How OSHA calculates a penalty (the real method)
OSHA does not pick fines at random. Compliance officers follow the Field Operations Manual (CPL 02-00-164), Chapter 6 — the same four steps the calculator above uses:
- Gravity-Based Penalty (GBP). The starting point is set by the severity of the potential injury times the probability it occurs, read off OSHA’s published gravity table. It runs from $7,093 to $16,550. Serious, other-than-serious and repeated violations all start there — a repeat is first evaluated as serious or other-than-serious, and its multiplier is applied to that figure afterwards, not to the $165,514 ceiling. Willful is the exception: OSHA publishes no willful gravity table, so the estimator scales gravity across the willful range instead, and says so at that step.
- Size credit. Smaller employers get a large reduction — up to 70% for 1–25 employees (FOM Table 6-2, updated July 2025).
- Good-faith & history credits. Up to 25% off for good faith — OSHA looks for an effective safety and health program, not just a written document — and 20% off for a clean 5-year inspection record. Willful and high-gravity serious violations receive no good-faith credit.
- Clamp & settle. The result is capped at the regulatory maximum (and floored at the regulatory minimum for willful and repeat violations). After the citation, penalties are commonly reduced at an informal conference (29 CFR 1903.20).
2026 OSHA penalty amounts
The 2025 amounts remain in effect for 2026 — OSHA made no inflation adjustment (OMB Memo M-26-11), and 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these figures. 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. Some State Plans set their own amounts: California and Oregon can fine more on at least one class; Indiana, Kentucky, Michigan, South Carolina and Tennessee cap serious violations at $7,000 and willful or repeated ones at $70,000; New Mexico, Utah and Virginia publish caps just below federal. Check your state.
| Violation type | Minimum | Maximum | Maximum set by |
|---|---|---|---|
| Serious | $1,085agency policy floor, not in 1903.15(d) | $16,550 | 29 CFR 1903.15(d)(3) |
| Other-Than-Serious | — | $16,550 | 29 CFR 1903.15(d)(4) |
| Willful | $11,823 | $165,514 | 29 CFR 1903.15(d)(1) |
| Repeated | $4,256agency policy floor, not in 1903.15(d) | $165,514 | 29 CFR 1903.15(d)(2) |
| Failure to Abate | — | $16,550 / day | 29 CFR 1903.15(d)(5) |
| Posting | — | $16,550 | 29 CFR 1903.15(d)(6) |
The maximum for each class is fixed by 29 CFR 1903.15(d). The only minimum that paragraph sets is the willful one; the serious and repeat floors are Field Operations Manual policy figures published in OSHA’s annual adjustment memo. The amounts are real either way — what differs is what they are, and what a citation to 1903.15(d) can be made to say.
2026 Gravity-Based Penalty table (serious violations)
For a serious violation, OSHA sets the starting penalty from the severity of the potential injury and the probability it occurs. These are OSHA's published 2026 amounts (FOM Chapter 6), before any size, good-faith, or history credit:
| Severity ↓ / Probability → | Greater | Lesser |
|---|---|---|
| High severity | $16,550 (High) | $11,823 (Moderate) |
| Medium severity | $14,187 (Moderate) | $9,457 (Moderate) |
| Low severity | $11,823 (Moderate) | $7,093 (Low) |
Willful and repeat violations scale off this starting point toward their $165,514 regulatory cap.
The size credit, by employee count
| Company size | Penalty reduction |
|---|---|
| 1–25 employees | −70% |
| 26–100 | −30% |
| 101–250 | −10% |
| 251+ | −0% |
Source: OSHA Field Operations Manual, Chapter 6, Table 6-2.
Worked examples
One high-gravity serious violation, 30-employee contractor, clean 5-year history. Gravity-based penalty $16,550 → −30% size → −20% history → no good-faith credit (high-gravity serious violations are reduced for size and history only) = ≈ $9,268 proposed. A settlement may reduce it further — the amount varies case by case.
One willful violation, 200-employee firm, clean history. Gravity-based penalty $165,514 → −10% size (Table 6-4) → −20% history → (no good-faith credit for willful) = ≈ $119,170 proposed, never below the $11,823 willful minimum.
