Skip to content

Approaching: Nov 20, 2026 — HCS 2024 Deadline. Get ready →

OSHA term · Glossary

Failure-to-Abate

Verified vs OSHA sources · 2026-10-05

A violation that exists when an employer does not correct a previously cited hazard by the abatement date on the citation. Because the hazard was already identified and the employer had time to fix it, OSHA can assess a penalty of up to $16,550 per day for each day the violation continues past the deadline, a running penalty that can quickly exceed the original fine. OSHA's Field Operations Manual caps the total at 30 times the daily amount.

29 CFR 1903.1829 CFR 1903.15(d)(5)29 CFR 1903.18(a)29 CFR 1903.14

Also known as: failure to abate notification

Failure-to-Abate at a glance

  • Penalty up to $16,550 per day past the abatement deadline (29 CFR 1903.15(d)(5)), capped at 30 times the daily amount (FOM Ch. 6).
  • Applies to the exact hazard already cited at the same worksite.
  • The employer must certify abatement and, for some items, provide documentation.
  • Different from a repeat violation (a similar hazard cited again elsewhere/later).

In plain English

Getting fined again, for each day, for not fixing a hazard OSHA already cited you for. The clock runs from the abatement deadline, so ignoring a citation gets expensive fast.

What the rule says

“If an inspection discloses that an employer has failed to correct an alleged violation for which a citation has been issued within the period permitted for its correction, the Area Director shall, if appropriate, consult with the Regional Solicitor, and he shall notify the employer by certified mail or by personal service by the Compliance Safety and Health Officer of such failure and of the additional penalty proposed under § 1903.15(d)(5) by reason of such failure.”
29 CFR 1903.18(a): notification of failure to correct (the per-day amount is 29 CFR 1903.15(d)(5))

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.

29 CFR Chapter XVII

Where this is written in OSHA's rules

Example

An employer is cited for an unguarded machine with a 30-day abatement date but doesn't fix it. OSHA issues a Notification of Failure to Abate and can assess up to $16,550 for each day past the deadline, so a two-week delay can add far more than the original citation's penalty.

Why it matters

Failure-to-abate grows daily and tells OSHA that a known hazard was left in place, which feeds willful characterizations and the Severe Violator Enforcement Program. Certifying abatement on time, with documentation where required, avoids it. If the date can't be met, the petition for modification of abatement date is due by the close of the next working day after it (29 CFR 1903.14a(c)).

Failure-to-abate vs. repeat violation

Failure-to-abate means the SAME cited hazard at the SAME site wasn't fixed by the deadline, billed per day. A repeat violation means a SUBSTANTIALLY SIMILAR hazard is cited AGAIN, later or at another site. One is not fixing what you were told to fix; the other is a recurring pattern.

Failure-to-abate vs. repeat violation

ClassificationTriggerPenalty
Failure to abateThe cited hazard not fixed by the deadline (same site)Up to $16,550/day
RepeatA substantially similar hazard cited again (later/elsewhere)Up to $165,514

Failure-to-Abate: frequently asked questions

What is a failure-to-abate violation?
It occurs when an employer doesn't correct a previously cited hazard by the abatement date. OSHA can propose an additional penalty of up to $16,550 for each day the violation continues past the deadline (29 CFR 1903.15(d)(5)), capped at 30 times the daily amount under OSHA's Field Operations Manual.
How is failure-to-abate different from a repeat violation?
Failure-to-abate is not fixing the exact cited hazard at the same site by the deadline (billed per day). A repeat violation is being cited again for a substantially similar hazard, later or at another location.
How do I avoid a failure-to-abate penalty?
Correct the hazard by the abatement date and certify abatement to OSHA within 10 calendar days after it, with documentation where required (29 CFR 1903.19(c), (d)). If you can't meet the date, file a petition for modification of abatement date (PMA) with the Area Director no later than the close of the next working day after it (29 CFR 1903.14a(c)).

Related terms

Free tools for this

More OSHA terms

Abatement

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 Director

The 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 Person

Under 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.

Citation

The 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 Conference

The 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.

Contest

An 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

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.

Put Failure-to-Abate into practice

Don't just read the definition — apply it. Use the free OSHA Fine Calculator to put real numbers behind Failure-to-Abate for your jobsite.

Get the Binder in Order Before the Inspector Arrives. Are You Ready?

OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.

Serious Violation

$16,550

per violation (max)

HazComFast Pro

$199/mo

10 jobsites, unlimited chemicals, unlimited workers

New sign-ups are paused. The free tools below need no account, and customers can log in as usual.

Your account keeps working as usual. Cancel anytime.