training violations are quick to correct once you have a plan and you document it.
How does employer size affect OSHA penalties?
OSHA's penalty structure openly favors small employers. The size adjustment applies to the base penalty before any other factor. [5]
| Number of workers | Maximum size reduction |
|---|---|
| 1 to 10 | 70% |
| 11 to 25 | 60% |
| 26 to 100 | 30% |
| 101 to 250 | 10% |
| 251 or more | 0% |
Take a 10-person employer with a serious violation at the $16,131 ceiling. After the 70% size cut, the starting point drops to about $4,839 before OSHA even applies the good-faith and history factors. Small employers still pay something. But the eye-popping maximums in the headlines are rarely what a small business actually writes a check for.
Willful violations get treated differently. OSHA policy generally limits size reductions on willful violations, and the $11,524 minimum can apply no matter how few workers you have. That makes the willful category the single biggest financial risk for a small employer who understands the rules and skips them anyway.
Do state-plan states have different OSHA violation rules?
Twenty-two states and two territories run their own OSHA-approved programs covering both private and public sector workers. Six more states cover only public employees. Federal OSHA has no jurisdiction in state-plan states for the sectors those plans cover. [2]
State plans must be "at least as effective" as federal OSHA, and they're free to go further. California (Cal/OSHA), Washington (L&I), and Oregon (OR-OSHA) routinely issue standards tougher than federal ones. California has a heat illness prevention standard (8 CCR 3395) that covers both outdoor and indoor work, stricter than anything federal OSHA can currently enforce. [10]
Penalty amounts vary by state. Some states set penalties below the federal maximums; others match or exceed them. If you operate in a state-plan state, check the state program's own website rather than federal OSHA.gov for the standards and penalty figures that actually apply to you.
For a fuller picture of what OSHA stands for and how federal and state jurisdiction split, sorting out whether you're in a state-plan or federal state is step one.
What is an egregious or instance-by-instance citation?
In willful cases, OSHA can issue what it calls instance-by-instance citations, sometimes called egregious citations. Instead of one citation for a whole class of hazards, OSHA writes a separate citation for each individual instance. If 12 workers were each exposed to an unguarded machine, that's 12 separate willful citations, each up to $161,323. The total in that scenario could pass $1.9 million. [3]
OSHA saves this approach for the worst situations: violations that could turn fatal or catastrophic, a history of repeated or persistent noncompliance, intentional deception by the employer, or a large number of exposed workers. It doesn't surface in routine inspections. But it happens, and the seven-figure fines you see in OSHA press releases almost always come from instance-by-instance citations of willful violations.
For most small businesses this isn't the near-term worry. The near-term worry is the routine serious citation. It costs less, but it still creates a public record in the OSHA database and becomes the foundation for a repeat violation down the road.
How do you contest an OSHA citation?
You have 15 working days from the date you receive a citation to file a Notice of Contest. The clock starts when you actually receive it, not when OSHA mailed it. File it in writing with the OSHA Area Director. [1]
Contesting sends the case to the Occupational Safety and Health Review Commission (OSHRC), an independent federal agency. An OSHRC Administrative Law Judge hears the case first, with appeals possible to the full Commission and then to a federal Circuit Court of Appeals. [12]
Contesting makes sense when the citation names the wrong standard, the cited condition didn't exist or wasn't actually a hazard, the required abatement method is infeasible, or the classification overstates the severity. It rarely makes sense when the condition clearly existed and clearly broke a specific standard. For those, the informal conference before the 15-day clock runs out is the smarter route.
Managers with OSHA 30 training see this process covered in the General Industry and Construction outreach curricula. Knowing the contest process doesn't mean you should reach for it every time. The point is fixing the hazard, not winning a procedural fight.
Frequently asked questions
What are OSHA violations?
OSHA violations are formal citations issued to employers who fail to comply with a standard under the Occupational Safety and Health Act of 1970 or the general duty clause. They come in five types: other-than-serious, serious, willful, repeat, and failure to abate. Each type carries a different penalty range and signals a different level of employer culpability. The citation names the specific standard, the penalty amount, and the abatement deadline.
How much is the maximum OSHA fine in 2025?
The maximum OSHA penalty for a willful or repeat violation is $161,323 per violation as of January 2025. Serious and other-than-serious violations cap at $16,131 per violation. Failure-to-abate penalties run up to $16,131 per day past the correction deadline. All figures are adjusted every January for inflation under the Federal Civil Penalties Inflation Adjustment Act.
What is the most common OSHA violation?
Fall protection under 29 CFR 1926.501 has been the most frequently cited OSHA standard every year since at least 2013. Hazard communication (1910.1200) consistently ranks second. Both are common in small construction and general industry businesses. OSHA publishes its top 10 list after each fiscal year ends.
How long does an employer have to fix an OSHA violation?
The abatement deadline is written right on the citation. It ranges from one day for imminent dangers to 30 days or more for serious violations that need equipment changes or training. Employers can request an extension in writing before the deadline passes. OSHA generally grants extensions when the employer is making a documented, good-faith effort to correct the hazard.
Can OSHA violations be removed from public record?
No. Once a citation becomes a final order, either because you paid it or the contest period expired, it stays in OSHA's public inspection database. You can see all inspections and citations through the Establishment Search tool on OSHA.gov. Getting a citation withdrawn during the contest process does remove it, but that requires successfully contesting the citation, more than paying it.
