OSHA Penalties by State
OSHA Penalties in New York (2026)
New York has a public-employee-only State Plan run by New York State Department of Labor (PESH); 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 York 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 York federal OSHA or a state plan?
New York has a public-sector-only state plan (New York State Department of Labor (PESH)). 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.
New York Penalty Rates (2026)
Per-violation civil penalties. New York 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 York Construction Enforcement (FY2025)
DOL data · counted 2026-09-26Federal OSHA inspections of New York 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.
1,704
Construction citations
725
Inspections with citations
$7,245,097
Penalties (current amounts); $9,238,287 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 York construction
The ten standards cited most often in federal OSHA inspections of New York construction employers, FY2025 (1,704 citations across 72 standards). Section titles are the official eCFR headings.
| Rank | Standard | Citations | Share |
|---|---|---|---|
| #1 | 1926.501 Duty to have fall protectionSubpart M: Fall Protection | 411 | 24.1% |
| #2 | 1926.1053 LaddersSubpart X: Stairways and Ladders | 182 | 10.7% |
| #3 | 1926.451 General requirementsSubpart L: Scaffolds | 173 | 10.2% |
| #4 | 1926.503 Training requirementsSubpart M: Fall Protection | 116 | 6.8% |
| #5 | 1926.102 Eye and face protectionSubpart E: Personal Protective and Life Saving Equipment | 64 | 3.8% |
| #6 | 1910.134 Respiratory protectionSubpart I: Personal Protective Equipment | 49 | 2.9% |
| #7 | 1903.19 Abatement verification | 48 | 2.8% |
| #8 | 1926.62 LeadSubpart D: Occupational Health and Environmental Controls | 47 | 2.8% |
| #9 | 1910.1200 Hazard communication | 44 | 2.6% |
| #9 | 1926.100 Head protectionSubpart E: Personal Protective and Life Saving Equipment | 44 | 2.6% |
How New York compares with federal OSHA nationwide
2.35
citations per inspection (national: 2.46)
5.3%
of citations classified repeat (national: 8.7%); 28 willful
−21.6%
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 York, 2024
2.4
fatal injuries per 100,000 full-time workers, all industries
8.9
per 100,000 full-time workers in construction, 24th 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 York
Free, confidential help: OSHA On-Site Consultation
In New York, the program is New York State Department of Labor (On-site Consultation). 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.
A State Plan for public employers only
“New York PESH 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 June 01, 1984 · 29 CFR 1952.24 · osha.gov
Who inspects private employers here
Federal OSHA, from the Albany Area Office (Albany), the Buffalo Area Office (Buffalo), the Long Island Area Office (Westbury), the Manhattan Area Office (New York), the Queens District Office of the Manhattan Area Office (Little Neck), the Syracuse Area Office (North Syracuse) and the Tarrytown Area Office (Tarrytown).
Read on osha.gov and the state's official statute site, September 26, 2026.
New York OSHA Profile
- •Who enforces private construction: Federal OSHA (New York State Department of Labor (PESH) 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: 1,704 construction citations in New York across 725 inspections ($7,245,097 in penalties, HazComFast count); 26,559 nationwide.
Frequently-Cited OSHA Standards & New York Guides
Frequently-cited OSHA construction standards, each with a guide specific to New York (penalties, common violations, checklist).The first count is federal OSHA's in New York (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 York.
- Fall Protection29 CFR 1926.501411 federal citations in New York · most-cited there · FY20256,772 citations · $44,891,816 · federal national FY2025
- HazCom / GHS29 CFR 1910.120044 federal citations in New York · #9 there · FY2025698 citations · $984,054 · federal national FY2025
- Ladders (Construction)29 CFR 1926.1053182 federal citations in New York · #2 there · FY20252,758 citations · $9,582,763 · federal national FY2025
- Scaffolding29 CFR 1926.451173 federal citations in New York · #3 there · FY20252,152 citations · $7,646,921 · federal national FY2025
- Respiratory Protection29 CFR 1910.13449 federal citations in New York · #6 there · FY2025
- Lockout/Tagout (LOTO)29 CFR 1910.1473 federal citations in New York · #40 there · FY2025
- Forklifts29 CFR 1910.1787 federal citations in New York · #32 there · FY2025
- Stairways (Construction)29 CFR 1926.105222 federal citations in New York · #18 there · FY2025
- PPE General Requirements29 CFR 1910.1321 federal citations in New York · #55 there · FY2025
- Confined Spaces29 CFR 1910.146
Construction trades inspected most in New York
Inspections of construction employers opened in New York from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 1,584 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 238160 Roofing Contractors | 337 | 21.3% |
| 237310 Highway, Street, and Bridge Construction | 186 | 11.7% |
| 236220 Commercial and Institutional Building Construction | 137 | 8.6% |
| 238140 Masonry Contractors | 92 | 5.8% |
| 238130 Framing Contractors | 77 | 4.9% |
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 York
▸Is New York a federal OSHA or state-plan state?
New York 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 York in 2026?
New York 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 York have its own OSHA plan?
New York has a public-sector-only state plan (administered by New York State Department of Labor (PESH)), 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 York see?
OSHA's cited-standards tool does not break out federal-OSHA states like New York, but the Labor Department's enforcement data do. In FY2025, federal OSHA inspections of New York construction employers produced 1,704 citations across 725 inspections, with $7,245,097 in penalties at current amounts ($9,238,287 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 York?
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 York construction?
In FY2025, federal OSHA cited 29 CFR 1926.501 (Duty to have fall protection) most often in New York construction, 411 times, followed by 29 CFR 1926.1053 (182) and 29 CFR 1926.451 (173) (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).
OSHA Fine Calculator
Estimate penalties with size/good-faith/history reductions
HazCom Audit Checklist
Self-audit before OSHA shows up
GHS Label Generator
Compliant secondary-container labels
HazCom Program Generator
Generate your written program in minutes
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 New York State Department of Labor (PESH) 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
$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.