OSHA Enforcement & Penalties for Maintenance‑Related Non‑Compliance

• OSHA enforcement is not the same for every employer. Whether an organization can receive financial penalties or only citations requiring corrective action depends on the type of employer and the state in which it operates.

This page clarifies those differences and explains how maintenance‑related non‑compliance is handled across the United States.

1. Who OSHA Can Fine — and Who They Cannot

OSHA enforcement falls into four categories. Every facility manager fits into one of them.

A. Private‑Sector Employers (All 50 States)

• Financial penalties apply.  

Enforced by: Federal OSHA or a State‑Plan OSHA program.

This includes:

• Private commercial buildings

• Private utilities

• Private hospitals

• Private contractors

• Private manufacturing, warehousing, and service operations

If you are a private employer, OSHA can issue Serious, Repeat, Willful, and Failure‑to‑Abate violations with financial penalties in every state.

B. State & Local Government Employers in OSHA State‑Plan States

• Financial penalties apply.  

Enforced by: The state’s OSHA program.

This includes:

• Cities

• Counties

• Townships

• Water/wastewater plants

• Public works garages

• School districts

• Transit agencies

• Fire/EMS departments

State‑Plan States Where Public Employers CAN Be Fined:

Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming

• Plus public‑sector‑only plans:  

Connecticut, Illinois, Maine, New Jersey, New York

Public employers in these states are routinely fined for maintenance‑related non‑compliance.

C. State & Local Government Employers in Federal OSHA States (e.g., Ohio)

• No financial penalties.  

Enforced by: A separate public‑sector safety program (e.g., PERRP in Ohio).

This includes:

• City and county buildings

• Water plants

• Public works garages

• Parks departments

• Public offices and administrative facilities

These agencies receive:

• Citations

• Required corrective action

• Deadlines for abatement

…but no monetary fines.

• Examples of Federal OSHA states with public‑sector programs (no fines):

Ohio, Pennsylvania, Texas, Florida, Wisconsin, Missouri, Kansas, Louisiana, Georgia, Arkansas, Colorado, Idaho, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, West Virginia, Massachusetts, Rhode Island, Delaware

D. Federal Agencies (Nationwide)

• No financial penalties.  

Enforced by: OSHA under Executive Order 12196 and 29 CFR Part 1960.

Examples:

• VA hospitals

• USPS facilities

• Federal office buildings

• Non‑military federal operations

Federal agencies receive:

• Notices of Unsafe or Unhealthful Working Conditions

• Mandatory abatement deadlines

• Follow‑up inspections

No fines are permitted under federal law.

2. Current Maximum OSHA Financial Penalties

These penalties apply only to employers legally subject to OSHA fines (private employers and public employers in State‑Plan states).

Violation Type

Serious

Maintenance failures that could cause injury or death

Max* $16,550 per violation

Other‑Than‑Serious

Issues affecting safety/health but unlikely to cause serious harm

Max* $16,550 per violation

Failure to Abate

Hazard not corrected by OSHA’s deadline

Max* $16,550 per day beyond abatement date

Willful

Employer knowingly ignores required maintenance or bypasses safety processes

Max* $165,514 per violation

(OSHA adjusts these amounts annually.)

3. How OSHA Cites Small Public Facilities for Maintenance Failures

• Regardless of whether fines apply, OSHA (or a State‑Plan OSHA program) routinely cites small public facilities when required maintenance, inspections, or safety procedures are not performed.

Citations commonly fall under:

• Electrical safety (1910.303, 1910.305)

• Lockout/Tagout (1910.147)

• Machine guarding (1910.212)

• General Duty Clause (5(a)(1))

• Manufacturer‑required maintenance provisions

When maintenance is undocumented or overdue, OSHA treats it as maintenance not performed, resulting in Serious or Repeat violations.

Recent Examples (Identifying details removed)

Municipal Water Treatment Plant

• No preventive maintenance on pumps/blowers

• Unlabeled or blocked electrical panels

• No arc‑flash assessment or inspection records

• Result: Multiple Serious violations for failure to maintain equipment in safe operating condition.

Township Public Works Garage

• Vehicle lifts and shop equipment not maintained

• Deteriorated wiring and open electrical boxes

• No lockout/tagout procedures

• Result: Serious and Repeat violations under 1910.303(b)(1) and 1910.147.

County Office Building

• No maintenance records for rooftop HVAC units

• Exposed wiring and unmaintained disconnects

• No annual inspection documentation

• Result: Citations for failure to maintain equipment per manufacturer requirements.

Parks & Recreation Department

• No inspection or maintenance of playground equipment

• Mowers, lifts, and tools lacking required maintenance

• No PPE hazard assessment

• Result: Multiple Serious violations for recognized hazards not corrected.

4. Why This Matters

• OSHA does not distinguish between large and small facilities.

If a facility cannot produce maintenance documentation, OSHA (or a State‑Plan OSHA program) issues citations — often Serious, Repeat, or Failure‑to‑Abate.

Maintenance is a compliance requirement, not a discretionary task.

5. OSHA Enforcement in Federal Facilities

Under Executive Order 12196 and 29 CFR Part 1960, OSHA oversees workplace safety in federal facilities. Federal agencies must comply with OSHA standards, and OSHA may:

• Conduct inspections

• Issue citations

• Require abatement of hazards

• However, federal agencies are not subject to monetary fines.

Instead, OSHA issues:

• Notices of Unsafe or Unhealthful Working Conditions

• Required abatement with defined deadlines

• Follow‑up inspections