OSHA Penalties by State
OSHA Penalties in New Jersey (2026)
New Jersey has a public-employee-only State Plan run by NJ Public Employees Occupational Safety and Health (PEOSH); private-sector construction is under federal OSHA. 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
New Jersey is a state plan for public employers only: it covers state and local government workers, while private-sector employers fall under federal OSHA. If you are a private contractor here, federal OSHA enforces your worksite and the federal penalty amounts apply. The state plan covers only state and local government employees. 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 New Jersey federal OSHA or a state plan?
New Jersey has a public-sector-only state plan (NJ Public Employees Occupational Safety and Health (PEOSH)). Private-sector construction falls under federal OSHA.
If you are a private contractor here, federal OSHA enforces your worksite and the federal penalty amounts apply. The state plan covers only state and local government employees.
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 New Jersey
New Jersey collects the inventory as its own Community Right to Know Survey (eCRTK), filed online only, through NJDEP Online. Due by March 1 every year.
New Jersey Tier II: filing system, deadline and fees, in the state's own words
New Jersey Penalty Rates (2026)
Per-violation civil penalties. New Jersey 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.
New Jersey Construction Enforcement (FY2025)
DOL data · counted 2026-09-26Federal OSHA inspections of New Jersey 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.
1,109
Construction citations
529
Inspections with citations
$5,845,684
Penalties (current amounts); $7,567,665 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 New Jersey construction
The ten standards cited most often in federal OSHA inspections of New Jersey construction employers, FY2025 (1,109 citations across 55 standards). Section titles are the official eCFR headings.
| Rank | Standard | Citations | Share |
|---|---|---|---|
| #1 | 1926.501 Duty to have fall protectionSubpart M: Fall Protection | 303 | 27.3% |
| #2 | 1926.451 General requirementsSubpart L: Scaffolds | 188 | 17% |
| #3 | 1926.1053 LaddersSubpart X: Stairways and Ladders | 110 | 9.9% |
| #4 | 1926.503 Training requirementsSubpart M: Fall Protection | 58 | 5.2% |
| #5 | 1926.102 Eye and face protectionSubpart E: Personal Protective and Life Saving Equipment | 43 | 3.9% |
| #5 | 1926.1153 Respirable crystalline silicaSubpart Z: Toxic and Hazardous Substances | 43 | 3.9% |
| #7 | 1926.502 Fall protection systems criteria and practicesSubpart M: Fall Protection | 32 | 2.9% |
| #8 | 1926.453 Aerial liftsSubpart L: Scaffolds | 29 | 2.6% |
| #9 | 1926.100 Head protectionSubpart E: Personal Protective and Life Saving Equipment | 27 | 2.4% |
| #10 | 1926.651 Specific excavation requirementsSubpart P: Excavations | 24 | 2.2% |
How New Jersey compares with federal OSHA nationwide
2.1
citations per inspection (national: 2.46)
8.2%
of citations classified repeat (national: 8.7%); 28 willful
−22.8%
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 New Jersey, 2024
1.9
fatal injuries per 100,000 full-time workers, all industries
6.1
per 100,000 full-time workers in construction, 38th 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 New Jersey
Free, confidential help: OSHA On-Site Consultation
In New Jersey, the program is OSHA On-Site Consultation Service (New Jersey Department of Labor and Workforce Development). 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.
New Jersey consultation program · OSHA consultation directory
A State Plan for public employers only
“PEOSH covers all state and local government workers in the state.” “OSHA also exercises authority over private sector employers in the state and federal OSHA standards apply to these workers.”
Initial approval January 11, 2001 · 29 CFR 1952.25 · osha.gov
Who inspects private employers here
Federal OSHA, from the Avenel Area Office (Avenel), the Hasbrouck Heights Area Office (Hasbrouck Heights), the Marlton Area Office (Marlton) and the Parsippany Area Office (Parsippany).
Read on osha.gov and the state's official statute site, September 26, 2026.
New Jersey OSHA Profile
- •Who enforces private construction: Federal OSHA (NJ Public Employees Occupational Safety and Health (PEOSH) covers only public employees).
- •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: 1,109 construction citations in New Jersey across 529 inspections ($5,845,684 in penalties, HazComFast count); 26,559 nationwide.
Frequently-Cited OSHA Standards & New Jersey Guides
Frequently-cited OSHA construction standards, each with a guide specific to New Jersey (penalties, common violations, checklist).The first count is federal OSHA's in New Jersey (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 New Jersey.
- Fall Protection29 CFR 1926.501303 federal citations in New Jersey · most-cited there · FY20256,772 citations · $44,891,816 · federal national FY2025
- HazCom / GHS29 CFR 1910.120022 federal citations in New Jersey · #11 there · FY2025698 citations · $984,054 · federal national FY2025
- Ladders (Construction)29 CFR 1926.1053110 federal citations in New Jersey · #3 there · FY20252,758 citations · $9,582,763 · federal national FY2025
- Scaffolding29 CFR 1926.451188 federal citations in New Jersey · #2 there · FY20252,152 citations · $7,646,921 · federal national FY2025
- Respiratory Protection29 CFR 1910.13416 federal citations in New Jersey · #13 there · FY2025
- Lockout/Tagout (LOTO)29 CFR 1910.147
- Forklifts29 CFR 1910.17810 federal citations in New Jersey · #19 there · FY2025
- Stairways (Construction)29 CFR 1926.105215 federal citations in New Jersey · #14 there · FY2025
- PPE General Requirements29 CFR 1910.132
- Confined Spaces29 CFR 1910.1461 federal citations in New Jersey · #39 there · FY2025
Construction trades inspected most in New Jersey
Inspections of construction employers opened in New Jersey from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 1,078 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 238130 Framing Contractors | 195 | 18.1% |
| 237310 Highway, Street, and Bridge Construction | 176 | 16.3% |
| 238160 Roofing Contractors | 163 | 15.1% |
| 238140 Masonry Contractors | 94 | 8.7% |
| 236220 Commercial and Institutional Building Construction | 78 | 7.2% |
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 New Jersey
▸Is New Jersey a federal OSHA or state-plan state?
New Jersey is a state plan for public employers only: it covers state and local government workers, while private-sector employers fall under federal OSHA. If you are a private contractor here, federal OSHA enforces your worksite and the federal penalty amounts apply. The state plan covers only state and local government employees.
▸What are the maximum OSHA penalties in New Jersey in 2026?
New Jersey 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 New Jersey have its own OSHA plan?
New Jersey has a public-sector-only state plan (administered by NJ Public Employees Occupational Safety and Health (PEOSH)), which covers only state and local government workers. Private-sector employers are inspected and cited by federal OSHA.
▸How many OSHA construction citations does New Jersey see?
OSHA's cited-standards tool does not break out federal-OSHA states like New Jersey, but the Labor Department's enforcement data do. In FY2025, federal OSHA inspections of New Jersey construction employers produced 1,109 citations across 529 inspections, with $5,845,684 in penalties at current amounts ($7,567,665 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 New Jersey?
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 New Jersey construction?
In FY2025, federal OSHA cited 29 CFR 1926.501 (Duty to have fall protection) most often in New Jersey construction, 303 times, followed by 29 CFR 1926.451 (188) and 29 CFR 1926.1053 (110) (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 NJ Public Employees Occupational Safety and Health (PEOSH) 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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$16,550
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