Texas employers are required to comply with the health and safety standards set by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). By strictly adhering to all applicable OSHA standards and regulations – which vary based on industry and company size – employers can not only create a safer workplace, but they can minimize their exposure to heavy financial penalties.
Penalties for Violations
Penalties vary based on the type of violation, its severity and the likelihood that it will cause harm, among other factors. Generally, violations are categorized as “serious,” “other-than-serious,” “willful” or “repeated.”
“Serious” and “Other-than-Serious” Violations
For 2025, the maximum penalty for a serious or other-than-serious violation is $16,550 per violation. The same maximum penalty applies for failure to adhere to OSHA’s posting requirements. Further, employers who are cited for a violation can be assessed $16,550 per day for every day that the hazard is not corrected beyond the abatement deadline.
Minimum penalties for an other-than-serious violation or failure to meet the posting requirements can be as low as $0, while penalties for serious violations start at $1,221 per violation.
In assessing where a particular offense falls within the penalty range, OSHA looks at the gravity of the violation, among other factors. A high-gravity violation is one that has both a high level of severity and a high probability of causing harm.
Willful or Repeated Violations
For willful or repeated violations, the maximum penalty jumps to $165,514 per violation. The minimum penalty for violations in these categories is $11,823.
In the case of a repeated other-than-serious violation, which otherwise would have no initial penalty, a penalty of $472 would be proposed for the first repeat violation. This would climb to $1,182 for the second repeated violation and $2,364 for a third repetition.
Discounts for Small Businesses, Clean Records and Fast Abatements
For certain violations and circumstances, OSHA provides discounts of up to 70% off standard penalty rates for smaller companies, a 15% reduction for companies that fix a hazard quickly and a 20% discount for companies with a clean record.
Businesses with 25 or fewer employees may be eligible for a 70% penalty reduction. A 30% reduction may be offered to companies with between 26 and 100 employees, while employers with 101 to 250 workers may be granted a 10% reduction.
Additionally, a 15% reduction is available for employers who correct a hazard within five days of discovery (they may be awarded 10 additional days if they contact their OSHA Compliance Safety and Health Officer within the first five days and explain their corrective action and why they need the additional time).
Further, employers who have never been inspected by federal OSHA or an OSHA state plan, or who have been inspected in the past five years with no serious, repeat, willful or failure-to-abate violations, can qualify for a 20% penalty reduction.
Reductions are not available when the penalties are assessed for high-gravity serious, willful or repeated violations, or for failure to abate a hazardous situation.
Compliance Is Key
The best way to avoid costly penalties is to maintain strict compliance with all OSHA regulations and standards that apply to your workplace. OSHA compliance is a complex, ongoing process that involves an understanding of which standards apply to your company; implementing appropriate health and safety programs and procedures; training employees; maintaining proper documentation; and performing regular safety audits to identify and correct any problem areas. By meeting all of your obligations under OSHA, you can minimize the risk of costly penalties while helping to keep your workers safe and healthy.
The OSHA lawyers at Pappas Grubbs Price PC assist employers with the complex OSHA compliance process and help clients assert their rights throughout the OSHA inspection process. With offices in Houston, Dallas, Austin and San Antonio, our OSHA defense lawyers have successfully represented hundreds of clients in OSHA investigations and litigation, and we are able to perform 24/7 rapid response on-site coordination with our clients, often arriving before the OSHA inspector. For assistance with your OSHA matter, contact Pappas Grubbs Price.
