What are the OSHA Violation Types?
There are six OSHA violation types. The Occupational Safety and Health Administration has the authority to issue fines for five of the violation types, while the sixth type of OSHA violation (a “de minimis” violation) will only result in a fine if it escalates into one of the other five violation types. The six OSHA violation types are:
- Serious
- Other-than Serious
- Willful or Repeated
- Posting Violation
- Failure to Abate Violation
- De Minimis Violation
The Six OSHA Violation Types in Greater Detail
A safer workplace is the cornerstone of a productive and successful business. The Occupational Safety and Health Administration (OSHA) plays a pivotal role in achieving this goal by setting and enforcing standards for safe and healthy working conditions. A significant part of OSHA’s role involves identifying and addressing violations of these standards.
Serious Violations
Citations for serious violations are issued when a workplace hazard could cause an accident or illness that would most likely result in death or serious physical injury – or has done so already – and the employer knew or should have known about the hazard.
Other-Than-Serious Violations
Other-than-serious violations are hazards that are related to workplace safety and health but probably wouldn’t cause death or serious physical injury. This OSHA violation type should be remediated quickly to prevent citations for repeated violations.
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Willful or Repeated Violations
Willful and repeated violations are the most serious of the OSHA violation types because they demonstrate the knowing failure of an employer to comply with OSHA standards. Naturally, this type of violation attracts the highest financial penalties.
Posting Violations
When an employer is cited for unsafe or unhealthy working conditions, a notice must be posted at or near the hazard to warn employees. The failure to post a notice and display it for a minimum of three working days can attract a penalty for a posting violation.
Failure to Abate Violations
When OSHA inspectors issue a citation for a workplace hazard, the citation usually has a deadline for when the hazard must be rectified or “abated”. The failure to abate the violation within the deadline is a violation of OSHA that can also attract a penalty.
De Minimis Violations
De minimis violations are technical violations of OSHA that are unlikely to result in an injury or illness. Although financial penalties are not issued for de minimis violations, OSHA inspectors make a note of them in case they escalate into one of the more serious OSHA violation types.
Penalties for OSHA Violations
From 1970 until 2016, the penalties for OSHA violation penalties were not much of a deterrent for employers that willfully or repeatedly violated OSHA. The penalty structure was changed in 2016 and is now adjusted for inflation each year. The current (2024) penalties are OSHA violations are as follows:
| Type of Violation | Penalty Minimum | Penalty Maximum |
| Serious | $1,190 per violation | $16,131 per violation |
| Other-Than-Serious | $0 per violation | $16,131 per violation |
| Willful or Repeated | $11,524* per violation | $161,323 per violation |
| Posting | $0 per violation | $16,131 per violation |
| Failure to Abate | N/A | $16,131 per day unabated beyond the abatement date, generally limited to 30 days maximum. |
* Note: For a repeated other-than-serious violation or posting violation that otherwise would have no initial penalty, a penalty of $460 is imposed for the first repeated violation, $1,152 for the second repeated violation, and $2,304 for a third repetition.
It is also important to be aware that in U.S. states and territories where OSHA State Plans exist, each authority can set its own penalty structures and minimum and maximum penalty levels. The penalties must be at least as effective as those of the federal OSHA.
OSHA Violation Types: Conclusion
Due to the change in the OSHA penalty structure, it can be financially worthwhile for employers to ensure they comply with all applicable OSHA standards. To find out more about which standards may apply to your business, review our OSHA compliance checklist, speak with an OSHA compliance expert, or contact OSHA directly.
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