Citation Types: Willful, Serious, Repeat & Other
When OSHA finds a violation, it issues a citation that names the standard broken, how serious it is, a proposed penalty and a deadline to fix it. The type of citation decides how big the penalty can be.
- Construction
- General Industry
- Supervisors
The citation types
| Type | What it means | Example |
|---|---|---|
| Serious | There is a substantial probability that the hazard could cause death or serious physical harm, and the employer knew, or should have known, about it. | Workers in a 7-foot trench with no shoring or sloping |
| Other-than-serious | The violation relates to safety and health but probably wouldn’t cause death or serious harm. | The OSHA poster isn’t displayed |
| Willful | The employer knowingly broke the rule, or showed plain indifference to it. | A foreman who was told by the GC to use fall protection keeps sending roofers up without it |
| Repeat | The employer was cited for the same or a substantially similar violation in the past five years, and that earlier citation became final. | Cited for missing scaffold guardrails in 2023 and again in 2026 |
| Failure to abate | The employer didn’t fix a cited hazard by the deadline. Penalties can add up for each day past the deadline. | A missing machine guard still missing at the follow-up inspection |
| De minimis | A technical violation with no direct effect on safety. OSHA notes it but issues no penalty. | A small difference from a detail in the standard that still gives workers the same protection |
How much can penalties be?
Maximum penalties are set by law and go up with inflation every January. In 2025 the maximums were about:
- Serious and other-than-serious: about $16,550 per violation
- Failure to abate: about $16,550 per day past the deadline
- Willful or repeat: about $165,500 per violation
Check OSHA’s penalties page for this year’s numbers. State plan states set their own penalties, which must be at least as effective as federal OSHA’s.
The proposed penalty for each violation is based on how severe the hazard is and how likely an injury is. OSHA can then reduce it for a small employer, for good faith (such as a real safety program) and for a clean inspection history. Reductions for size and good faith usually aren’t given for willful violations.
Criminal cases: A willful violation that causes a worker’s death can be referred to the Department of Justice for criminal prosecution. Lying to OSHA or falsifying records is also a crime.
What happens after a citation
- Posting: The employer must post a copy of the citation at or near the place where the violation happened for 3 working days or until it’s fixed, whichever is longer.
- Fixing (abatement): Each citation has an abatement date. The employer must fix the hazard and, for many citations, send OSHA proof that it was fixed.
- Contesting: The employer has 15 working days from receiving the citation to contest it in writing. Many cases are settled at an informal conference with the OSHA area director first.
- Workers can contest too: Workers or their representative can contest the abatement date if they think it gives the employer too long to fix the hazard. They can’t contest the penalty amount.
What it means for you as a worker
- Read the posted citation. It tells you exactly what hazard OSHA found and when it must be fixed.
- If the hazard isn’t fixed by the deadline, tell your supervisor, and contact OSHA if nothing happens.
- You can’t be punished because OSHA cited your employer, or because you talked to the inspector. See Whistleblower Protection.
Standards & references
- OSHA: Penalties
- 29 CFR 1903: Inspections, citations and proposed penalties (posting citations: 1903.16)
- OSHA Field Operations Manual: how violations are classified and penalties figured
- See also: OSHA Inspections · Top 10 Most-Cited Violations
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