Penalties
OSHA penalties in 2026: what a HazCom citation can cost a small practice
Maximum OSHA penalties did not increase in 2026. Here are the current figures, how size reductions work for practices with fewer than 25 employees, and a worked example.
HazLedger Editorial · November 11, 2026 · 5 min read
OSHA adjusts its maximum civil penalties for inflation every January — except in 2026. In a May 21, 2026 memo, OSHA confirmed there would be no inflation adjustment this year, so the 2025 maximums remain in effect.
| Violation type | Maximum penalty (2026) |
|---|---|
| Serious | $16,550 per violation |
| Other-than-serious | $16,550 per violation |
| Failure to abate | $16,550 per day beyond the abatement date |
| Willful or repeated | $165,514 per violation |
Size reductions for small practices
OSHA's Field Operations Manual allows penalty reductions based on employer size, counted across all of the employer's US workplaces. Since the July 2025 revision, the maximum reduction is 70% for employers with 1 to 25 employees, 30% for 26 to 100, and 10% for 101 to 250. Employers above 250 receive no size reduction. Gravity, good faith and inspection history also affect the final amount.
A worked example
A dental practice with 12 employees is cited for a serious HazCom violation assessed at the maximum gravity. After the maximum 70% size reduction, the penalty would be about $4,965. If the inspector cites several separate requirements — say, missing SDSs, unlabeled secondary containers and no documented training — each item can carry its own penalty.
State Plan states run their own programs and may use different penalty structures; check your state's figures if you operate in one.
Sources
- OSHA — 2026 annual adjustments to OSHA civil penalties (memo, May 21, 2026)
- US Department of Labor — OSHA penalty reductions for small businesses (July 14, 2025)
General information, not legal advice. Check the current text of 29 CFR 1910.1200 and your State Plan for your situation.
