OSHA Violation Types & Penalties: 2025 Guide

OSHA Violation Overview

The Occupational Safety and Health Act of 1970 (29 U.S.C. 666) establishes six categories of workplace safety violations, each with different penalty structures. OSHA adjusts penalty amounts annually for inflation under the Federal Civil Penalties Inflation Adjustment Act. The following penalty amounts became effective January 15, 2025.

Understanding OSHA violation types is critical for two reasons: (1) knowing your own compliance obligations, and (2) assessing risk when vetting subcontractors. A pattern of serious or willful violations indicates systemic safety problems that could expose your project to liability under the controlling employer doctrine.

2025 Penalty Quick Reference

Here are the current OSHA penalty maximums as of January 15, 2025. These amounts represent a 2.6% increase over 2024 levels.

Willful Violations

A willful violation exists when the employer intentionally and knowingly commits the violation, or commits the violation with plain indifference to the law. Under 29 U.S.C. 666(a), willful violations carry the highest penalties in OSHA's enforcement arsenal.

OSHA classifies a violation as willful when the employer demonstrates one of two mental states:

• Purposeful disregard: The employer knew the legal requirement and intentionally chose not to comply
• Plain indifference: The employer was aware of hazardous conditions but took no reasonable steps to address them

Examples of Willful Violations in Construction

• Removing safety guards from machinery despite knowing the OSHA requirement
• Failing to provide fall protection after being previously cited for the same hazard
• Knowingly exposing workers to hazardous substances without required PPE
• Ignoring written safety complaints from employees
• Disabling safety interlocks to speed up production

Criminal Liability

A willful violation that results in employee death may trigger criminal prosecution under 29 U.S.C. 666(e). Penalties for criminal violations include:

• First offense: Fines up to $250,000 for individuals ($500,000 for organizations) and up to 6 months imprisonment
• Subsequent offenses: Fines doubled and up to 12 months imprisonment

Important: No good faith reductions are available for willful violations. OSHA will not reduce penalties based on the employer's safety program or cooperation.

Serious Violations

Under 29 U.S.C. 666(b) and (k), a serious violation exists when a workplace hazard could cause death or serious physical harm, and the employer knew or should have known about the hazard.

Gravity-Based Penalty System

OSHA uses a Gravity-Based Penalty (GBP) system for serious violations. The base penalty depends on the severity of the potential injury and the probability of occurrence:

• High Gravity: $16,550 (death or permanent disability likely)
• Moderate Gravity: $9,457 to $14,187 (hospitalization likely)
• Low Gravity: $7,093 (less severe injury likely)

OSHA's Focus Four: Most Common Construction Violations

The "Fatal Four" hazards account for more than half of construction worker deaths each year. Serious violations in these areas are heavily enforced:

1. Falls: Fall protection failures (guardrails, safety nets, personal fall arrest systems)
2. Struck-by: Falling objects, moving equipment, vehicles
3. Caught-in/between: Excavation/trenching without protective systems, unguarded machinery
4. Electrocution: Exposed wiring, improper grounding, contact with power lines

Other common serious violations in construction include:

• Scaffolding hazards (missing guardrails, improper construction)
• Ladder safety violations (improper setup, damaged equipment)
• Hazard communication failures (unlabeled chemicals, missing SDS)
• Respiratory protection violations

Repeat Violations

A repeat violation occurs when the employer has been cited for a substantially similar violation within the past five years. The previous citation must be final (not under contest) to serve as the basis for a repeat violation.

What Makes a Violation "Substantially Similar"

OSHA considers violations substantially similar when they involve:

• The same OSHA standard or regulation
• Similar hazards and conditions
• Similar equipment or processes

The violation does not need to be identical - only substantially similar. A fall protection violation on one project can be the basis for a repeat citation on a different project, even with different specific circumstances.

Why Repeat Violations Matter for Vetting

Repeat violations are a critical red flag when vetting subcontractors. They demonstrate that the employer:

• Has not corrected systemic safety problems
• Failed to learn from previous citations
• May have inadequate safety management systems
• Could expose your project to liability

Other-than-Serious Violations

Under 29 U.S.C. 666(c), other-than-serious violations involve hazards that have a direct relationship to safety and health but would not likely cause death or serious physical harm.

Common examples of other-than-serious violations:

• Recordkeeping violations: OSHA 300 log errors, missing 301 forms
• Posting requirement violations: Failure to display the OSHA poster or annual injury summary
• Minor housekeeping issues: Cluttered walkways, improper storage
• Administrative violations: Missing written programs, incomplete training documentation

While penalties for other-than-serious violations can reach $16,550, actual assessed penalties are typically much lower, especially for first-time violations by small employers.

Failure to Abate

A failure to abate occurs when an employer does not correct a previously cited violation by the abatement deadline. This is separate from repeat violations - failure to abate means the original hazard was never corrected.

