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OSHA Increased Civil Penalty Amounts

The Occupational Safety and Health Administration (OSHA) ensures safe and healthy working conditions for workers by making and enforcing standards and by providing training, outreach, education, and assistance. Part of the agency’s enforcement standards permits it to assess penalties for OSHA violations. The OSH Act covers most private sector employers and their workers, in addition to some public sector employers and workers in the 50 states and certain territories and jurisdictions under federal authority. Those jurisdictions include the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act.

On January 13, 2023, the U.S. Department of Labor published adjustments to the OSHA civil penalty amounts. These increases apply to penalties assessed after January 15, 2023, as follows:

Type of ViolationPenalty
Posting Requirements
$15,625 per violation
Failure to Abate$15,625 per day beyond the abatement date
Willful or Repeated$156,259 per violation


State Plans

States that operate their own Occupational Safety and Health Plans are required to adopt maximum penalty levels that are at least as effective as Federal OSHA’s. State Plans are not required to impose monetary penalties on state and local government employers.

Next Steps for Employers

Employers should take advantage of OSHA’s compliance assistance to avoid costly penalties. OSHA offers a variety of options for employers looking for compliance assistance. The On-Site Consultation Program provides professional, high-quality, individualized assistance to small businesses at no cost. OSHA also has compliance assistance specialists in most of our 85 Area Offices across the nation who provide robust outreach and education programs for employers and workers. For more information, employers may contact the Regional or Area Office nearest them.

Employers should ensure that workplace safety trainings are provided on an annual basis and that all safety concerns are addressed immediately. Managers/supervisors should also be trained on the responsibility for addressing safety concerns including not retaliating against employees who report concerns.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.