Read the willful figure as an estimate, not a formula. OSHA’s Field Operations Manual sets out how a willful violation is classified and reduced, but it publishes no gravity table for the class and no arithmetic that reaches the $165,514 maximum — while OSHA’s own enforcement releases show high-gravity willful violations assessed at exactly that maximum. This estimator therefore scales gravity across the willful range, and marks that step as a model. A repeated violation, by contrast, uses the published table and takes its multiplier afterwards.
Got an OSHA citation? What to do next
- You have 15 working days from receiving the citation to request an informal conference with the OSHA Area Director and to file a Notice of Contest (29 CFR 1903.17).
- Abate promptly and document it. Prompt correction (and a written program) is the strongest lever for a penalty reduction and avoids a failure-to-abate penalty of up to $16,550/day.
- Contest in writing within 15 working days if you disagree; the case goes to the independent Occupational Safety and Health Review Commission (29 CFR 1903.17).
- Settle. Most citations resolve in an informal settlement agreement with a reduced penalty and an agreed abatement plan.
Frequently asked questions
What is the maximum penalty for a willful HazCom violation?
29 CFR 1903.15(d) attaches the current amounts to penalties proposed after January 15, 2025; they were not adjusted for 2026. The federal maximum for a willful or repeated violation is $165,514 per violation, and serious violations are capped at $16,550 per violation. This calculator uses those federal rates; state-plan states may differ.
Are OSHA penalty amounts the same in every state?
No. Federal OSHA sets maximum penalties, but state-plan states can set their own rates. This calculator uses federal 2026 rates only and does not apply state-specific adjustments. Always check your state OSHA program for exact figures.
What is a serious vs willful violation?
A serious violation is one where there is substantial probability that death or serious physical harm could result. A willful violation is one where the employer knowingly failed to comply or acted with plain indifference. Willful and repeat violations carry much higher penalties.
Does this calculator guarantee my actual fine?
No. This is an estimate based on published OSHA penalty rates and common adjustment factors. Actual penalties depend on inspection findings, history, size, and good faith. Use it to understand risk, not as a legal prediction.
How can I reduce my risk of HazCom citations?
Maintain a written HazCom program, keep SDSs accessible, ensure containers are labeled, and document training. Tools like the HazCom Audit Checklist and HazComFast can help you stay audit-ready.
How does OSHA actually calculate the penalty amount?
OSHA starts with a Gravity-Based Penalty set by the severity of the potential injury times the probability it occurs (Field Operations Manual CPL 02-00-164, Chapter 6), then applies serial reductions for employer size, good faith, and inspection history, and finally caps the result at the regulatory maximum for that violation type (and floors it at the regulatory minimum for willful and repeat violations).
Will OSHA reduce my proposed penalty?
Often, yes. After a citation you have 15 working days to contest it, and you can request an informal conference with the OSHA Area Director, where penalties are frequently reduced through a settlement agreement in exchange for prompt abatement. The amount varies case by case — there is no fixed OSHA percentage — and it is never guaranteed.
What is the failure-to-abate penalty?
A failure-to-abate penalty is assessed per day for each day a cited violation remains uncorrected past its abatement date — up to $16,550 per day, typically capped at about 30 days (29 CFR 1903.15(d)(5)).
Do OSHA penalties depend on company size?
Yes. OSHA's size credit (FOM Chapter 6, Table 6-2, updated July 2025) reduces the gravity-based penalty by 70% for employers with 1–25 employees, 30% for 26–100, and 10% for 101–250; employers with 251 or more receive no size reduction (willful-serious violations can reach 80% under Table 6-4).
Sources & verification
- https://www.osha.gov/memos/2026-05-21/2026-annual-adjustments-osha-civil-penalties
- https://www.osha.gov/penalties
- https://www.osha.gov/fom/chapter-6
- OSHA Field Operations Manual, CPL 02-00-164, Chapter 6 (penalty calculation).
Penalty figures verified 2026-08-21. This calculator is an estimate for planning only — it is not legal advice and not a prediction of any specific citation.
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