Citations and Penalties
OSHA cites employers, not employees: It's important to know that the OSHA Act does not provide for the issuance of citations or the proposal of penalties against employees. Employees are responsible for compliance with employer safety rules. Employers are responsible for compliance with OSHA standards.
The penalties OSHA assesses are based on the type of violation. In settling a penalty, OSHA has a policy of reducing penalties for small employers and those acting in good faith.
For serious violations, OSHA may also reduce the proposed penalty based on the gravity of the alleged violation.
Below are the penalty amounts for 2024:
| Type of Violation | Penalty Minimum | Penalty Maximum |
|---|---|---|
| Serious | $1,190** per violation | $16,131 per violation |
| Other-Than-Serious | $0 per violation | $16,131 per violation |
| Willful or Repeated | $11,524* per violation | $161,323 per violation |
| Posting Requirements | $0 per violation | $16,131 per violation |
| Failure to Abate | N/A | $16,131 per day unabated beyond the abatement date [generally limited to 30 days maximum] |
| *For a repeated other-than-serious violation that otherwise would have no initial penalty, a Gravity Based Penalty (GBP) penalty of $460 shall be proposed for the first repeated violation, $1,152 for the second repeated violation, and $2,304 for a third repetition. | ||
| **This amount reflects the actual minimum penalty with all penalty reductions which rectifies error in the previous years' serious minimum penalty posted. | ||
Below is an example of the results of violations and proposed penalties cited in a recent OSHA inspection.
An employee suffered a permanent injury (amputation) because the company knowingly ignored safety measures to prevent this very type of accident. A partial list of the cited violations and proposed penalties (6 of 19) are listed below.
- Serious 29 CFR 1910.22(a)(3): The employer did not ensure that walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice. Proposed Penalty: $11,162.00.
- Serious 29 CFR 1910.22c): The employer did not provide, and ensure each employee uses, a safe means of access and egress to and from walking-working surfaces. Proposed Penalty: $13,394.00.
- Serious 29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section. Proposed Penalty: $15,625.00.
- Serious 29 CPR 1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed. Proposed Penalty: $11,162.00.
- Serious 29 CFR 1910.178(1)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation. Proposed Penalty: $13,394.00.
- Willful 1910.303(g)(2)(i)(A) The employer failed guard workers from live parts of electrical equipment operating at 50 volts or more against accidental contact by location in a room, vault, or similar enclosure that is accessible only to qualified persons. Proposed Penalty: $156,259.00.
For more information on memos and other important enforcement topics see the OSHA Enforcement Memos website.
Knowledge Check Choose the best answer for the question.
4-5. The OSHA Act does NOT provide for the issuance of citations or the proposal of penalties against _____.
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