OSHA Penalty Reductions for Small Contractors: Updated Guide (2025–2026)

Small construction contractors can qualify for OSHA penalty reductions of up to 70% or more when size-based, good faith, and history adjustments are combined. Following the July 2025 Department of Labor policy update, employers with 25 or fewer employees now receive even larger reductions than before. But these reductions are not automatic — most require documented evidence that you are actively managing safety on your jobsite.

This guide covers the three penalty reduction factors, the specific percentages available at each employer size tier, what changed in the July 2025 policy update, and what documentation you need to qualify for the maximum reductions available to your company.

How OSHA Penalty Reductions Work

When OSHA issues a citation, the proposed penalty starts with a gravity-based assessment — how severe the potential injury could be and how likely it is to occur. From that initial amount, OSHA applies three reduction factors to arrive at the final proposed penalty. Each factor reduces the penalty by a percentage, and the reductions stack.

The three reduction factors are:

• Employer size — Based on your total number of employees nationwide. The smaller the company, the larger the reduction.
• Good faith — Based on your demonstrated commitment to workplace safety. This is the factor most directly tied to documentation.
• History — Based on whether you have been cited by OSHA in the previous five years.

These reductions apply to serious, other-than-serious, and failure-to-abate penalties. They do not reduce willful or repeat violations below the statutory minimum of $11,524. For a full breakdown of current penalty amounts, see the 2026 OSHA fine amounts guide.

Size-Based Penalty Reductions: The Updated Tiers

The size-based reduction is the largest single adjustment factor and is calculated based on the total number of employees across all locations — not just the employees on the cited jobsite. Following the July 2025 DOL policy update, the tiers are:

For a contractor with 15 employees facing a $16,550 serious violation, the size reduction alone can lower the penalty by up to $11,585 — bringing it down to approximately $4,965 before any other reductions are applied.

The size reduction is the most straightforward factor to qualify for because it is based on a verifiable number: your employee count. OSHA typically determines this from payroll records, workers' compensation filings, or information provided during the inspection. There is no documentation requirement beyond accurately reporting your company size.

What Changed in the July 2025 Policy Update

Prior to the July 2025 update, the maximum size reduction for employers with 1–25 employees was 60%. The DOL increased this to 70%, recognizing that maximum penalties can be disproportionately burdensome for the smallest employers. The 26–100 tier was also adjusted from 40% to match the current schedule, and the policy clarified how good faith is evaluated for small employers — placing greater emphasis on documented corrective actions and active safety programs rather than formal written programs alone.

This is significant for small contractors. Under the previous policy, a 10-person framing crew facing a $16,550 serious violation could reduce the penalty by up to $9,930 through size alone. Under the updated policy, that same reduction is up to $11,585 — an additional $1,655 in savings on a single violation. Across a multi-citation inspection, the cumulative difference is substantial.

Good Faith Reduction: Up to 25% — But Only With Documentation

The good faith reduction is the most valuable discretionary factor and the one most directly under your control. It rewards employers who demonstrate a genuine, active commitment to workplace safety — not just compliance on paper, but evidence of an ongoing safety management system.

OSHA can reduce penalties by up to 25% for good faith. The key word is can — this is not an automatic reduction. The OSHA Area Director evaluates good faith based on tangible evidence. Verbal claims that you care about safety carry no weight. What matters is what you can produce.

The documentation that supports a good faith reduction includes:

• A written safety and health program — Not a generic template downloaded from the internet, but a program customized to your operations. It should describe how you identify hazards, train employees, conduct inspections, and respond to incidents. See the safety program template guide for what to include.
• Training records with signatures — Signed attendance sheets showing that employees received training on relevant hazards, with dates, topics, and instructor identification. Toolbox talk documentation is one of the most common and effective forms of training evidence.
• Consistent daily logs — Regular daily site documentation showing hazard identification, safety observations, and corrective actions taken. Consistency is critical — sporadic logs suggest the system is not genuine.
• Corrective action records — Documentation showing that when hazards were identified, you responded with specific corrective measures. This demonstrates that your safety program is not just written policy but active practice.
• Equipment inspection records — Documented inspections of scaffolds, ladders, fall protection equipment, trenching, and other applicable equipment per the relevant OSHA standard.

The July 2025 update clarified that for small employers, OSHA should evaluate good faith proportionally. A 12-person roofing contractor is not expected to have the same formal safety infrastructure as a 500-person general contractor. What matters is evidence of active effort relative to the employer's size and resources. A consistent set of daily logs, signed toolbox talk records, and a straightforward written safety program can be sufficient to earn the full 25% good faith reduction for a small crew.

History Reduction: Up to 10% for a Clean Record

The history reduction rewards employers with no OSHA citations in the previous five years. The maximum reduction is 10% — smaller than size or good faith, but it stacks with both.

To qualify, you must have no serious, willful, or repeat violations that have become final orders within the past five years. Other-than-serious violations may not disqualify you, depending on their nature and number, but any serious citation that was accepted or settled eliminates the history reduction for the next five years.

