OSHA Penalties by State
OSHA Penalties in California (2026)
California runs an OSHA-approved State Plan administered by Cal/OSHA (Division of Occupational Safety and Health), covering private-sector employers. In 2026, a serious violation carries up to $25,000 and a willful or repeat violation up to $162,851 under the state's own maximums.
Verified vs OSHA sources · 2026-10-05
California is an OSHA-approved State Plan covering both private and public employers. Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums. A serious violation carries up to $25,000 and a willful or repeat violation up to $162,851 per violation in 2026.
29 CFR 1903.15state statute2026 amounts unchanged from 2025, with no inflation increase.
Is California federal OSHA or a state plan?
California runs a full OSHA-approved state plan covering private and public employers, administered by Cal/OSHA (Division of Occupational Safety and Health).
Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums.
29 CFR 190229 approved state plans
Compare all 29 plans, their agencies and their penalty caps on the OSHA State Plans hub.
Whose HazCom rule applies in California?
California has its own hazard communication rule to read. OSHA lists hazard communication among this plan’s own standards, one of 10 full State Plans, out of 22. That label says a state rule exists, not what it contains: some states write a separate text, some deliver the federal text under their own numbering at fixed dates, and some add a state right-to-know layer on top of the federal standard.
California enforces §5194, which is still the 2012 standard. Do not assume the federal November 20, 2026 date applies to a California jobsite. Note when cross-checking: OSHA's California state-plan page files the subject under "Toxic Chemical Handling and Exposure" rather than naming hazard communication.
Rule: 8 CCR §5194
§5194 has not been updated for HCS 2024: its transition paragraph still reads "by December 1, 2013" and "no later than June 1, 2015", its newest rulemaking-history entry is a 2016 change without regulatory effect, and it contains none of the three hazard classes the 2024 federal rule added.
Adoption verified 2026-08-07 against OSHA’s state-plan record. HCS 2024 deadlines by state plan.
California Penalty Rates (2026)
Per-violation civil penalties. California sets its own maximums (see note below). 8 CCR §336State-set figures, effective 2025 schedule under 8 CCR §336 (dir.ca.gov, read 2026-09-15).
Serious Violation
$25,000
per violation (max)
Willful / Repeat
$162,851
per violation (max)
Failure to Abate
$15,000
per day
California sets its own penalty maximums. Cal/OSHA sets its own maximums (8 CCR §336; willful/repeat adjusted annually, 2025 amount): serious up to $25,000 (statutory cap); willful/repeat up to $162,851.
| Violation type | Minimum | Maximum | Citation |
|---|---|---|---|
| Serious | State schedule | $25,000 | 8 CCR §336 |
| Other-Than-Serious | $0 | $16,285 | 8 CCR §336 |
| Willful | $11,632 | $162,851 | 8 CCR §336 |
| Repeated | State schedule | $162,851 | 8 CCR §336 |
| Failure to Abate | None | $15,000 / day | 8 CCR §336 |
California sets these maximums by state law; reductions for size, good faith and history follow the state agency’s own penalty policy, not the federal manual.
California Construction Enforcement (FY2025)
OSHA · FY2025Construction (NAICS 23) enforcement by Cal/OSHA (Division of Occupational Safety and Health) for October 1, 2024 – September 30, 2025.
3,546
Construction citations
1,325
Inspections with citations
$10,295,152
Penalties (current amounts)
Source: OSHA Frequently Cited Standards, NAICS 23 (California, FY2025).
Work fatality rates in California, 2024
2.4
fatal injuries per 100,000 full-time workers, all industries
6.2
per 100,000 full-time workers in construction, 37th highest of the 40 states BLS published
Source: BLS Census of Fatal Occupational Injuries: fatal injury rates by state of incident and industry, all ownerships, 2024 . BLS computes state rates with CPS and LAUS data; they rank states against each other and are not compared here with the national hours-based rate.
Help and oversight in California
Free, confidential help: OSHA On-Site Consultation
In California, the program is CAL/OSHA Consultation Services Branch (Department of Industrial Relations). OSHA describes it as “Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs.” It is separate from OSHA enforcement; the employer commits to correcting serious hazards.
California consultation program · OSHA consultation directory
Read on osha.gov and the state's official statute site, September 26, 2026.
California OSHA Profile
- •Who enforces private construction: Cal/OSHA (Division of Occupational Safety and Health) (State Plan).
- •Maximum penalties: $25,000 serious / $162,851 willful-repeat (state-set), $15,000/dayfailure-to-abate.
- •To contest: Cal/OSHA (Division of Occupational Safety and Health) runs its own contest and review process under state law; the deadline is on the citation.
