Question: Are state plans required to adopt similar guidelines?

Answer:

The Occupational Safety and Health Act requires State Plans to be at least as effective as OSHA in the enforcement of occupational safety and health standards. As part of this obligation, State Plans must have formal written policies and procedures on their compliance program, including for penalties, which are at least as effective as the procedures in OSHA’s Field Operations Manual (FOM). OSHA has determined that the recent updates to Chapter 6 of the FOM: Penalties and Debt Collection, do not result in more stringent enforcement. Consequently, State Plans may, but are not required to, make these same or other at least as effective changes to their policies and procedures.

Question: How will the new penalty adjustments improve compliance or workplace safety?

Answer:

The updated policies expand the criteria for OSHA's quick-fix penalty reduction, a program that allows employers – especially small businesses – to receive reduced penalties when they immediately correct identified hazards. By making more employers eligible for this incentive, OSHA's goal is to encourage employers to quickly remove or correct hazards, leading to more protection for workers and promoting a culture of proactive safety.

Question: If, for example, penalties are proposed on July 10, 2025, would reductions fall under the old or new structure?

Answer:

Penalties proposed prior to July 14, 2025, would fall under the old policy. Penalties proposed after July 14 or open investigations in which penalties have not yet been issued will be covered under the new policies.

Question: When do the new penalty reductions take effect?

Answer:

The new policies take effect on July 14, 2025.

Question: Why did OSHA adjust its penalty reduction percentages?

Answer:

OSHA updated its penalty structure with small businesses in mind. We want to ensure OSHA penalties appropriately take into account an employer's size, its efforts to quickly abate hazards, and its OSHA history. For many of these employers, having the right tools can make all the difference, not only in achieving compliance but also in creating safer and healthier workplaces for everyone.

That's why we've adjusted our penalty structure to make it easier for employers, including small businesses, to invest resources in finding and fixing hazards, as well as enhancing their safety and health programs.

These changes are designed to help employers address safety issues more quickly, come into compliance faster, and minimize the financial burden. As part of our broader effort to support safe, healthy workplaces, we want to meet employers where they are and put resources where they matter most to better protect workers.