OSHA Penalties by State
OSHA Penalties in Delaware (2026)
Delaware is under federal OSHA jurisdiction, with no State Plan. In 2026, a serious violation carries up to $16,550 and a willful or repeat violation up to $165,514 (federal maximums).
Verified vs OSHA sources · 2026-10-05
Delaware is directly under federal OSHA, with no approved state plan. Federal OSHA inspects and cites employers in this state, and the federal civil-penalty amounts apply directly. A serious violation carries up to $16,550 and a willful or repeat violation up to $165,514 per violation in 2026.
29 CFR 1903.15OSHA 2026 adjustment memo2026 amounts unchanged from 2025, with no inflation increase.
Is Delaware federal OSHA or a state plan?
Delaware is a federal OSHA state. It has no approved state plan, so federal OSHA enforces directly.
Federal OSHA inspects and cites employers in this state, and the federal civil-penalty amounts apply directly.
29 CFR 190229 approved state plans
Compare all 29 plans, their agencies and their penalty caps on the OSHA State Plans hub.
Chemical inventory reporting (EPCRA Tier II) in Delaware
File online in the Tier II Manager system; one submission there meets the state and federal reporting requirements. Due March 1, covering the previous calendar year.
Delaware Tier II: filing system, deadline and fees, in the state's own words
Delaware Penalty Rates (2026)
Per-violation civil penalties. Delaware applies the federal amounts. 29 CFR 1903.15(d)
Serious Violation
$16,550
per violation (max)
Willful / Repeat
$165,514
per violation (max)
Failure to Abate
$16,550
per day
| Violation type | Minimum | Maximum | Citation |
|---|---|---|---|
| Serious | $1,085 | $16,550 | 29 CFR 1903.15(d)(3) |
| Other-Than-Serious | $0 | $16,550 | 29 CFR 1903.15(d)(4) |
| Willful | $11,823 | $165,514 | 29 CFR 1903.15(d)(1) |
| Repeated | $4,256 | $165,514 | 29 CFR 1903.15(d)(2) |
| Failure to Abate | None | $16,550 / day | 29 CFR 1903.15(d)(5) |
2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. Penalties are reduced for employer size, good faith, and clean history before assessment (FOM CPL 02-00-164 Ch.6). Use the calculator below for a realistic estimate.
Delaware Construction Enforcement (FY2025)
DOL data · counted 2026-09-26Federal OSHA inspections of Delaware construction employers (NAICS 23), October 1, 2024 – September 30, 2025. OSHA's cited-standards tool does not break federal-OSHA states out; these are HazComFast's counts from the Labor Department's enforcement data.
354
Construction citations
151
Inspections with citations
$1,715,046
Penalties (current amounts); $1,978,993 as first proposed
Counted by HazComFast from the U.S. Department of Labor's OSHA enforcement data (inspection and violation tables, retrieved September 26, 2026): citations issued October 1, 2024 – September 30, 2025 on federal OSHA inspections of construction employers (NAICS 23) in the state, deleted citations excluded, penalties at current amounts. OSHA's own cited-standards tool does not break federal states out; summed over every state, this count matches it within a few citations (6,778 for 1926.501, against 6,772). data.dol.gov National reference: 26,559 federal construction citations (OSHA Frequently Cited Standards, FY2025).
What federal OSHA cites most in Delaware construction
The ten standards cited most often in federal OSHA inspections of Delaware construction employers, FY2025 (354 citations across 42 standards). Section titles are the official eCFR headings.
| Rank | Standard | Citations | Share |
|---|---|---|---|
| #1 | 1926.501 Duty to have fall protectionSubpart M: Fall Protection | 86 | 24.3% |
| #2 | 1926.451 General requirementsSubpart L: Scaffolds | 35 | 9.9% |
| #3 | 1926.1053 LaddersSubpart X: Stairways and Ladders | 32 | 9% |
| #4 | 1926.503 Training requirementsSubpart M: Fall Protection | 17 | 4.8% |
| #5 | 1910.1200 Hazard communication | 16 | 4.5% |
| #5 | 1926.102 Eye and face protectionSubpart E: Personal Protective and Life Saving Equipment | 16 | 4.5% |
| #7 | 1926.453 Aerial liftsSubpart L: Scaffolds | 13 | 3.7% |
| #8 | 1926.1153 Respirable crystalline silicaSubpart Z: Toxic and Hazardous Substances | 12 | 3.4% |
| #9 | 1926.20 General safety and health provisionsSubpart C: General Safety and Health Provisions | 10 | 2.8% |
| #9 | 1926.100 Head protectionSubpart E: Personal Protective and Life Saving Equipment | 10 | 2.8% |
How Delaware compares with federal OSHA nationwide
2.34
citations per inspection (national: 2.46)
8.2%
of citations classified repeat (national: 8.7%); none willful
−13.3%
penalties now vs. as first proposed (national: −22.5%)
Counted by HazComFast from the U.S. Department of Labor's OSHA enforcement data (inspection and violation tables, retrieved September 26, 2026): citations issued October 1, 2024 – September 30, 2025 on federal OSHA inspections of construction employers (NAICS 23) in the state, deleted citations excluded, penalties at current amounts. OSHA's own cited-standards tool does not break federal states out; summed over every state, this count matches it within a few citations (6,778 for 1926.501, against 6,772). Classifications and penalty amounts are as recorded to date; open cases can still change them. data.dol.gov
Work fatality rates in Delaware, 2024
2.0
fatal injuries per 100,000 full-time workers, all industries
Not published
BLS did not publish a construction rate for this state in 2024
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 Delaware
Free, confidential help: OSHA On-Site Consultation
In Delaware, the program is Office of Safety and Health Consultation (Delaware Department of Labor – Division of Industrial Affairs). 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.
