Proposed penalties procedures

Under 1903.15(a), OSHA must notify the employer of any proposed penalty either by certified mail or by personal service by the Compliance Safety and Health Officer, after or concurrent with issuance of a citation and within a reasonable time after the inspection ends.

• The notice must state the proposed penalty amount (or that no penalty is being proposed).
• The notice must tell the employer that the proposed penalty will become the final order of the Review Commission unless the employer files a written notice of intent to contest within 15 working days from the date of receipt.

Reference: 1903.15(a).

Under 1903.15(a), an employer has 15 working days from the date of receipt of the notice to notify the Area Director in writing that it intends to contest the citation or proposed penalty.

• If the employer does not contest within those 15 working days, the proposed penalty is deemed the final order of the Occupational Safety and Health Review Commission and is not subject to review by any court or agency.

Reference: 1903.15(a).

Under 1903.15(b), the Area Director must consider the size of the employer’s business, the gravity of the violation, the employer’s good faith, and the history of previous violations when determining a proposed penalty.

• These factors implement section 17 of the OSH Act and are used together to reach an appropriate penalty amount.

Reference: 1903.15(b).

Under 1903.15(c), yes: OSHA may propose an appropriate penalty even if the employer immediately abates or begins steps to abate the alleged violation after notification.

• The regulation also makes clear that penalties must not be proposed for de minimis violations that have no direct or immediate relationship to safety or health.

Reference: 1903.15(c).

Under 1903.15(c), de minimis violations—those with no direct or immediate relationship to safety or health—shall not be proposed for penalties.

• If a condition does affect safety or health directly or immediately, it is not de minimis and may be penalized even if later abated.

Reference: 1903.15(c).

Under 1903.15(d), the adjusted civil penalty limits for penalties proposed after January 15, 2025 are:

• Willful violations: minimum $11,823 and maximum $165,514 per violation (1903.15(d)(1)).
• Repeated violations: not to exceed $165,514 per violation (1903.15(d)(2)).
• Serious violations: not to exceed $16,550 per violation (1903.15(d)(3)).
• Other-than-serious violations: not to exceed $16,550 per violation (1903.15(d)(4)).
• Failure-to-correct violations: not to exceed $16,550 per day (1903.15(d)(5)).
• Posting requirement violations: not to exceed $16,550 (1903.15(d)(6)).

Reference: 1903.15(d).

Under 1903.15(d)(1), the penalty for a willful violation shall not be less than $11,823 and shall not exceed $165,514 per violation for penalties proposed after January 15, 2025.

Reference: 1903.15(d)(1).

Under 1903.15(d)(3) and 1903.15(d)(4), the maximum penalty for both serious and other-than-serious violations is $16,550 per violation for penalties proposed after January 15, 2025.

Reference: 1903.15(d)(3) and 1903.15(d)(4).

Under 1903.15(d)(5), penalties for a failure-to-correct violation may be assessed at up to $16,550 per day for each day the violation continues for penalties proposed after January 15, 2025.

• Each day of continued noncompliance can be treated as a separate violation for calculating the total penalty.

Reference: 1903.15(d)(5).

Under 1903.15(d)(6), the penalty for a posting requirement violation shall not exceed $16,550 for penalties proposed after January 15, 2025.

Reference: 1903.15(d)(6).

Under 1903.15(b), an employer’s good faith—such as prompt cleanup, timely abatement steps, or documented safety programs—can be considered by the Area Director to reduce the proposed penalty.

• Good faith is one of the statutory factors (size, gravity, good faith, history) used to reach an appropriate penalty; strong evidence of proactive safety efforts and timely corrective actions can weigh in the employer’s favor.

Reference: 1903.15(b).

Under 1903.15(a), the Area Director must notify the employer of the proposed penalty either by certified mail or by personal service by the Compliance Safety and Health Officer.

• Either method satisfies the regulation; the employer’s 15 working day contest period starts from the date of receipt of that notice.

Reference: 1903.15(a).

Under 1903.15(a), the term "reasonable time" is not defined with a specific number of days; it means OSHA must notify the employer of the proposed penalty promptly after the inspection ends, consistent with administrative practice.

• If a delay appears excessive, an employer can raise timeliness as an issue when contesting the citation or seek clarification from the Area Office.

Reference: 1903.15(a).

Under 1903.15(c), immediate abatement does not automatically eliminate the possibility of a proposed penalty—the Area Director may still propose an appropriate penalty even if the employer promptly abates.