What is a willful OSHA violation?
A willful violation means the employer either knew the hazard existed and did nothing, or intentionally disregarded the law. It carries a minimum penalty of $11,524 and a maximum of $161,323 per instance. If a willful violation causes a worker's death, it can also trigger a criminal referral to the Department of Justice under 29 USC 666(e).
What triggers an OSHA inspection for a small business?
OSHA prioritizes inspections in this order: imminent danger reports, fatalities and severe injuries, employee complaints, referrals from other agencies, and programmed inspections targeting high-hazard industries by NAICS code. Small employers are exempt from none of these. A single anonymous complaint from a worker is enough to trigger an inspection at any size business.
How do you look up OSHA violations for a company?
Use OSHA's free Establishment Search tool on OSHA.gov. Search by company name, city, state, or industry code. Results show every inspection since 1972, the citations issued, the standards cited, and the final penalties paid. This OSHA violation search is public data, so anyone, including workers, insurers, and clients, can see a company's full enforcement history.
What is the general duty clause in OSHA?
Section 5(a)(1) of the OSH Act requires employers to keep workplaces free from recognized hazards likely to cause death or serious harm, even when no specific standard covers that hazard. OSHA uses the general duty clause to cite heat illness, workplace violence, and other emerging hazards. To sustain such a citation, OSHA must also show that a feasible corrective method exists.
What is a repeat OSHA violation?
A repeat violation happens when an employer gets cited for a condition substantially similar to one cited within the past five years at any of its facilities. The maximum penalty is $161,323 per violation. The five-year window runs from the final order date of the first citation, not the inspection date. Repeat citations are especially dangerous for multi-site employers.
Can you negotiate an OSHA penalty?
Yes. Request an informal conference with the OSHA Area Director within 15 working days of receiving the citation. Penalties get reduced routinely for small employers, documented good faith, and a willingness to abate quickly. Area Directors have discretion to cut penalties and sometimes reclassify violation types. If facts are disputed, you must file a Notice of Contest within the same 15-working-day window.
Are OSHA violations public record?
Yes. All OSHA inspections and citations sit in the public enforcement database, searchable through the Establishment Search tool on OSHA.gov. The data includes company name, address, inspection date, standards cited, violation type, initial penalty, and final penalty after reductions. This data has been public for decades and gets accessed regularly by insurers, attorneys, and workers.
What written programs does OSHA require to avoid violations?
Many OSHA standards require a written program, including hazard communication (1910.1200), lockout/tagout (1910.147), respiratory protection (1910.134), and bloodborne pathogens (1910.1030). Missing written programs are among the easiest violations for a compliance officer to document. Having current, site-specific written programs is also strong evidence of good faith during penalty negotiations.
How do state-plan states handle OSHA violations differently?
State-plan states run their own OSHA programs and can set stricter standards than federal OSHA. California, Washington, and Oregon all have requirements that exceed federal minimums in several areas. Penalty amounts and violation categories vary by state. If you operate in a state-plan state, check your state's program website directly, because federal OSHA.gov does not govern your inspections or penalties.
Sources
- OSHA.gov, State Plans page: 22 states and 2 territories operate OSHA-approved state plans; state plans must be at least as effective as federal OSHA.
- OSHA.gov, Penalties page: 2025 penalty amounts: serious and other-than-serious $16,131 maximum; willful $11,524 minimum to $161,323 maximum; repeat $161,323 maximum; failure to abate $16,131 per day.
- OSHA.gov, Top 10 Most Frequently Cited Standards FY2023: Fall protection (29 CFR 1926.501) ranked first in FY2023; hazard communication (1910.1200) ranked second.
- OSHA Instruction CPL 02-00-149, Settlement Policy and Penalty Adjustment Factors: OSHA applies size reductions of up to 70% for employers with 10 or fewer workers; abatement certification is required after serious violations are corrected.
- OSHA.gov, Enforcement and Inspection Priorities: OSHA inspection priority order: imminent danger, severe injury/fatality, employee complaint, referral, programmed inspections. Fatalities must be reported within 8 hours; certain hospitalizations, amputations, or eye losses within 24 hours.
- OSHA Establishment Search tool, OSHA.gov: OSHA makes all inspection and citation data publicly searchable by company name, city, state, or industry code.
- Occupational Safety and Health Act of 1970, Section 5(a)(1), 29 USC 654: The general duty clause requires employers to provide employment free from recognized hazards that are causing or likely to cause death or serious physical harm.
- OSHA.gov, Heat Injury and Illness Prevention (Proposed Rule, NPRM 2024): OSHA published a Notice of Proposed Rulemaking for a federal heat standard in 2024; in the absence of a final rule, OSHA cites heat hazards under the general duty clause.
- California Department of Industrial Relations, Cal/OSHA (Heat Illness Prevention Standard 8 CCR 3395): California's heat illness prevention standard (8 CCR 3395) applies to both outdoor and indoor workplaces and is stricter than current federal OSHA requirements.
- Occupational Safety and Health Review Commission (OSHRC): OSHRC is an independent federal agency that adjudicates contested OSHA citations; cases are heard first by an Administrative Law Judge.