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Federal: OSHA Updates Penalty and Debt Collection Guidelines in Field Operations Manual to Support Small Employers

29 Aug

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Update Applicable to:Effective Date
All EmployersJuly 14, 2025


What happened?

On July 14, 2025, the U.S. Occupational Safety and Health Administration (OSHA) issued updated guidelines on penalties and debt collection to support small businesses and encourage faster correction of workplace hazards. These changes are now part of Chapter 6 of OSHA’s Field Operations Manual and are effective immediately.


Overview:

  • Penalty Reductions by Employer Size: Employers now receive scaled penalty reductions based on workforce size:
    • 1–25 employees: 70% reduction
    • 26–100 employees: 30%
    • 101–250 employees: 10%
    • 251+ employees: no reduction
  • Good Faith Credit: A 25% reduction is available for employers with a written, effective Safety & Health Management System (SHMS).
    • No credit is given for serious violations, failure to report incidents, or lack of an SHMS.
  • History-Based Adjustments
    • 20% reduction for employers with no serious violations in the past 5 years or no inspection history.
    • 20% increase for employers with high-gravity citations finalized in the past 5 years.
    • No adjustment for unresolved citations or mid-level inspection outcomes.
  • Quick-Fix Credit (15%): Employers who correct hazards quickly may qualify for a 15% reduction.
    • Must fix the issue within 5 days (or up to 15 days with notice).
    • Must protect workers during the correction period.
    • Requires documentation and approval from OSHA officials.
    • Applies only to low- or moderate-gravity violations.
  • Application to Open Cases: These updates apply to ongoing investigations where penalties have not yet been issued. Penalties issued before July 14, 2025, follow previous rules.
  • Discretionary Reductions: OSHA may withhold reductions if they conflict with the goals of the Occupational Safety and Health Act.

Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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