How does OSHA Enforce its Standards?
OSHA enforces its standards via inspections and investigations when an imminent workplace danger is reported to the Administration, when an injury occurs in a workplace accident, or when a report is received alleging a safety or health issues which violates an OSHA standard. Not every business subject to OSHA’s safety and health standards can be inspected or investigated simultaneously, so the agency has established a system of priorities. The system of priorities is:
- An imminent danger in the workplace.
- Catastrophes and fatal accidents.
- Complaints of alleged violations.
- Planned inspections at high-hazard workplaces.
- Follow-up inspections to establish if previously cited violations have been corrected.
OSHA regards an imminent danger to be any situation where there is reasonable certainty a risk exists that can be expected to cause death or severe injury before the risk can be eliminated through the normal inspection and enforcement process.
Cases such as these can be brought to OSHA’s attention by an employer or an employee, and are reviewed by an area director before a priority inspection is conducted. In an imminent danger is confirmed, OSHA’s inspectors will request the voluntary removal of the risk and/or endangered employees from exposure to the risk.
If an employer fails to voluntarily remove the risk and/or endangered employees, OSHA can apply to the nearest Federal District Court for appropriate judicial action to correct the situation. Judicial action can consist of an immediate shutdown of the entire operation or the section of the workplace where the reported imminent danger exists.
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How Does OSHA Enforce its Standards in Other Cases
Catastrophes resulting in the hospitalization of three or more employees or workplace fatalities are second in OSHA’s system of inspection priorities. In this case, the purpose of the inspection is to determine if an accident is attributable to a violation of OSHA standards and to make recommendations to avoid a reoccurrence of the same event.
While employers are required to report a catastrophic accident to OSHA within eight hours of the event, any employee, local state agency, or other public source can make a complaint alleging a failure of OSHA compliance. If a violation is identified in an inspection following a complaint – or in a planned inspection at a high-hazard workplace – a citation will be issued and the following penalties – updated for 2024 – may apply (note: the penalties applied by state OSHA Plans may differ):
| Type of Violation | Minimum Penalty | Maximum Penalty |
| 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 |
* For a repeated other-than-serious violation that has a $0 penalty, a penalty of $460 will be imposed for the first repeat of the violation, $1,152 for the second repeat of the violation, and $2,304 for the third repeat of the violation. OSHA inspectors can also impose fines of up to $16,131 per violation for an employer failing to post an OSHA violation notice.
Penalties for Employers that are Slow or Fail to Comply
The lowest inspection priority in OSHA’s system of priorities are follow-up inspections to establish if previously cited violations have been corrected. These inspections can follow any type of citation (e.g., serious, other-than-serious, willful, or repeated), and their purpose is to ensure the hazard for which the employer was originally cited has been abated.
Citations allow a certain number of days for an employer to abate a hazard depending on the nature of the hazard and the logistics of abating it. However, if an employer exceeds the time allowed, OSHA inspectors can issue further fines of up to $1,131 per day per violation until the hazard is abated. Employers that fail to abate a hazard or pay OSHA fines can be held personally liable by a court.
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