Construction: The Most Cited Industry
Construction consistently leads all industries in OSHA enforcement actions. In fiscal year 2025, construction accounted for approximately 36% of all OSHA citations despite representing only 7% of the U.S. workforce.
The reasons are structural: high-hazard work, transient workforce, multi-employer worksites, and the physical demands of outdoor work all create persistent safety challenges.
This guide provides the complete 2026 penalty schedule, explains how fines are actually calculated, identifies the most common violations, and gives you a concrete plan to reduce your exposure.
2026 OSHA Penalty Schedule
OSHA penalties are adjusted annually for inflation. Here are the current maximum rates:
| Violation Type | Maximum Penalty | Notes |
|---------------|----------------|-------|
| Serious | $16,550 per violation | Most common citation type |
| Other-Than-Serious | $16,550 per violation | Technical/paperwork violations |
| Willful | $165,514 per violation | Knowing disregard of standard |
| Repeated | $165,514 per violation | Same standard violated within 5 years |
| Failure to Abate | $16,550 per day | Continues until hazard is corrected |
| Posting Requirements | $16,550 per violation | Failure to post OSHA 300A, etc. |
State Plan Multipliers
22 states operate their own OSHA-approved state plans. Some impose higher penalties:
| State | Agency | Multiplier | Serious Max |
|-------|--------|-----------|-------------|
| California | Cal/OSHA | 1.5× | $25,000 |
| Washington | L&I | 1.3× | $21,515 |
| New York | PESH (public) | 1.2× | $19,860 |
| Minnesota | MNOSHA | 1.1× | $18,205 |
| Oregon | Oregon OSHA | 1.0× | $16,550 |
→ Check your state: [OSHA Penalties by State](/osha-penalties-by-state)
How OSHA Calculates Your Actual Fine
The maximum is rarely what you pay. OSHA uses the Gravity-Based Penalty (GBP) system:
Step 1: Gravity Assessment
| Factor | Levels |
|--------