DOL Cancels 2026 Civil Penalty Inflation Adjustment — OSHA Maximum Penalties Stay at 2025 Levels

Overview

For the first time since annual adjustments began under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Department of Labor will make no inflation adjustment to its civil monetary penalties for 2026 — OSHA maximum penalties remain at 2025 levels. The Bureau of Labor Statistics did not publish October 2025 CPI-U data because of the appropriations lapse, and the statute permits no alternative calculation, so OMB memorandum M-26-11 directed agencies to continue applying 2025 penalty amounts. The Department plans a thorough review of its civil penalties in 2027. (91 FR 31358)

This regulatory update carries medium impact for employers nationwide. Below, we cover the key requirements, compliance timeline, practical implications, and recommended next steps.

Key Requirements

Requirements at a Glance

Key provisions of this regulatory update:

1. For the first time since annual adjustments began under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Department of Labor will make no inflation adjustment to its civil monetary penalties for 2026 — OSHA maximum penalties remain at 2025 levels
2. The Bureau of Labor Statistics did not publish October 2025 CPI-U data because of the appropriations lapse, and the statute permits no alternative calculation, so OMB memorandum M-26-11 directed agencies to continue applying 2025 penalty amounts
3. The Department plans a thorough review of its civil penalties in 2027

Compliance deadline: May 27, 2026

Who Is Affected and Where This Applies

This is a federal-level action affecting employers nationwide across all 50 states and U.S. territories.

Industries affected: healthcare, construction, manufacturing, transportation. This update is relevant across multiple sectors. Employers should assess applicability based on their specific workforce, operations, and regulatory exposure.

Compliance Timeline

Background and Context

The OSHA Regulatory Landscape

The Occupational Safety and Health Administration (OSHA) enforces workplace safety standards under the OSH Act of 1970, protecting approximately 130 million workers at 8 million worksites nationwide. OSHA sets and enforces standards, provides training and outreach, and conducts workplace inspections. For fiscal year 2025, OSHA's maximum penalties were adjusted to $16,550 per serious violation and $165,514 per willful or repeat violation — with annual inflation adjustments continuing to raise these ceilings.

OSHA enforcement priorities shift based on emerging hazards, workplace fatality trends, and National Emphasis Programs (NEPs). In recent years, the agency has intensified its focus on heat illness prevention, fall protection in construction, respirable crystalline silica, and workplace violence in healthcare. Employers in high-hazard industries should monitor NEP announcements closely, as these programs direct OSHA area offices to conduct targeted inspections in specific industries or for specific hazards even without a complaint or fatality trigger.

Why This Matters for Employers

This federal regulatory update affects employers nationwide and represents a meaningful shift in OSHA compliance requirements. While the immediate scope may be limited, it reflects ongoing regulatory attention to this area and may signal further changes.

Cross-industry impact: This update affects employers across multiple sectors, including healthcare, construction, manufacturing, and transportation. Each industry may face different compliance burdens depending on their existing programs and workforce composition. Multi-site employers should coordinate their response across locations to ensure consistent compliance.

For HR directors, safety managers, and compliance officers, this update should trigger a review of current written programs, training records, and standard operating procedures. The cost of proactive compliance is almost always lower than the cost of responding to violations, litigation, or workplace incidents after the fact.

Penalties for Non-Compliance

OSHA penalty maximums are adjusted annually for inflation. Employers who contest citations have 15 working days from receipt to file a notice of contest. The figures below reflect current maximum penalty amounts.

What Employers Should Do Now

BlueHive provides OSHA compliance resources nationwide and tracks this topic through our OSHA compliance hub.

Frequently Asked Questions

Related Compliance Updates

• OSHA Electronic Recordkeeping Requirements — OSHA, Federal (Jan 2025)
• OSHA Temporary Worker Safety Guidance — OSHA, Federal (Jan 2024)
• Healthcare Worker Background Check Requirements — Occupational Health, New York (Oct 2025)

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Source: Federal Regulation · Verified 2026-07-06

This article is part of BlueHive Compliance Watch, which monitors occupational health regulations across all 50 states and federal agencies. Browse all state profiles → · View all compliance articles →