Skip to content

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

OSHA term · Glossary

Repeat Violation

Verified vs OSHA sources · 2026-10-05

A violation of any OSHA standard where the employer has already been cited for a substantially similar condition — and that earlier citation has become a final order — within the past 5 years. Because it signals a pattern, it carries penalties up to $165,514 per violation, the same maximum as a willful violation.

29 CFR 1903.15

Also known as: repeated violation

Repeat Violation at a glance

  • Maximum penalty up to $165,514 per violation (2026) — same as willful.
  • Requires a prior, substantially similar citation that became a final order.
  • OSHA generally looks back 5 years for the prior citation.
  • For multi-site employers, a citation at one location can support a repeat at another.

In plain English

Getting cited again for basically the same problem you were already cited for. OSHA treats the repeat as a pattern and cranks the maximum fine up to the same level as a willful violation.

What the source says, in summary

A repeated violation exists when an employer has been cited previously for a substantially similar condition or hazard and the prior citation has become a final order.
OSHA Field Operations ManualSummarized, not quoted: read the source for its operative wording.

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

A contractor cited for a missing guardrail on one jobsite is cited again for the same fall-protection failure on a different site 18 months later. The second is a repeat violation — up to $165,514, roughly ten times a first-time serious penalty.

Why it matters

Repeat classification is how a modest first citation becomes a six-figure one, and for companies with many sites it multiplies fast. It's a core reason to fix a hazard everywhere — not just where it was cited — and to track abatement across all locations.

Repeat vs. willful vs. failure-to-abate

A repeat is being cited again for a substantially similar hazard elsewhere/later. A willful is a knowing or plainly indifferent violation. A failure-to-abate is not fixing the exact cited hazard by the deadline (billed per day). All three carry elevated penalties, but on different grounds.

The elevated-penalty classifications (2026 maximums)

ClassificationBasisMax penalty
RepeatedSubstantially similar prior final citation (≈5 yr)$165,514
WillfulIntentional violation or plain indifference$165,514
Failure to abateCited hazard not corrected by the deadline$16,550/day

Repeat Violation: frequently asked questions

How far back does OSHA look for a repeat violation?
Generally 5 years. If the employer was cited for a substantially similar condition within that window and that citation became a final order, a new citation can be classified as repeated.
What's the difference between a repeat and a willful violation?
A repeat is based on a prior substantially similar citation (a pattern); a willful is based on the employer's intentional or plainly indifferent state of mind. Both carry the same maximum penalty, but OSHA proves them differently.
Can a citation at one site cause a repeat at another?
Yes. For a single employer, a final citation at one location can serve as the basis for a repeat classification at another location for a substantially similar hazard.

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 Repeat Violation into practice

Don't just read the definition — apply it. Use the free OSHA Fine Calculator to put real numbers behind Repeat Violation 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.