In January 2025, OSHA hit one employer with a $4.1 million total penalty, the largest single enforcement action since 2015, built from years of ignoring safety rules.
Knowing the types of OSHA violations and their penalties is the most direct way to protect your business. This guide covers all six categories, the fine amounts as of 2026, and what to do after a citation arrives.
What Are the 6 Types of OSHA Violations?
OSHA classifies violations by severity and intent, running from technical paperwork errors to criminal conduct. OSHA 29 CFR 1903.15 is the standard that is followed for Proposed Penalities. These are adjusted annually for inflation under the Federal Civil Penalties Inflation Adjustment Act.
| Violation Type | Penalty Range | Per Violation or Per Day |
|---|---|---|
| De Minimis | $0 | N/A |
| Other-Than-Serious | $0 to $16,550 | Per violation |
| Serious | Up to $16,550 | Per violation |
| Willful | $11,823 to $165,514 | Per violation |
| Repeat | Up to $165,514 | Per violation |
| Failure to Abate | Up to $16,550 | Per day |
1. De Minimis Violations
A de minimis violation is a technical deviation with zero real safety impact. No fine. No citation. The inspector logs it verbally and moves on.
Classic example: a ladder with rungs 13 inches apart instead of the required 12. De minimis violations never appear on your public OSHA record.
2. Other-Than-Serious Violations
Worker safety is technically at risk here, but the hazard is unlikely to cause serious injury or death. Missing required postings, incomplete recordkeeping, and improper material storage all qualify.
Fines run from $0 to $16,550 per violation. OSHA can cut the penalty by up to 95% based on your size, history, and cooperation.
3. Serious Violations
A serious violation means a hazard exists that could cause death or major injury, and the employer knew about it or reasonably should have.
Top FY 2024 cited standards examples include fall protection gaps, missing respiratory equipment, and unsafe scaffolding.
Penalties follow a Gravity-Based Penalty (GBP) system:
| GBP Level | Gravity | Penalty |
|---|---|---|
| High | Severe injury or death likely | $16,550 |
| Moderate | Serious injury likely | $9,457 to $14,187 |
| Low | Minor injury likely | $7,093 |
Documented safety programs may lower the final number. OSHA still treats these as top enforcement priorities regardless.
4. Willful Violations
Willful violations occur when an employer either knew a rule applied and ignored it, or was aware of a hazardous condition and took no corrective steps.
Fines run from $11,823 to $165,514 per violation. A worker death converts the case into a criminal matter, with fines reaching $250,000 for individuals or $500,000 for corporations, plus up to six months in prison. No good-faith reduction is available.
5. Repeat Violations
Got cited for the same issue within the last five years? That qualifies as a repeat violation, even at a different company location. The OSHA repeat violation 5-year rule applies across all your sites.
Maximum penalty: $165,514 per citation. Fix the problem everywhere, not just where the inspector found it.
6. Failure-to-Abate Violations
Every OSHA citation includes a deadline to correct the hazard. Miss it, and the penalty clock starts at up to $16,550 per day. Costs compound daily: a two-week delay alone can stack $230,000 in additional exposure.
The citation notice must stay posted near the violation site for at least three working days, or until the hazard is corrected, whichever comes later.
How OSHA Calculates the Final Penalty
Violation type sets the ceiling. Four factors shape the final number:
- Gravity (severity x probability of harm): the primary driver, feeds the GBP table above
- Employer size: smaller businesses may qualify for reductions
- Good faith: active safety programs can cut up to 25% off
- Violation history: clean record helps; prior citations push it higher
A 15% quick-fix reduction applies when a hazard is corrected on-site during the inspection, not available for willful violations. Repeat or high-hazard offenders may also be placed in OSHA's Severe Violator Enforcement Program (SVEP), triggering mandatory follow-up inspections.
What Happens After an OSHA Citation
Citations arrive by certified mail within six months of the violation. Post it near the incident site. From receipt, you have 15 working days to respond:
- Pay and comply by the abatement date
- Request an informal conference to negotiate penalty, timeline, or abatement method
- File a formal written contest to dispute the violation, penalty, or deadline
All citations are permanent public record on OSHA's website. The next inspector will already know your history.
Key Takeaway
When asking what are the types of OSHA violations, most employers are really asking how to avoid them. Three habits make the biggest difference:
Audit before OSHA does. Walk the site like a compliance officer. Fix hazards on your own timeline. Fix fast when something is found. Correcting a hazard on-site during an inspection earns a 15% penalty reduction. Roll fixes out company-wide. Repeat violations do not need to originate at the same site to count against you.
The six types of OSHA violations run a clear spectrum from a minor measurement error to criminal negligence. Knowing what each one costs is the first step to making sure your business never finds out the hard way.
Frequently Asked Questions
What is the most serious type of OSHA violation?
Willful violations carry the highest penalties, up to $165,514 per violation. With a worker fatality, they can escalate to criminal charges with fines up to $500,000 for corporations.
Can OSHA fine employees directly?
No. Fines go to employers only. Federal law puts the responsibility for a hazard-free workplace on the employer, not individual workers.
How long do OSHA violations stay on record?
Citations are permanently public on OSHA's website. For the OSHA repeat violation 5-year rule, only citations from the past five years trigger repeat classification.
What is the difference between an OSHA citation and a violation?
A violation is the safety breach. A citation is the formal notice OSHA issues after confirming it, with the proposed penalty and abatement deadline included.