- •FY2025 enforcement: 3,546 construction citations across 1,325 inspections ($10,295,152 in penalties).
Frequently-Cited OSHA Standards & California Guides
Frequently-cited OSHA construction standards, each with a guide specific to California (penalties, common violations, checklist).Where shown, citation counts are federal OSHA construction totals, national, FY2025. Cal/OSHA (Division of Occupational Safety and Health) enforces its own equivalent requirements in California.
- Fall Protection29 CFR 1926.5016,772 citations · $44,891,816 · federal national FY2025
- HazCom / GHS29 CFR 1910.1200698 citations · $984,054 · federal national FY2025
- Ladders (Construction)29 CFR 1926.10532,758 citations · $9,582,763 · federal national FY2025
- Scaffolding29 CFR 1926.4512,152 citations · $7,646,921 · federal national FY2025
- Respiratory Protection29 CFR 1910.134
- Lockout/Tagout (LOTO)29 CFR 1910.147
- Forklifts29 CFR 1910.178
- Stairways (Construction)29 CFR 1926.1052
- PPE General Requirements29 CFR 1910.132
- Confined Spaces29 CFR 1910.146
Construction trades inspected most in California
Inspections of construction employers opened in California from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 2,196 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 236220 Commercial and Institutional Building Construction | 395 | 18% |
| 238160 Roofing Contractors | 223 | 10.2% |
| 236115 New Single-Family Housing Construction (except For-Sale Builders) | 198 | 9% |
| 238220 Plumbing, Heating, and Air-Conditioning Contractors | 127 | 5.8% |
| 238130 Framing Contractors | 113 | 5.1% |
HazComFast count from the Labor Department's OSHA enforcement data: inspections of construction employers (NAICS 23) opened from October 1, 2024 to September 30, 2025, federal OSHA and State Plan combined, grouped by the inspected employer's 2022 NAICS industry. data.dol.gov · NAICS 2022, sector 23
FAQ: OSHA in California
▸Is California a federal OSHA or state-plan state?
California is an OSHA-approved State Plan covering both private and public employers. Private-sector construction employers in this state answer to the state plan, not federal OSHA. Its standards must be at least as effective as federal OSHA, and some state plans set higher penalty maximums.
▸What are the maximum OSHA penalties in California in 2026?
California sets its own maximums: Cal/OSHA sets its own maximums (8 CCR §336; willful/repeat adjusted annually, 2025 amount): serious up to $25,000 (statutory cap); willful/repeat up to $162,851. Serious violations carry up to $25,000 each (other-than-serious up to $16,285), and Willful or Repeat violations up to $162,851 each. Failure-to-Abate runs up to $15,000 per day. These 2026 amounts are unchanged from 2025 (no inflation adjustment).
▸Does California have its own OSHA plan?
Yes. California operates a full state plan administered by Cal/OSHA (Division of Occupational Safety and Health), covering both private and public employers. State plans must be "at least as effective" as federal OSHA and may set higher penalties.
▸How many OSHA construction citations does California see?
In FY2025 (October 1, 2024 – September 30, 2025), OSHA construction inspections in California produced 3,546 citations across 1,325 inspections, with $10,295,152 in penalties at current amounts (OSHA Frequently Cited Standards, NAICS 23, Construction). Because California runs its own State Plan, these are the state agency's own figures.
▸Did OSHA penalties go up in 2026 in California?
No. The 2026 federal maximums are unchanged from 2025 because the required CPI adjustment was not published (OMB Memo M-26-11), so the 2025 amounts carry forward unchanged. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these figures. California's state-set maximums are tracked separately by Cal/OSHA (Division of Occupational Safety and Health). Do not treat 2026 as an increase.
▸Which OSHA violations are cited most in California construction?
Cal/OSHA (Division of Occupational Safety and Health) cites its own state rules, so OSHA's cited-standards tool lists its construction citations under state section numbers rather than federal CFR numbers. Nationally, federal OSHA cited fall protection (29 CFR 1926.501) most often in construction in FY2025, 6,772 times (OSHA Frequently Cited Standards).
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Sources & verification
- OSHA Penalties (osha.gov/penalties)
- OSHA State Plans (osha.gov/stateplans)
- 2026 Annual Adjustments to OSHA Civil Penalties
Penalty amounts and plan status were checked against OSHA sources on 2026-10-05. This page is general information, not legal advice. State plans set their own amounts and procedures; confirm current figures with Cal/OSHA (Division of Occupational Safety and Health) before relying on them.
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, California
$25,000
per violation (max)
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