• The exception is de minimis violations with no direct or immediate safety/health relationship, which shall not be proposed for penalties.

Reference: 1903.15(c).

Under 1903.15(d)(2), the penalty per repeated violation shall not exceed $165,514 for penalties proposed after January 15, 2025.

Reference: 1903.15(d)(2).

Under the OSHA letter Policy on contesting citations (Sept. 11, 2023), filing a proper notice of contest normally suspends the employer’s obligation to abate the specific contested condition and to pay penalties for those contested items until the matter is adjudicated or settled.

• The letter explains OSHA generally ceases investigatory activities on contested items and that abatement/payment obligations are suspended while the case is pending before the Review Commission.

Reference: OSHA letter: Policy on contesting citations (Sept. 11, 2023).

According to the OSHA letter Policy on contesting citations (Sept. 11, 2023), OSHA generally does not issue an additional citation for the exact same condition, equipment, and location that is already under contest, but it reserves the right to take enforcement actions necessary to protect workers.

• OSHA may, where appropriate, use its authority (for example under 29 CFR 1903.13) to seek relief for imminent dangers or take other enforcement actions even if an earlier citation is contested.

Reference: OSHA letter: Policy on contesting citations (Sept. 11, 2023).

Under the OSHA letter OSHA poster display requirements (June 15, 2023), no: stacking or covering OSHA notices so that they are obscured does not meet the posting requirement because notices must not be altered, defaced, or covered and must be readily observable by workers.

• The letter cites 29 CFR 1903.2(a)(1) and explains the intent that notices be conspicuous and readily observable.

Reference: OSHA letter: OSHA poster display requirements (June 15, 2023).

Under the OSHA letter Electronic posting requirements (Nov. 5, 2014), displaying OSHA notices only on a looping TV monitor does not meet the posting requirement because required notices must be readily available and accessible to employees at all times.

• The letter recommends placing physical copies of the required notices in a conspicuous location near the monitor or elsewhere so employees can read them at any time.

Reference: OSHA letter: Electronic posting requirements (Nov. 5, 2014).

Under the OSHA letter OSHA poster language requirements (Nov. 12, 2004), the regulation does not require employers to post the OSHA notice in Spanish; the required notice must be posted in English but OSHA encourages employers with Spanish-speaking employees to also post the notice in Spanish.

• There is no numeric threshold (e.g., percentage of Spanish-speaking employees) that triggers a requirement to post in another language, but bilingual posting is recommended where workers cannot read English.

Reference: OSHA letter: OSHA poster language requirements (Nov. 12, 2004).

Under the OSHA letter OSHA poster posting requirements (May 22, 1998), when posting at the individual portable cart or stall is not feasible, OSHA requires that the notices be posted at a readily visible central location from which employees report or a location that represents the establishment from which employees operate.

• For businesses supported by a central office, the central office is an appropriate place to post the notices.

Reference: OSHA letter: OSHA poster posting requirements (May 22, 1998).

Under 1903.15 and the OSHA letter Policy on contesting citations (Sept. 11, 2023), OSHA may still take enforcement actions—even when a citation is under contest—if those actions are necessary and appropriate to protect workers, such as seeking relief for conditions the Agency considers an imminent danger.

• The LOI explains OSHA normally pauses investigatory activity for contested items, but reserves the right to act when worker safety requires it.

References: 1903.15 and OSHA letter: Policy on contesting citations (Sept. 11, 2023).

Under 1903.15(d), the adjusted civil penalty amounts are periodically updated (the regulation shows multiple Federal Register adjustments) and the section lists the current caps effective for penalties proposed after January 15, 2025.

• Employers should consult 1903.15(d) for the latest published amounts and check OSHA updates or Federal Register notices for future adjustments.

Reference: 1903.15(d).

Under 1903.15(a), the proposed penalty notice must state that the proposed penalty will be deemed the final order of the Review Commission and not subject to review by any court or agency unless the employer files a written notice of intent to contest within 15 working days of receipt.

• This statement informs employers how to preserve their right to judicial review by timely contesting the citation or penalty.

Reference: 1903.15(a).

Under 1903.15(c), OSHA can propose appropriate penalties for alleged violations even if the employer corrected (abated) the condition immediately after being informed by the Compliance Safety and Health Officer, as long as the violation was not de minimis.

• Prompt correction is a factor the Area Director may consider (good faith), but it does not automatically eliminate a proposed penalty for conditions that directly affect worker safety or health.

Reference: 1903.15(c).