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).

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Maximum and Minimum Amounts for Civil Penalties

Type of ViolationPenalty MinimumPenalty 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 AbateN/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:

SeverityProbabilityGBPGravityOIS Code

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:

EmployeesPercent Reduction
10 or fewer80
11 – 2060
21 – 3050
31 – 4040
41 – 5030
51 – 10020
101 – 25010
251 or more0

Published Date

December 21, 2021

Revision Date

December 20, 2022

Resource Type

  • Regulations
  • Safety

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