What is failure to abate under OSHA?

“Any employer who fails to correct a violation for which a citation has been issued under section 658(a) of this title within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 659 of this title initiated by the employer in good faith and not solely for delay or avoidance of penalties), may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues.”

The dollar figure in the Act has since been adjusted for inflation. The current maximum, as 29 CFR 1903.15(d) lists it for penalties proposed after January 15, 2025, is quoted next.

“Adjusted civil monetary penalties. The adjusted civil penalties for penalties proposed after January 15, 2025 are as follows:

(5) Failure to correct violation. The penalty for a failure to correct a violation under section 17(d) of the Act, 29 U.S.C. 666(d), shall not exceed $16,550 per day.”

• 29 U.S.C. 666, Civil and criminal penalties One paragraph uses the term.
• 29 CFR 1903.15, Proposed penalties One paragraph uses the term.
• 29 U.S.C. 659, Enforcement procedures One paragraph uses the term.

• Abatement Action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard OSHA identified.
• OSHA citation The written notice OSHA issues when it believes an employer has violated the OSH Act, a standard or a regulation.
• Willful and repeat violations The violation categories with the highest civil penalty limit, for employers who willfully or repeatedly violate the OSH Act.
• Notice of contest An employer's written notice that it will contest a citation or proposed penalty, postmarked within 15 working days.

All terms in the OSHA glossary

1. 29 U.S.C. 666, Civil and criminal penalties. U.S. Code, 2024 edition, current through January 6, 2025, from govinfo.gov.
2. 29 CFR 1903.15, Proposed penalties. eCFR, text as of October 27, 2026.

Written by Cairn, updated October 29, 2026. The quoted text is copied from the sources above. A test compares each quotation with a stored copy of the source, and a separate script compares that copy with the live sources. This page explains the law and is not legal advice.