OSHA penalties normally increase annually on January 15 of each year to account for inflation. These adjustments are designed to ensure that penalties remain aligned with the Consumer Price Index (“CPI”). Currently, the maximum penalties for serious, and other-than-serious posting requirements is $16,550 per violation; $16,550 per day for failure to abate violations; and $165,514 for willful or repeat classifications. The amounts did not increase in 2026 primarily due to the lapse in appropriations in early October 2025 which disrupted BLS operations and prevented the collection and publication of the required CPI data.
OSHA has the authority to propose the appropriate penalty during the inspection. The amount proposed, however, merely becomes advisory when an employer timely contests the matter. Ultimately, it is the province of the Occupational Safety and Health Review Commission (“Commission”) to assess all civil penalties which it determines de novo. The Act requires that due consideration be given the employer’s size, the gravity of the violation, the good faith of the employer, and any prior history of violations. The penalty factors are not necessarily accorded equal weight. It is the purview of the Commission to assign the weight that is reasonable under the circumstances. The Secretary of Labor has the burden to introduce evidence bearing on the factors and explain how he arrived at the penalty proposed. Gravity is typically the most important factor in determining an appropriate penalty and turns on the number of employees exposed, the duration of the exposure, the precautions taken against the injury and the likelihood that an injury would occur (commonly referred to as a gravity-based assessment).
Virtually every contested citation will challenge the penalty amount, among other things. Employers can review these factors in helping to make an informed decision whether contesting citations strictly for a reduction in penalty makes sense.