How Penalties Accumulate

Failure to abate penalties can add up quickly. If a serious violation is not corrected within the required timeframe, the employer faces both:

• The original penalty from the initial citation
• Up to $16,550 for each day the hazard remains unabated

Example: A serious violation with a 30-day abatement period remains uncorrected for 60 days beyond the deadline. The employer could face:

• Original penalty: up to $16,550
• Failure to abate: 60 days x $16,550 = up to $993,000
• Total potential exposure: over $1 million

De Minimis Violations

De minimis violations are technical violations of OSHA standards that have no direct or immediate relationship to safety or health. These violations do not result in citations or penalties, but OSHA documents them during inspections.

Examples of de minimis conditions:

• Minor dimensional deviations that do not affect safety (e.g., guardrail 41 inches instead of required 42 inches)
• Use of equivalent or better protective measures than specified in the standard
• Technical documentation formatting issues

While de minimis violations do not carry penalties, repeated de minimis conditions may indicate broader compliance issues that could escalate to citable violations.

Penalty Reduction Strategies

OSHA provides several opportunities to reduce penalty amounts. As of July 14, 2025, OSHA updated its Field Operations Manual with expanded penalty reduction policies to support small businesses with clean safety records.

Size-Based Reductions (Expanded July 2025)

Small employers receive automatic penalty reductions based on company size. The July 2025 update expanded eligibility:

• 1-25 employees: 70% reduction (expanded from 10 employees)
• 26-100 employees: 30% reduction
• 101-250 employees: 10% reduction
• 251+ employees: No size-based reduction

Good Faith Reduction: Up to 25%

Employers demonstrating genuine efforts to maintain workplace safety may receive up to 25% penalty reduction. OSHA considers:

• Documented safety training programs
• Written safety and health programs
• Regular safety meetings and toolbox talks
• Equipment maintenance records
• Investment in new safety equipment

Note: Good faith reductions are not available for willful violations.

History Reduction: 20% (New July 2025)

Employers with clean inspection histories are eligible for a 20% reduction if they:

• Have never been inspected by federal OSHA or a State Plan, OR
• Have been inspected in the past 5 years with no serious, willful, or failure-to-abate violations

Quick-Fix Reduction: 15% (New July 2025)

A 15% "Quick-Fix" reduction applies to employers who immediately take steps to correct hazards during or immediately after the inspection. This incentivizes rapid abatement.

Important Limitations

Penalty reductions are not automatic. The OSHA Area Director may deny reductions if doing so would not support OSHA's goal of deterring violations and promoting safety culture. Reductions typically do not apply to:

• Willful violations
• Fatality or catastrophe cases
• Egregious violations

Cal/OSHA Differences

California operates its own State Plan under Cal/OSHA (Division of Occupational Safety and Health). While penalty amounts are largely aligned with federal OSHA, there are important differences California contractors must understand.

2025 Cal/OSHA Penalty Amounts

As of January 1, 2025, Cal/OSHA maximum penalties for general and regulatory violations are $16,285 (compared to federal OSHA's $16,550). The 2025 inflation adjustment was approximately 2.6% based on the October Consumer Price Index.

Key Differences from Federal OSHA

• Coverage: Cal/OSHA covers all private and public sector employers in California, including state and local government workers not covered by federal OSHA
• Jurisdiction: Cal/OSHA has exclusive jurisdiction over all worksites in California; federal OSHA does not conduct inspections in the state
• Additional requirements: Cal/OSHA enforces California-specific standards including heat illness prevention, indoor heat regulations, and workplace violence prevention
• Injury and Illness Prevention Program (IIPP): California requires all employers to have a written IIPP - there is no equivalent federal requirement

Resources

• OSHA Penalties Page
• OSHA Field Operations Manual - Chapter 6 (Penalties)
• Cal/OSHA 2025 Penalty Increases
• California Contractor FAQ

What This Means for Subcontractor Vetting

When evaluating subcontractors for your projects, OSHA violation history provides critical insight into their safety culture and risk profile. Here's how to interpret what you find.

Red Flags to Watch For

GC Liability Under the Controlling Employer Doctrine

Remember: as a GC, you can be cited for your subcontractor's OSHA violations under the controlling employer doctrine. Thorough vetting of subcontractor safety records is not just good practice - it's essential risk management.

Impact on Experience Modification Rate (EMR)

Beyond immediate penalties, OSHA violations can significantly impact your Experience Modification Rate (EMR) — the multiplier that determines workers' compensation insurance premiums. Serious injuries from OSHA-cited hazards flow into your workers' comp claims history, which affects your EMR for up to three years.

A contractor with an EMR above 1.0 pays higher premiums and may be disqualified from many commercial and public projects that require an EMR below 1.0. This long-tail financial impact often exceeds the original OSHA penalty.

Where to Check OSHA Records

You can search OSHA inspection and violation history through the OSHA Establishment Search. For a comprehensive check that includes OSHA along with SAM.gov, DOL, and EPA records, use SiteVetter's subcontractor vetting reports.

Frequently Asked Questions