OSHA Penalties by State
OSHA Penalties in Maryland (2026)
Maryland runs an OSHA-approved State Plan administered by Maryland Occupational Safety and Health (MOSH), covering private-sector employers. In 2026, a serious violation carries up to $16,550 and a willful or repeat violation up to $165,514 under the state's own maximums.
Verified vs OSHA sources · 2026-10-05
Maryland 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 $16,550 and a willful or repeat violation up to $165,514 per violation in 2026.
29 CFR 1903.15state statute2026 amounts unchanged from 2025, with no inflation increase.
Is Maryland federal OSHA or a state plan?
Maryland runs a full OSHA-approved state plan covering private and public employers, administered by Maryland Occupational Safety and Health (MOSH).
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. How the Maryland plan works, its own standards and its HazCom rule: Maryland State Plan guide.
Whose HazCom rule applies in Maryland?
Maryland takes the federal hazard communication text. It is one of 12 full State Plans that do, out of 22.
Maryland incorporates the federal standards by reference and writes its own rules in ten other areas: hazard communication is not one of them.
Rule: MOSH: federal standards incorporated by reference
OSHA's Maryland state-plan page records that "MOSH has adopted all federal OSHA standards that would relate to public and private sector employer operations which are incorporated by reference." Maryland's own standards cover indoor smoking, confined spaces, personnel platforms, tree care, formaldehyde, steel-erection fall protection, cranes, lead in construction, excavations and field sanitation: hazard communication is not among them. Note for anyone tracing Maryland's rules: COMAR 09.12.21.02 and the 2026 "as amended" change published in the Maryland Register both concern 29 CFR Part 1904 recordkeeping, not Part 1910. This is OSHA's record of the plan rather than a quotation from a Maryland regulation.
Adoption verified 2026-08-07 against OSHA’s state-plan record. HCS 2024 deadlines by state plan.
Maryland Penalty Rates (2026)
Per-violation civil penalties. Maryland sets its own maximums (see note below). Md. Code, Lab. & Empl. §5-810State-set figures, effective July 15, 2025 (MOSH Current Penalty Maximums & Minimum Willful Amounts, labor.maryland.gov, read 2026-10-02).
Serious Violation
$16,550
per violation (max)
Willful / Repeat
$165,514
per violation (max)
Failure to Abate
$16,550
per day
Maryland sets its own penalty maximums. Maryland sets its penalties under Labor and Employment §5-810, and the Commissioner of Labor and Industry adjusts them each July 15 on the CPI-U. MOSH's current amounts, effective July 15, 2025: up to $16,550 per violation, up to $16,550 for each day a violation is not corrected, up to $165,514 per willful or repeated violation, and a minimum of $16,550 per willful violation.
| Violation type | Minimum | Maximum | Citation |
|---|---|---|---|
| Serious | State schedule | $16,550 | Md. Code, Lab. & Empl. §5-810 |
| Other-Than-Serious | $0 | $16,550 | Md. Code, Lab. & Empl. §5-810 |
| Willful | $16,550 | $165,514 | Md. Code, Lab. & Empl. §5-810 |
| Repeated | State schedule | $165,514 | Md. Code, Lab. & Empl. §5-810 |
| Failure to Abate | None | $16,550 / day | Md. Code, Lab. & Empl. §5-810 |
Maryland 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.
Maryland Construction Enforcement (FY2025)
OSHA · FY2025Construction (NAICS 23) enforcement by Maryland Occupational Safety and Health (MOSH) for October 1, 2024 – September 30, 2025.
4,132
Construction citations
621
Inspections with citations
$3,575,996
Penalties (current amounts)
Source: OSHA Frequently Cited Standards, NAICS 23 (Maryland, FY2025).
Work fatality rates in Maryland, 2024
3.2
fatal injuries per 100,000 full-time workers, all industries
7.6
per 100,000 full-time workers in construction, 31st 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 Maryland
Free, confidential help: OSHA On-Site Consultation
In Maryland, the program is MOSH Consultation Services (Department of Labor, Licensing and Regulation). 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.
Read on osha.gov and the state's official statute site, September 26, 2026.
Maryland OSHA Profile
- •Who enforces private construction: Maryland Occupational Safety and Health (MOSH) (State Plan).
- •Maximum penalties: $16,550 serious / $165,514 willful-repeat (state-set), $16,550/dayfailure-to-abate.
- •To contest: Maryland Occupational Safety and Health (MOSH) runs its own contest and review process under state law; the deadline is on the citation.
- •FY2025 enforcement: 4,132 construction citations across 621 inspections ($3,575,996 in penalties).
Frequently-Cited OSHA Standards & Maryland Guides
Frequently-cited OSHA construction standards, each with a guide specific to Maryland (penalties, common violations, checklist).Where shown, citation counts are federal OSHA construction totals, national, FY2025. Maryland Occupational Safety and Health (MOSH) enforces its own equivalent requirements in Maryland.
- 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 Maryland
Inspections of construction employers opened in Maryland from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 798 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 238160 Roofing Contractors | 274 | 34.3% |
| 238130 Framing Contractors | 149 | 18.7% |
| 236220 Commercial and Institutional Building Construction | 63 | 7.9% |
| 238170 Siding Contractors | 46 | 5.8% |
| 238210 Electrical Contractors and Other Wiring Installation Contractors | 40 | 5% |
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 Maryland
▸Is Maryland a federal OSHA or state-plan state?
Maryland 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 Maryland in 2026?
Maryland sets its own maximums: Maryland sets its penalties under Labor and Employment §5-810, and the Commissioner of Labor and Industry adjusts them each July 15 on the CPI-U. MOSH's current amounts, effective July 15, 2025: up to $16,550 per violation, up to $16,550 for each day a violation is not corrected, up to $165,514 per willful or repeated violation, and a minimum of $16,550 per willful violation. 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 Maryland have its own OSHA plan?
Yes. Maryland operates a full state plan administered by Maryland Occupational Safety and Health (MOSH), 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 Maryland see?
In FY2025 (October 1, 2024 – September 30, 2025), OSHA construction inspections in Maryland produced 4,132 citations across 621 inspections, with $3,575,996 in penalties at current amounts (OSHA Frequently Cited Standards, NAICS 23, Construction). Because Maryland runs its own State Plan, these are the state agency's own figures.
▸Did OSHA penalties go up in 2026 in Maryland?
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. Maryland's state-set maximums are tracked separately by Maryland Occupational Safety and Health (MOSH). Do not treat 2026 as an increase.
▸Which OSHA violations are cited most in Maryland construction?
Maryland Occupational Safety and Health (MOSH) cited 29 CFR 1910.1200 most often in Maryland construction in FY2025, 609 times (OSHA Frequently Cited Standards). 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 Maryland Occupational Safety and Health (MOSH) 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, Maryland
$16,550
per violation (max)
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