OSHA Penalties by State
OSHA Penalties in Virginia (2026)
Virginia runs an OSHA-approved State Plan administered by Virginia Occupational Safety and Health (VOSH), covering private-sector employers. In 2026, a serious violation carries up to $16,287 and a willful or repeat violation up to $162,849 under the state's own maximums.
Verified vs OSHA sources · 2026-10-05
Virginia 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 $16,287 and a willful or repeat violation up to $162,849 per violation in 2026.
29 CFR 1903.15state statute2026 amounts unchanged from 2025, with no inflation increase.
Is Virginia federal OSHA or a state plan?
Virginia runs a full OSHA-approved state plan covering private and public employers, administered by Virginia Occupational Safety and Health (VOSH).
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 Virginia plan works, its own standards and its HazCom rule: Virginia State Plan guide.
Whose HazCom rule applies in Virginia?
Virginia takes the federal hazard communication text. It is one of 12 full State Plans that do, out of 22.
Virginia takes the federal text, but its recorded HazCom amendments stop before the 2026 extension: confirm the operative date with DOLI.
Rule: 16VAC25-90
Virginia adopts the federal general-industry standards identically and records an amendment date per CFR section. Its 1910.1200 entry (and Appendices A–D) shows amendments effective November 20, 2024 and July 30, 2025. The most recent recorded amendment predates the January 15, 2026 federal extension.
Adoption verified 2026-08-07 against OSHA’s state-plan record. HCS 2024 deadlines by state plan.
Chemical inventory reporting (EPCRA Tier II) in Virginia
Save the report in Tier2 Submit as a .t2s file and email it to va-epcra@deq.virginia.gov with a signed certification letter. Due March 1 every year.
Virginia Tier II: filing system, deadline and fees, in the state's own words
Virginia Penalty Rates (2026)
Per-violation civil penalties. Virginia sets its own maximums (see note below). Va. Code §40.1-49.4State-set figures, effective August 1, 2025 (Va. Code §40.1-49.4(P), CPI-U 1.02598; the August 1, 2026 readjustment has not been read here).
Serious Violation
$16,287
per violation (max)
Willful / Repeat
$162,849
per violation (max)
Failure to Abate
State schedule
per day, state schedule
Virginia sets its own penalty maximums. Virginia (Code of Virginia §40.1-49.4) sets its own maximums, CPI-adjusted each August 1 and running slightly below federal: serious up to $16,287; willful/repeat up to $162,849 (willful minimum $10,000).
| Violation type | Minimum | Maximum | Citation |
|---|---|---|---|
| Serious | State schedule | $16,287 | Va. Code §40.1-49.4 |
| Other-Than-Serious | $0 | $16,287 | Va. Code §40.1-49.4 |
| Willful | State schedule | $162,849 | Va. Code §40.1-49.4 |
| Repeated | State schedule | $162,849 | Va. Code §40.1-49.4 |
| Failure to Abate | None | state schedule | Va. Code §40.1-49.4 |
Virginia 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.
Virginia Construction Enforcement (FY2025)
OSHA · FY2025Construction (NAICS 23) enforcement by Virginia Occupational Safety and Health (VOSH) for October 1, 2024 – September 30, 2025.
1,753
Construction citations
517
Inspections with citations
$5,106,609
Penalties (current amounts)
Source: OSHA Frequently Cited Standards, NAICS 23 (Virginia, FY2025).
Work fatality rates in Virginia, 2024
3.2
fatal injuries per 100,000 full-time workers, all industries
13.6
per 100,000 full-time workers in construction, 6th 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 Virginia
Free, confidential help: OSHA On-Site Consultation
In Virginia, the program is Occupational Safety and Health – Training and Consultation (Virginia Department of Labor & Industry). 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.
Virginia OSHA Profile
- •Who enforces private construction: Virginia Occupational Safety and Health (VOSH) (State Plan).
- •Maximum penalties: $16,287 serious / $162,849 willful-repeat (state-set), state-schedulefailure-to-abate.
- •To contest: Virginia Occupational Safety and Health (VOSH) runs its own contest and review process under state law; the deadline is on the citation.
- •FY2025 enforcement: 1,753 construction citations across 517 inspections ($5,106,609 in penalties).
Frequently-Cited OSHA Standards & Virginia Guides
Frequently-cited OSHA construction standards, each with a guide specific to Virginia (penalties, common violations, checklist).Where shown, citation counts are federal OSHA construction totals, national, FY2025. Virginia Occupational Safety and Health (VOSH) enforces its own equivalent requirements in Virginia.
- 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 Virginia
Inspections of construction employers opened in Virginia from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 1,222 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 236220 Commercial and Institutional Building Construction | 210 | 17.2% |
| 238160 Roofing Contractors | 156 | 12.8% |
| 238130 Framing Contractors | 105 | 8.6% |
| 238220 Plumbing, Heating, and Air-Conditioning Contractors | 90 | 7.4% |
| 238210 Electrical Contractors and Other Wiring Installation Contractors | 80 | 6.5% |
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 Virginia
▸Is Virginia a federal OSHA or state-plan state?
Virginia 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 Virginia in 2026?
Virginia sets its own maximums: Virginia (Code of Virginia §40.1-49.4) sets its own maximums, CPI-adjusted each August 1 and running slightly below federal: serious up to $16,287; willful/repeat up to $162,849 (willful minimum $10,000). Serious violations carry up to $16,287 each (other-than-serious the same), and Willful or Repeat violations up to $162,849 each. Failure-to-Abate runs up to the amount in the state schedule. These 2026 amounts are unchanged from 2025 (no inflation adjustment).
▸Does Virginia have its own OSHA plan?
Yes. Virginia operates a full state plan administered by Virginia Occupational Safety and Health (VOSH), 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 Virginia see?
In FY2025 (October 1, 2024 – September 30, 2025), OSHA construction inspections in Virginia produced 1,753 citations across 517 inspections, with $5,106,609 in penalties at current amounts (OSHA Frequently Cited Standards, NAICS 23, Construction). Because Virginia runs its own State Plan, these are the state agency's own figures.
▸Did OSHA penalties go up in 2026 in Virginia?
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. Virginia's state-set maximums are tracked separately by Virginia Occupational Safety and Health (VOSH). Do not treat 2026 as an increase.
▸Which OSHA violations are cited most in Virginia construction?
Virginia Occupational Safety and Health (VOSH) cited 29 CFR 1926.501 most often in Virginia construction in FY2025, 223 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 Virginia Occupational Safety and Health (VOSH) 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, Virginia
$16,287
per violation (max)
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