Who inspects private employers here
Federal OSHA, from the Wilmington Area Office (Wilmington).
Read on osha.gov and the state's official statute site, September 26, 2026.
Delaware OSHA Profile
- •Who enforces private construction: Federal OSHA, no State Plan.
- •Maximum penalties: $16,550 serious / $165,514 willful-repeat (federal), $16,550/dayfailure-to-abate.
- •To contest: under 29 CFR 1903.17(a), the notice of contest must be postmarked within 15 working days of receiving the citation and proposed penalty.
- •Federal FY2025: 354 construction citations in Delaware across 151 inspections ($1,715,046 in penalties, HazComFast count); 26,559 nationwide.
Frequently-Cited OSHA Standards & Delaware Guides
Frequently-cited OSHA construction standards, each with a guide specific to Delaware (penalties, common violations, checklist).The first count is federal OSHA's in Delaware (HazComFast count from Labor Department enforcement data); the second, where shown, is the national federal construction total from OSHA's tool, FY2025. These apply directly to private construction in Delaware.
- Fall Protection29 CFR 1926.50186 federal citations in Delaware · most-cited there · FY20256,772 citations · $44,891,816 · federal national FY2025
- HazCom / GHS29 CFR 1910.120016 federal citations in Delaware · #5 there · FY2025698 citations · $984,054 · federal national FY2025
- Ladders (Construction)29 CFR 1926.105332 federal citations in Delaware · #3 there · FY20252,758 citations · $9,582,763 · federal national FY2025
- Scaffolding29 CFR 1926.45135 federal citations in Delaware · #2 there · FY20252,152 citations · $7,646,921 · federal national FY2025
- Respiratory Protection29 CFR 1910.1343 federal citations in Delaware · #22 there · FY2025
- Lockout/Tagout (LOTO)29 CFR 1910.147
- Forklifts29 CFR 1910.1788 federal citations in Delaware · #13 there · FY2025
- Stairways (Construction)29 CFR 1926.1052
- PPE General Requirements29 CFR 1910.132
- Confined Spaces29 CFR 1910.146
Construction trades inspected most in Delaware
Inspections of construction employers opened in Delaware from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 187 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 238130 Framing Contractors | 53 | 28.3% |
| 238160 Roofing Contractors | 42 | 22.5% |
| 238140 Masonry Contractors | 12 | 6.4% |
| 238170 Siding Contractors | 10 | 5.3% |
| 236220 Commercial and Institutional Building Construction | 8 | 4.3% |
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 Delaware
▸Is Delaware a federal OSHA or state-plan state?
Delaware is directly under federal OSHA, with no approved state plan. Federal OSHA inspects and cites employers in this state, and the federal civil-penalty amounts apply directly.
▸What are the maximum OSHA penalties in Delaware in 2026?
Delaware applies the federal civil-penalty amounts (29 CFR 1903.15): Serious violations carry up to $16,550 each (other-than-serious the same), and Willful or Repeat violations up to $165,514 each. Failure-to-Abate runs up to $16,550 per day. These 2026 amounts are unchanged from 2025 (no inflation adjustment).
▸Does Delaware have its own OSHA plan?
No. Delaware has no state plan (federal OSHA); federal OSHA enforces all covered employers and the federal penalty amounts apply.
▸How many OSHA construction citations does Delaware see?
OSHA's cited-standards tool does not break out federal-OSHA states like Delaware, but the Labor Department's enforcement data do. In FY2025, federal OSHA inspections of Delaware construction employers produced 354 citations across 151 inspections, with $1,715,046 in penalties at current amounts ($1,978,993 as first proposed). That is a HazComFast count; nationally, federal OSHA construction inspections produced 26,559 citations (OSHA Frequently Cited Standards, NAICS 23).
▸Did OSHA penalties go up in 2026 in Delaware?
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. Do not treat 2026 as an increase.
▸Which OSHA violations are cited most in Delaware construction?
In FY2025, federal OSHA cited 29 CFR 1926.501 (Duty to have fall protection) most often in Delaware construction, 86 times, followed by 29 CFR 1926.451 (35) and 29 CFR 1926.1053 (32) (HazComFast count from Labor Department enforcement data). 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 OSHA before relying on them.
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OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.
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