John Ho | Cozen O’Connor
OSHA penalties normally increase annually on January 15 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 are $16,550 per violation, $16,550 per day for failure to abate violations; and $165,514 for willful or repeat violations. The amounts did not increase in 2026, primarily due to a lapse in appropriations in early October 2025, which disrupted Bureau of Labor Statistics (BLS) operations and prevented the collection and publication of the required CPI data.
OSHA has the authority to propose an appropriate penalty during an inspection. The amount proposed, however, 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 to 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 regarding the factors and explain how the proposed penalty was determined. Gravity is typically the most important factor in determining an appropriate penalty, and depends on the number of employees exposed, the duration of exposure, the precautions taken against injury, and the likelihood of injury (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 to make an informed decision about whether contesting citations solely to reduce penalties makes sense.
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