Below are the minimum and maximum OSHA penalty amounts, with the annual adjustment for inflation, that may be assessed after January 17, 2023. (See OSHA Memo, Dec 20, 2022).
Visit www.osha.gov/penalties for more information.
Maximum and Minimum Amounts for Civil Penalties
Type of Violation | Penalty Minimum | Penalty Maximum |
---|---|---|
Serious | $1,116 per violation | $15,625 per violation |
Other-Than-Serious | $0 per violation | $15,625 per violation |
Willful or Repeated | $11,162* per violation | $156,259 per violation |
Posting Requirements | $0 per violation | $156,259 per violation |
Failure to Abate | N/A | $15,625 per day unabated beyond the abatement date (generally limited to 30 days maximum) |
* For a repeated other-than-serious violation that otherwise would have no initial penalty, a GBP penalty of $446 shall be proposed for the first repeated violation, $1,116 for the second repeated violation, and $2,232 for a third repetition.
Gravity Based Penalty Amounts
The gravity of a violation is defined by the Gravity Based Penalty (GBP)
- A high gravity violation is one with a GBP of $15,625.
- A moderate gravity violation is one with the GBBP ranging from $8,929 to $13,394.
- A low gravity violation is one with a GBP of $6,696.
For serious violations, the GBP shall be assigned on the basis of the following scale:
Severity | Probability | GBP | Gravity | OIS Code |
---|---|---|---|---|
High | Greater | $15,625 | High | 10 |
Medium | Greater | $13,394 | Moderate | 5 |
Low | Greater | $11,162 | Moderate | 5 |
High | Lesser | $11,162 | Moderate | 5 |
Medium | Lesser | $8,929 | Moderate | 5 |
Low | Lesser | $6,696 | Low | 1 |
For other-than-serious, only minimal severity is assigned. If the Area Director determines that it is appropriate to achieve the necessary deterrent effect, a maximum penalty of $15,625 may be proposed.
Serious Willful Penalty Reductions
The reduction factor for history shall be applied as usual. The reduction factors for size for serious violations shall be applied as follows:
Employees | Percent Reduction |
---|---|
10 or fewer | 80 |
11 – 20 | 60 |
21 – 30 | 50 |
31 – 40 | 40 |
41 – 50 | 30 |
51 – 100 | 20 |
101 – 250 | 10 |
251 or more | 0 |
Published Date
December 21, 2021
Revision Date
December 20, 2022
Resource Type
- Regulations
- Safety