OSHA Citation Penalties: What Employers Need to Know

An OSHA citation is a formal notice issued when the Occupational Safety and Health Administration determines that an employer has violated workplace safety or health standards. Depending on the nature of the violation, employers may be required to correct hazards, pay monetary penalties, or both.

Understanding how OSHA citations work can help employers reduce compliance risks and create a safer workplace for employees.

Stay OSHA & Labor Law Compliant

Maintaining a safe workplace includes more than following OSHA safety standards. Most employers are also required to display current Federal and State Labor Law Posters where employees can easily review their workplace rights.

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What Is an OSHA Citation?

An OSHA citation identifies one or more workplace safety violations discovered during an inspection or investigation.

A citation typically includes:

  • The OSHA standard allegedly violated
  • A description of the violation
  • The proposed penalty, if applicable
  • The deadline for correcting the hazard
  • Information about the employer's rights to contest the citation

Receiving a citation does not automatically mean an employer agrees with OSHA's findings. Employers have the opportunity to review and, if appropriate, contest the citation.

Types of OSHA Violations

OSHA classifies violations into several categories.

Serious Violations

A serious violation exists when there is a substantial probability that death or serious physical harm could result from a workplace hazard, and the employer knew or should have known about the hazard.

Examples include:

  • Missing machine guards
  • Inadequate fall protection
  • Electrical hazards
  • Unsafe scaffolding

Other-Than-Serious Violations

These violations relate to workplace safety or health but are unlikely to cause death or serious physical harm.

Examples include:

  • Minor recordkeeping errors
  • Certain posting violations
  • Administrative compliance issues

Willful Violations

A willful violation occurs when an employer knowingly fails to comply with an OSHA requirement or acts with plain indifference to employee safety.

These violations often carry the most significant penalties.

Repeated Violations

OSHA may classify a violation as repeated when an employer has previously been cited for a substantially similar condition.

Repeated violations generally result in higher penalties than first-time violations.

Failure-to-Abate Violations

If an employer does not correct a cited hazard by the required deadline, OSHA may assess additional penalties until the hazard is corrected.

Prompt corrective action is essential after receiving a citation.

How OSHA Determines Penalties

OSHA considers several factors when proposing penalties, including:

  • The severity of the hazard
  • The probability of injury
  • The employer's size
  • The employer's good-faith efforts to comply
  • Previous OSHA inspection history

Penalty amounts are adjusted periodically under federal law, so employers should review OSHA's current penalty schedule.

Can Employers Contest an OSHA Citation?

Yes.

Employers generally have the right to contest:

  • The citation itself
  • The classification of the violation
  • The proposed penalty
  • The correction deadline

Strict deadlines apply, so employers should review all OSHA correspondence promptly after receiving a citation.

How to Reduce the Risk of OSHA Citations

Employers can lower their compliance risks by:

  • Conducting routine workplace inspections
  • Maintaining accurate OSHA records
  • Correcting hazards immediately
  • Providing regular employee safety training
  • Keeping written safety programs current
  • Reviewing OSHA standards applicable to their industry
  • Posting all required workplace notices

A proactive safety program can reduce both workplace injuries and enforcement actions.

Common OSHA Violations

Many OSHA citations involve recurring workplace hazards, including:

  • Fall protection
  • Hazard communication
  • Lockout/tagout procedures
  • Machine guarding
  • Respiratory protection
  • Electrical safety
  • Personal protective equipment (PPE)
  • Ladder safety
  • Powered industrial trucks (forklifts)
  • Recordkeeping deficiencies

Employers should routinely evaluate these areas as part of their safety program.

Best Practices After Receiving a Citation

If your business receives an OSHA citation:

  • Review the citation carefully.
  • Correct hazards as quickly as possible.
  • Document all corrective actions.
  • Train employees if additional instruction is needed.
  • Keep records of repairs, inspections, and policy updates.
  • Consider consulting a qualified safety professional or legal advisor if necessary.

Taking prompt corrective action can improve workplace safety and demonstrate a commitment to compliance.

Keep Your Workplace Compliance Current

Displaying required workplace notices is one of the easiest ways to help maintain compliance.

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We help employers stay compliant with current labor law posting requirements while promoting safer workplaces through high-quality compliance products.

Frequently Asked Questions

Can OSHA fine a business for not displaying required posters?

Yes. Certain workplace posting requirements may be enforced by OSHA or other federal agencies, depending on the specific notice involved. Employers should ensure all required workplace posters are displayed.

Does every OSHA violation result in a monetary penalty?

Not always. OSHA evaluates each case individually and may consider several factors when determining whether penalties are appropriate.

Can OSHA reduce proposed penalties?

In some cases, OSHA may reduce proposed penalties based on factors such as employer size, good-faith efforts, or other considerations allowed under OSHA policies.

How long does an employer have to contest an OSHA citation?

OSHA citations include deadlines for contesting findings. Employers should review the citation carefully and act promptly if they intend to contest it.

Can correcting a hazard prevent future citations?

Correcting hazards promptly can reduce future risks and demonstrate an employer's commitment to maintaining a safe workplace.

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