What to Do If You're Cited by OSHA (2025 Update)
- The Spencer Law Firm
- Aug 19
- 3 min read
Why This OSHA Change Matters
The Occupational Safety and Health Administration (OSHA) quietly rolled out an update in 2025 that significantly impacts how penalties are assessed for safety violations — especially for small businesses.
If your business operates in construction, manufacturing, logistics, or any labor-intensive industry, these changes could either save you thousands in fines or expose you to greater risk if you’re unaware.
In this article, we’ll break down:
What OSHA’s new penalty reduction policy means
Who qualifies for reductions
How to stay compliant
What to do if you're cited
FAQs and expert recommendations
What Changed in OSHA’s Penalty Structure in 2025?
In early 2025, OSHA revised how it calculates penalty reductions, aiming to:
Increase fairness for small businesses
Encourage proactive compliance
Align enforcement with employer size and safety history
Key Changes Include:
More transparent reduction tiers based on employee count
Higher potential discounts for businesses with 1–10 employees
Stricter rules for repeat violators and severe citations
Revised criteria for the Good Faith reduction (now tied to documentation and training)
Old vs. New Reduction Tiers (2025)
Employee Count | Previous Max Reduction | 2025 Max Reduction |
1–10 | 70% | 80% |
11–25 | 60% | 70% |
26–100 | 40% | 50% |
101–250 | 30% | 40% |
251+ | 0% | No Change |
Important: These reductions only apply if the business does not have a history of willful or repeat violations.
Who Qualifies for OSHA Penalty Reductions?
Eligible:
Small businesses with less than 250 employees
Employers who cooperate during inspections
Those with no recent repeat or willful violations
Employers who can demonstrate a safety program or training plan
Not Eligible:
Companies with a history of high-severity violations
Employers failing to correct cited hazards
Businesses with poor recordkeeping or no safety documentation
How OSHA Calculates Final Penalties
OSHA uses a multi-factor formula to calculate penalty amounts. Here’s what it considers:
Gravity of the violation (e.g., serious vs. other-than-serious)
Company size (larger employers get fewer or no reductions)
Good Faith efforts (e.g., training, documented safety programs)
History (prior citations in the last 5 years)
Quick Fixes (immediate hazard corrections may earn reductions)
What to Do If You're Cited by OSHA
If you receive a citation:
1. Review the Citation Immediately
Check the classification (Serious, Willful, etc.)
Look at the abatement deadline
2. Request an Informal Conference
Can result in penalty reductions
Opportunity to negotiate classification changes
3. Document All Corrective Actions
Include photos, receipts, and training records
Submit proof before the abatement date
4. Consult an OSHA Defense Consultant or Attorney
Especially for repeat or willful citations
OSHA Compliance Tips for Small Businesses
To avoid citations — and qualify for the largest reductions if cited — follow these best practices:
Maintain Written Safety Plans
Required for high-risk industries
Include policies, roles, and emergency procedures
Conduct Regular Training
Toolbox talks (weekly/monthly)
Specialized training (e.g., fall protection, PPE)
Keep Records Updated
Injury logs (OSHA 300/300A)
Training sign-in sheets
Equipment inspection forms
Perform Routine Hazard Assessments
Use checklists for each work area
Involve workers in identifying risks
Stay Informed About Regulation Changes
Subscribe to OSHA QuickTakes
Follow industry-specific OSHA updates
Frequently Asked Questions (FAQs)
What is the maximum penalty OSHA can issue in 2025?
As of 2025, the maximum for a Serious violation is approximately $16,131, while Willful or Repeat violations can reach $161,323 per violation.
How often does OSHA update penalties?
OSHA adjusts penalty amounts annually for inflation, typically in January.
Can I appeal an OSHA citation?
Yes. You can contest the citation within 15 business days by submitting a notice of contest. This begins a formal review process.
What is considered a 'Good Faith' effort by OSHA?
This includes:
Written safety programs
Evidence of employee training
Cooperation during inspections
Does having workers’ comp insurance impact OSHA penalties?
No, but having a strong safety program, which also lowers insurance premiums, can influence OSHA’s Good Faith assessment.
Final Thoughts: Be Proactive, Not Reactive
OSHA’s new 2025 penalty reduction structure is an opportunity for small businesses — not just a risk.
By implementing basic safety measures, documentation, and training, you not only protect your workers but also protect your business financially in the event of an inspection.
Think of compliance not as a cost, but as a long-term investment in risk management and workplace culture.
Protect Your Business From OSHA Penalties — Contact The Spencer Law Firm Today.” Facing an OSHA inspection or citation? Our attorneys at The Spencer Law Firm have decades of experience defending small businesses, construction firms, and HR managers against costly penalties. Schedule a free consultation today and safeguard your company’s future.
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