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OSHA Violations, Citations, and Fines List for 2023

Posted On: January 1, 2023

Need to report an incident?

Be prepared to supply: Business name; names of employees affected; location and time of the incident, brief description of the incident; contact person and phone number.

OSHA fines for PPE violations

The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for overseeing workplace safety. The organization also enforces safety protocols and levies citations and fines for companies violating one of the industry safety requirements.

Knowing these violations will help improve your safety compliance management and ensure your business meets all required safety protocols.

What Are OSHA Violations?

An OSHA violation occurs when a company or employee willingly or unknowingly ignores potential and real safety hazards. A violation does not always mean an incident occurred; it can also be substantiated during the OSHA inspection process.

Depending on the severity of the infraction, the company can receive a citation or fine.

OSHA Violations vs. Citations

Some OSHA violations do not put employees at risk. Instead of issuing a fine, the agency gives the company a citation. Similar to a warning traffic ticket, a citation lets the business know there is a violation to resolve. It will also include a date when the safety issue needs to be fixed.

Only repeat OSHA citations are listed on a company’s safety record. It’s classified as a repeat offense when a business receives the same citation more than once in three years.

Top 10 Most Cited OSHA Violations of 2022
1. Fall protection
2. Hazard communication
3. Ladders
4. Respiratory protection
5. Scaffolding
6. Lockout/Tagout
7. Powered industrial trucks
8. Fall protection – training requirements
9. Personal protective and lifesaving equipment – eye and face protection
10. Machine Guarding

How to Look Up OSHA Violations in 2023

OSHA has made it easy for employees, managers, and business owners to look up various violations. When you need to check the violations, OSHA has the complete list on its website.

Having regular safety audits and inspections performed by third-party safety consulting companies can help improve workplace safety and reduce the likelihood of OSHA violations and citations.

what are OSHA violation types

6 Types of OSHA Violations

There are six listed types of OSHA violations, each carrying a different penalty.

1. Serious

When a business owner or manager knows a hazard can result in injury or death and does not resolve it, OSHA considers this a serious violation. Fines are based on the seriousness of the violation and can reach up to $13,653 for each.

It can be more cost effective to have a workplace risk assessment consultant identify and resolve these hazards before OSHA applies a costly fine.

Gravity-based OSHA Penalties

Gravity-based penalties (GBP) are classified into three categories.

  1. High-gravity (serious) violation penalties are $14,502.
  2. Moderate-gravity (semi-serious) violation fines range from $8,287 – $12,431.
  3. A low-gravity (less serious) violation fine is $6,215 for each incurred penalty.

2. Other-Than-Serious

A violation that does not result in injury or death but does compromise an employee’s health or safety is considered other-than-serious-threat by OSHA. The maximum penalty for this type of violation is the same as a serious one. However, the Occupational Safety and Health Agency can issue a citation or reduce the penalty amount by 95%.

Minimal-only Severity

Other-than-serious violations are divided into two classifications. Lesser minimal-only violations usually only come with a warning. The penalty is zero in financial terms. Greater minimal-only infractions have a broad range. Companies can face fines ranging from $1,000 – $14,502.

3. Willful or Repeated

When a violation is repeated within three years, companies will face stiffer penalties of up to $145,027. Willful violations are the most serious. The violation occurs when the employer knows there’s a risk to employees and does nothing to resolve it.

Employee-count Reduction for Serious Willful OSHA Penalties

Willful and repeated safety violations put employees at risk. A serious willful penalty is reduced depending on the size of your workforce.

Number of EmployeesPercentage of Fine Reduced
10 or fewer80
11-2060
21-3050
31-4040
41-5030
51-10020
101-25010
251 or more0

4. Posting Requirements

Any employer that receives a citation or violation notice from OSHA must post it near the incident area. The post must be visible to all employees until the violation is resolved or for three days, whichever comes first.

Learn more about OSHA recordkeeping guidelines.

5. Failure to Abate

The OSHA notice contains a date when the safety violation must be resolved. Companies that don’t meet this date are subject to the maximum penalty per day.

6. De Minimus Violation

An example of a De Minimus Violation is ladder safety. According to OSHA, a ladder having 13 inches between rungs instead of 12 inches isn’t technically compliant. A citation or notice isn’t always necessary; OSHA may give a verbal warning. A note is made in your company’s safety file, but there aren’t always penalties.

OSHA Fines: Minimums and Maximums

OSHA penalties citations fines

Here’s a table of minimum and maximum fines for OSHA violations.

 Type of Violation Minimum Penalty Maximum Penalty

Serious

$1,036 per violation

$14,502 per violation

Other-than-serious

$0 per violation

$14,502 per violation

Willful or Repeated

$10,360 per violation

$145,027 per violation

Posting Requirements

$0 per violation

$14,502 per violation

Failure to Abate

N/A

$14,502 per day past the abatement date.

Common OSHA Violations

Some OSHA violations are more common than others. Most are also easy to resolve. Here are a few common violations that result in an OSHA citation.

Fall Protection in Construction

To prevent this common hazard, employers must provide a safe working environment. For example, OSHA regulations require employers to have safe working conditions with clean and dry floors. Workers must also be trained in safety protocols and provided protective gear at no cost.

Learn more about available fall protection safety training if you’re familiar with this risk.

Hazard Communications in General Industry

OSHA requires that all chemical producers and importers evaluate and document the hazards associated with the product. Labels and data sheets must also accompany the chemicals when transported, and you must be current with the corresponding OSHA MSDS requirements.

Scaffolding General Requirements in Construction

OSHA has stringent scaffolding safety requirements regarding construction site safety protocols. The agency requires workers to wear OSHA-compliant fall protection equipment on a scaffold. The company is responsible for providing the PPE.

  • Inspections are required to determine the stability of the scaffolding.
  • All work materials, including tools and debris, must be contained and prevented from falling on employees.
  • Specific weight maximums cannot be over-exceeded.

The final requirement is the scaffolding’s placement. It cannot be near power lines. The distance varies according to state OSHA safety laws.

Can OSHA Fine Employees?

Can an employee be fined by OSHA? No. OSHA does not fine employees for workplace and jobsite safety violations. It is the employer’s duty to provide and ensure a safe and healthy working environment that complies with all OSHA standards.

Where Do OSHA Fines Go?

Fines are not used to fund OSHA and its operating expenses directly. Instead, collected fines go to the U.S. Treasury’s general fund.

Are OSHA Fines Tax Deductible?

No deductions may be taken regarding any fines or penalties paid to the government for violating any law.

How to Reduce OSHA Violations in 2023

Taking a walk around your company is one way to spot obvious violations. Talking to employees also helps. When you want to make sure that you’ve resolved every potential OSHA violation, it helps to retain professional safety management services.

The experts at Safety By Design will help ensure your workplace meets all OSHA requirements.

Contact our team today to schedule a consultation or safety training in Houston.

Need to report an incident?

Be prepared to supply: Business name; names of employees affected; location and time of the incident, brief description of the incident; contact person and phone number.