When OSHA cites you, the citation names the standard you broke, sets a deadline to fix it, and proposes a penalty, and you get 15 working days to either fix and pay, meet with OSHA, or formally contest it. Federal penalties run from a few thousand dollars up to six figures depending on how serious and how willful the violation was, but small employers get real reductions, and correcting hazards fast counts in your favor. The one deadline you cannot miss is the 15 working days to contest. Let it pass and the citation becomes final and the penalty is due. This is federal OSHA in 2026, and state-plan states set their own penalties.
The types of violation
OSHA classifies each violation, and the class drives the penalty:
- Other-than-serious: a violation with a direct relationship to safety but unlikely to cause death or serious harm.
- Serious: a substantial probability of death or serious physical harm that the employer knew or should have known about. Most construction citations land here.
- Willful: an intentional violation or plain indifference to the law. The most expensive class.
- Repeat: substantially the same violation cited again within the look-back period.
- Failure to abate: you did not fix a cited hazard by the deadline, charged per day past the date.
The federal penalty maximums
These are the federal OSHA maximums in 2026, reflecting the inflation adjustment carried into the fiscal year. State-plan states set their own amounts, which can differ, so these apply to federal-OSHA jurisdictions:
- Serious and other-than-serious: up to $16,550 per violation.
- Failure to abate: up to $16,550 per day past the abatement date.
- Willful: from $11,823 up to $165,514 per violation.
- Repeat: up to $165,514 per violation.
- Posting violation: up to $16,550.
These are maximums, not automatic charges. OSHA calculates a proposed penalty based on the gravity of the hazard and then applies reductions.
The reductions that matter to small contractors
A small outfit rarely pays the sticker price. The main reductions:
- Size: up to a 70 percent reduction for the smallest employers, with the biggest break for businesses under 25 employees and a smaller, graduated break up toward 250.
- History: a 20 percent reduction if you have no serious, willful, or repeat violations in the prior 5 years.
- Good faith: up to 15 percent for a documented safety program and prompt hazard correction.
- Quick-fix: an additional 15 percent if you correct the hazard during the inspection. Note that fixing it on the spot does not stop the citation from being issued, it just reduces the penalty.
Stacked up, these can bring a small contractor's penalty down substantially from the headline maximum.
What to do when the citation arrives
Citations come by certified mail, usually within 6 months of the inspection. The moment one lands:
- Post it at or near the location of the violation for 3 working days, or until the hazard is corrected, whichever is longer. Not posting it is its own penalty.
- Fix the hazard by the abatement deadline, and document that you did.
- Watch the clock: you have 15 working days from receiving the citation to act.
Your two options within 15 days
- Request an informal conference with the OSHA area director. This is a voluntary meeting to clarify the citation and try to negotiate the classification, penalty, or abatement date. It is often worthwhile, but it does not stop the 15-day contest clock, so do not let the meeting run out your deadline.
- File a Notice of Contest, in writing, to formally challenge the citation, penalty, or abatement date before the Occupational Safety and Health Review Commission (OSHRC). Miss the 15-day deadline and you forfeit the right to contest entirely, the citation becomes a final order, and the penalty is due.
If nothing is contested and no settlement is reached, the citation stands. If you file a contest, the case heads to an OSHRC administrative law judge.
Common questions
How much can OSHA fine you?
In 2026, federal OSHA penalties reach up to $16,550 per serious or other-than-serious violation, and up to $165,514 for a willful or repeat violation. Failure to abate a cited hazard runs up to $16,550 per day. These are maximums, and small employers get sizable reductions. State-plan states set their own penalty amounts, so check Working in Your State. Verify current federal figures at osha.gov.
How long do I have to respond to an OSHA citation?
You have 15 working days from receiving the citation to either request an informal conference or file a formal Notice of Contest. Miss that deadline and the citation becomes a final order and the penalty is due, with no further right to challenge it. An informal conference does not pause the 15-day clock, so if you want to contest, file the Notice of Contest in writing regardless of any meeting.
Can a small contractor get OSHA penalties reduced?
Yes, substantially. The biggest is a size reduction of up to 70 percent for the smallest employers, on top of up to 20 percent for a clean 5-year history and up to 15 percent each for good faith and fixing the hazard fast. Stacked together, these can bring a penalty well below the headline maximum. A documented safety program and prompt correction are what unlock them.
What is the difference between a serious and a willful OSHA violation?
A serious violation is one with a substantial probability of death or serious harm that the employer knew or should have known about; a willful violation is intentional or shows plain indifference to the law. Willful is the most expensive class, from $11,823 up to $165,514 per violation in 2026, while serious tops out at $16,550. Most routine construction citations are serious, not willful.
Does fixing the hazard cancel an OSHA citation?
No. Correcting the hazard, even during the inspection, does not cancel the citation, but it reduces the penalty and is required to meet the abatement deadline. OSHA can still issue a citation for a hazard you fixed on the spot. Prompt correction earns the quick-fix and good-faith reductions, so it is always worth doing, and you also have to abate by the deadline to avoid a per-day failure-to-abate penalty.
The honest bit
- The penalty maximums and reduction percentages here are federal OSHA in 2026, reflecting the annual inflation adjustment. They change every year, so verify the current figures at osha.gov.
- These are federal-OSHA amounts. State-plan states like California, Washington, Oregon, and Michigan set their own penalties, which can be higher or structured differently. See Working in Your State.
- This is general guidance, not legal advice. For a large penalty, a willful or repeat citation, or anything tied to a serious injury, an OSHA-defense attorney should be involved before the 15-day clock runs out.
Know someone who needs this?
Keep reading
Templates you might need
Sources
- OSHA Penalties · Citation classifications and the current maximum penalty amounts
Was this guide useful?
Didn't find what you were looking for?
Spotted something wrong or out of date? Email us at hello@kilnguides.co.uk.
In crisis? 988 Suicide & Crisis Lifeline 988 ·