The current maximum OSHA penalty for every violation category — Serious, Willful, Repeat, Failure-to-Abate and Posting — and how OSHA actually arrives at the number on your citation.
When an OSHA citation lands on a manager's desk, the first question is almost always the same: how much? The honest answer is that the number is rarely the statutory maximum, and it is never a simple sum of category ceilings. OSHA sets a proposed penalty through a structured method in its Field Operations Manual (FOM), anchored to how serious the hazard is and adjusted for the employer's size, good faith and history. This guide gives the current 2026 maximum penalty amounts by category, explains exactly how the actual fine is built, and walks through the citation, contest and criminal-penalty process so you know what to expect — and where there is room to push back.
OSHA penalty maximums are adjusted every January under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, using the Consumer Price Index for All Urban Consumers (CPI-U) multiplier published by the Office of Management and Budget (OMB). The amounts below are the maximums OSHA's penalty schedule states may be assessed for citations issued after January 15, 2026. They are the same figures OSHA carried into 2026 from the January 2025 adjustment ($16,550 and $165,514), which had risen from the prior $16,131 and $161,323. Because the adjustment is automatic and inflation-driven, always confirm the live numbers on osha.gov/penalties before quoting them in a compliance document — they can step up again at the next January cycle.
| Violation type | 2026 maximum penalty | Basis |
|---|---|---|
| Other-than-Serious | $16,550 per violation | Hazard unlikely to cause death/serious harm |
| Serious | $16,550 per violation | Substantial probability of death or serious physical harm |
| Posting requirement | $16,550 per violation | Failure to post required notices (e.g. the OSHA poster, Form 300A) |
| Failure to Abate | $16,550 per day beyond the abatement date | Hazard not corrected by the deadline; accrues daily |
| Willful | $165,514 max ($11,823 minimum) | Intentional disregard or plain indifference to the Act |
| Repeat | $165,514 per violation | Substantially similar violation cited within the prior 5 years |
Two things in that table catch employers off guard. First, Failure-to-Abate is per day — leave a hazard uncorrected for a month past the deadline and the exposure runs into six figures from a single item. Second, the willful category has a statutory floor: under 29 CFR 1903.15(d), a willful violation "shall not be less than $11,823 and shall not exceed $165,514," so even a willful item that would otherwise score low cannot be reduced below that minimum.
The maximums above are ceilings, not defaults. Chapter 6 of the Field Operations Manual lays out a repeatable formula. The crucial point — and the one most often misunderstood — is that the reductions are applied serially (one after another), not summed. Here is the sequence for a Serious violation:
Because the cuts are applied to the running balance in turn, the math is multiplicative, not additive. A high-gravity Serious item starting at the $16,550 GBP, given to a small employer (60% size reduction) with good faith (15%) and a clean history (20%), is not reduced by 95% — it is reduced step by step: 16,550 × 0.40 = 6,620, then × 0.85 = 5,627, then × 0.80 = about $4,502. Adding the percentages would have wrongly wiped the penalty out. This serial method is why two employers cited for the identical hazard can owe very different amounts.
For Willful violations the GBP starts much higher and good-faith credit is unavailable; size and history can still reduce the figure, but never below the $11,823 statutory minimum. Repeat penalties are built by multiplying the underlying gravity-based amount (commonly by 2, 5 or 10 depending on employer size and how many times the violation has recurred), up to the $165,514 cap. Other-than-Serious items often carry no monetary penalty at all unless gravity warrants one.
Suppose an inspector finds an unguarded machine point of operation (a Serious, high-gravity item) and an unrecorded injury on the OSHA 300 log (Other-than-Serious) at a 30-employee plant with a written program and no prior citations:
| Item | Classification | Starting GBP | After serial reductions |
|---|---|---|---|
| Unguarded machine | Serious (high gravity) | $16,550 | ~$8,440 (size + history; no good faith on high gravity) |
| 300 log not maintained | Other-than-Serious | Low / often $0 | $0–$2,000 typical |
The headline maximum was $16,550 per Serious item, but the proposed penalty for the machine guarding citation lands well below it once size and history reductions run through serially. The figures here are illustrative — your inspector applies the actual gravity ratings and reduction percentages — but they show why the maximum almost never equals the bill.
After an inspection, OSHA mails a Citation and Notification of Penalty listing each alleged violation, its classification, the proposed penalty and an abatement date. From the moment you receive it, a 15-working-day clock starts. You have three routes:
Miss the 15-working-day window and the citation and penalty become a final, unappealable order by operation of law — so calendar that deadline the day the citation arrives. If you genuinely cannot meet an abatement date, file a Petition for Modification of Abatement (PMA) before the date passes; otherwise the per-day Failure-to-Abate clock can start.
The dollar figures above are civil penalties assessed administratively. Separately, the OSH Act provides for criminal penalties, prosecuted by the Department of Justice rather than assessed by OSHA:
Criminal exposure is rare relative to civil citations, but it is real, and states (and federal prosecutors) increasingly pursue serious cases. The civil penalty and any criminal charge are independent — paying the fine does not foreclose prosecution.
Want a number before the conference, or to model what a citation might cost your operation? These free, no-signup tools run entirely in your browser:
What is the maximum OSHA fine in 2026?
For citations issued after January 15, 2026: $16,550 per Serious, Other-than-Serious, Posting or Failure-to-Abate (per day) violation, and $165,514 per Willful or Repeat violation. These are the same figures OSHA carried in from the January 2025 adjustment; OSHA recalculates them each January for inflation, so verify the current amount on osha.gov/penalties.
Does OSHA add the maximum penalty to every violation?
No. OSHA starts from a gravity-based penalty and applies size, good-faith and history reductions serially, not by addition. The maximum is a ceiling, not the default.
What is the minimum penalty for a willful violation?
Under 29 CFR 1903.15(d), a willful violation cannot be less than $11,823 nor exceed $165,514 per violation, as adjusted for inflation.
Can I negotiate or contest an OSHA penalty?
Yes. Request an informal conference with the Area Director within 15 working days, or file a formal Notice of Contest within 15 working days to take the case before OSHRC.
Are there criminal penalties under OSHA?
Yes. A willful violation causing a worker's death is a misdemeanor (up to six months' jail plus a fine), and false statements or unauthorized advance notice of an inspection can also be charged criminally.
Penalty figures are sourced from OSHA's published penalty schedule (osha.gov/penalties), 29 CFR 1903.15 and the OSHA Field Operations Manual, effective for citations issued after January 15, 2026; amounts adjust annually for inflation. This guide is general information, not legal advice — consult a qualified professional or attorney for a specific citation.