Penalties for Violating OSHA Rules

If an Occupational Safety and Health Administration (OSHA) compliance and safety officer conducts a workplace inspection that reveals safety hazards, typically citations and penalties will be issued to the employer.

Citations and penalties are not issued immediately after an inspection; they are mailed to the employer at a later date. Once an employer has received a citation, it must be posted for 3 days or until the situation is corrected (whichever is longer). Also, citations and penalties may be different in each state.

Penalties

  • Non-serious violation- A safety hazard that is not life threatening, but still hazardous will bring the smallest fine. Fines can be up to $7,000 for each violation, or may be adjusted down as much as 95% if the employer is compliant and has a good history.
  • Serious violation- A violation that has the potential to cause serious harm or death carries a fine of $1,500-$7,000.
  • Willful violation- A known hazard that was not corrected and causes harm may cost the employer $5,000-$70,000 for a violation. If a willful violation results in the death of an employee, an employer may be fined up to $250,000 ($500,000 if the employer is a corporation) and/or receive up to 6 months in jail.
  • Repeated violation- If an employer allows a safety hazard to happen more than once, he or she may be fined up to $70,000. This amount may be multiplied by a specific number, depending on the amount of employees, each time the violation reoccurs.

Other Types of Penalties

  • Failure to correct a hazard - An employer may be fined up to $7,000 each day for hazards not corrected by the time allowed on the citation.
  • Falsifying records - If convicted of falsifying employee records, reports, or applications, an employer may be fined $10,000 and/or given 6 months in jail.
  • Not posting citations - A fine of $7,000 may be issued to an employer for not posting required OSHA material.
  • Interfering with a compliance officer - If an employer interferes with a compliance officer (resisting, opposing, or intimidating), he/she may be fined up to $5,000 and given up to 3 years in jail.

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