OSHA term · Glossary
Egregious Violations
OSHA's violation-by-violation (per-instance) citation approach, under which each instance of noncompliance is cited as a separate violation with its own penalty rather than being grouped into one. Historically reserved for willful violations, it can turn a single inspection into millions of dollars in penalties. A 2023 policy expanded instance-by-instance citations to certain serious, repeat, and other-than-serious violations too.
Also known as: per-instance citations, instance-by-instance (IBI), EEEP
On this page
Egregious Violations at a glance
- Each instance is cited separately — penalties stack rather than group.
- Traditionally applied to willful violations (and the General Duty Clause).
- Can multiply the per-violation maximum ($165,514) into the millions.
- A 2023 OSHA memo expanded instance-by-instance to some serious/repeat/other-than-serious items.
In plain English
When OSHA writes a separate ticket for every single instance of a violation instead of lumping them together. Ten unprotected workers can become ten citations — which is how OSHA fines reach the millions.
What the source says, in summary
Under the egregious (violation-by-violation) penalty procedure, each instance of noncompliance is treated as a separate violation with a separate penalty; the procedure applies to willful violations of OSHA standards or regulations or of the General Duty Clause.
In context
An enforcement, recordkeeping, or general-duty concept under the Occupational Safety and Health Act and 29 CFR. These terms define how OSHA inspects, cites, and penalizes employers.
Example
An employer willfully exposes 12 workers to a fall hazard. Instead of one grouped willful citation, OSHA applies the egregious policy and issues 12 separate willful citations — each up to $165,514 — so the proposed penalty balloons past a million dollars from a single inspection.
Why it matters
The egregious policy is how OSHA turns a serious pattern of violations into a company-threatening penalty. It's reserved for the worst conduct — knowing, repeated exposure of many workers — and it, together with the Severe Violator Enforcement Program, is why willful and repeated violations carry existential financial risk.
Egregious (per-instance) vs. repeat
A repeat violation is being cited again for a substantially similar hazard over time. An egregious/per-instance citation stacks separate penalties for MULTIPLE instances in a SINGLE inspection (e.g., per exposed employee or per machine). Repeat multiplies across time; egregious multiplies within one case.
Grouped vs. egregious (per-instance) penalties
| Approach | Penalty basis |
|---|---|
| Grouped (default) | One willful violation → one penalty (up to $165,514) |
| Egregious (per-instance) | Each instance cited separately → penalties stack into the millions |
Egregious Violations: frequently asked questions
- What is an egregious violation?
- It's OSHA's violation-by-violation (per-instance) citation approach, where each instance of noncompliance is cited as a separate violation with its own penalty. Traditionally used for willful violations, it can produce multimillion-dollar proposed penalties.
- How can OSHA penalties reach millions of dollars?
- Through the egregious/per-instance policy: instead of grouping a willful violation, OSHA cites each instance separately, and the per-violation maximums (up to $165,514 each) add up quickly across many instances.
- Does the per-instance policy apply only to willful violations?
- Historically, yes. A 2023 OSHA memo expanded instance-by-instance citations to certain serious, repeat, and other-than-serious violations as well, broadening where the approach can be used.
Related terms
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More OSHA terms
The action an employer takes to fix a cited violation or eliminate a hazard OSHA identified during an inspection. The citation sets an abatement date, the deadline to correct the hazard, and within 10 calendar days after that date the employer must certify to OSHA that the violation was abated. Failure to abate accrues additional penalties of up to $16,550 per day.
Area DirectorThe senior OSHA official in charge of a specific OSHA Area Office — the local unit that runs inspections and enforcement in its geographic territory. The Area Director has the authority to issue citations, propose penalties, hold informal conferences with employers, and approve settlement agreements. When a Compliance Safety and Health Officer (CSHO) completes an inspection, it's the Area Director who ultimately issues the citation.
Bureau of Labor Statistics (BLS)The federal statistical agency within the U.S. Department of Labor that collects, analyzes, and publishes data on workplace injuries, illnesses, and fatalities. BLS conducts the annual Survey of Occupational Injuries and Illnesses (SOII) — compiled from employer OSHA 300 logs — and the Census of Fatal Occupational Injuries (CFOI). SOII data drives OSHA's Site-Specific Targeting (SST) program: establishments whose DART rates significantly exceed their BLS industry average are placed on the SST inspection list.
Competent PersonUnder OSHA's construction standards, a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions, and who has the authorization to take prompt corrective measures to eliminate them. The role requires both knowledge and the authority to act, and is mandated by name in many specific standards — excavations, scaffolds, fall protection, asbestos, and more.
CitationThe formal written notice OSHA issues to an employer after an inspection, describing each alleged violation, the standard cited, the proposed penalty, and the date by which the hazard must be corrected (abated). OSHA must issue a citation with reasonable promptness and no later than six months after the violation occurred.
Closing ConferenceThe meeting at the end of an OSHA inspection where the compliance officer confers with the employer and informally advises them of any apparent violations found. Importantly, the closing conference discusses what was observed and the employer's rights — but it does NOT state final citations or penalties, which come later in the written Citation and Notification of Penalty.
Compliance Officer (CSHO)An OSHA Compliance Safety and Health Officer — the inspector who conducts workplace inspections. A CSHO presents credentials (a photo ID and a serial number), holds the opening conference, performs the walkaround, collects evidence, interviews employees, and recommends citations. CSHOs are either safety specialists or industrial hygienists.
ContestAn employer's formal challenge to an OSHA citation, penalty, or abatement date. To contest, the employer must file a written Notice of Contest with the OSHA Area Director within 15 working days of receiving the Citation and Notification of Penalty. Filing sends the case to the independent Occupational Safety and Health Review Commission (OSHRC); missing the deadline makes the citation a final, un-appealable order.
Sources & verification
- OSHA — CPL 02-00-080 (Violation-by-Violation Penalties)
- OSHA — Instance-by-Instance Citation Policy (2023 memo)
Reviewed by HazComFast against eCFR, OSHA.gov, NIOSH, and the Federal Register. Last reviewed 2026-10-05. This glossary is general information, not legal advice; OSHA State-Plan states (e.g. California, Michigan) may adopt stricter requirements.
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