This is where the post-citation decision has long-term consequences. Accepting a citation today does not just cost you the current penalty — it eliminates your history reduction for the next five years, adding 10% to every penalty in every future inspection during that period. For a contractor who faces inspections every year or two, the cumulative cost of a lost history reduction can exceed the original penalty.

Combined Reductions: Real-World Penalty Scenarios

The power of OSHA penalty reductions becomes clear when you stack all three factors. Consider these scenarios for a single serious violation at the maximum penalty of $16,550:

Scenario 1: Small Contractor With Strong Documentation

A 15-person electrical contractor with no prior violations, a written safety program, signed training records, and consistent daily logs:

• Base penalty: $16,550
• Size reduction (70%): −$11,585
• Good faith reduction (25%): −$4,138
• History reduction (10%): −$1,655
• Adjusted penalty: approximately $1,190 (statutory minimum for serious violations)

With full reductions, the penalty drops from $16,550 to the statutory floor. The total reduction exceeds 90% in this case, though the penalty cannot go below the serious violation minimum. On a multi-citation inspection totaling $50,000 in proposed penalties, these combined reductions could save $40,000 or more.

Scenario 2: Small Contractor Without Documentation

The same 15-person contractor, same violation, but with no written safety program, no signed training records, and inconsistent daily logs:

• Base penalty: $16,550
• Size reduction (70%): −$11,585
• Good faith reduction: $0 (no documentation to support it)
• History reduction (10%): −$1,655
• Adjusted penalty: approximately $3,310

The size and history reductions still apply, but the missing good faith reduction costs $4,138 on this single violation. Across three or four citations in the same inspection, the lost good faith reduction alone can total $12,000–$16,000. The difference between Scenario 1 and Scenario 2 is not safety performance — it is documentation.

Scenario 3: Mid-Size Contractor With Prior Violations

A 75-person general contractor with a serious citation from two years ago, moderate documentation but no formal corrective action records:

• Base penalty: $16,550
• Size reduction (40%): −$6,620
• Good faith reduction (partial, ~10%): −$1,655
• History reduction: $0 (prior citation within five years)
• Adjusted penalty: approximately $8,275

This contractor qualifies for only half of the available reductions. The prior citation eliminates the history reduction entirely, and the partial documentation earns only a fraction of the good faith reduction. The total penalty is roughly 50% of the maximum — compared to the near-minimum in Scenario 1.

How to Qualify for the Maximum Penalty Reductions

The size reduction requires no special preparation — it is based on your employee count. The history reduction requires maintaining a clean OSHA record over five years. The good faith reduction is where your daily actions determine the outcome.

Here is what to build and maintain, in order of impact:

1. Written safety and health program — Customized to your company's actual operations. Does not need to be lengthy, but must be specific. Include hazard identification procedures, training requirements, incident response protocols, and employee responsibilities.
2. Training documentation system — Every safety training session — including toolbox talks — should produce a dated, signed record listing the topic, presenter, and attendees. Digital or paper, the format does not matter. Consistency and completeness do.
3. Daily site logs — A structured daily log completed by the competent person or site supervisor. Include weather, crew count, activities, equipment in use, hazards observed, and corrective actions taken. Ten to fifteen minutes per day.
4. Corrective action documentation — When a hazard is identified — whether through your own inspections, a near-miss, or a worker report — document what was found, what corrective action was taken, who was responsible, and when it was completed. This single record type has an outsized impact on penalty reduction because it directly demonstrates active safety management.
5. Equipment inspection records — Documented pre-shift and periodic inspections for scaffolds, ladders, fall protection systems, excavations, and any other equipment covered by OSHA standards.

None of these individually require significant time or expense. The total daily investment for a site supervisor is 15–20 minutes. The annual cost for templates and record-keeping supplies is a fraction of a single OSHA citation. The financial return — measured in penalty reductions that can save tens of thousands of dollars per inspection — makes this one of the highest-ROI activities a small contractor can undertake.

Penalty Reductions Are Earned, Not Given

OSHA's penalty reduction system is designed to reward employers who demonstrate active safety management. The July 2025 policy update expanded the rewards for small employers, increasing the size-based reduction to 70% for the smallest contractors and clarifying that good faith evaluations should be proportional to employer size.

But the system only works in your favor if you build the evidence. The size reduction is automatic. The history reduction requires staying clean. The good faith reduction — the one factor worth up to 25% on every violation in every inspection — requires documentation.

The contractors who pay the least in OSHA penalties are not necessarily the ones running the safest jobsites. They are the ones who can prove they are running safe jobsites. A written safety program, signed training records, consistent daily logs, and corrective action documentation — these are the records that convert your daily safety efforts into measurable financial protection.

If you are a small contractor, the reduction potential under the updated policy is substantial. A 15-person crew with strong documentation can reduce a maximum serious violation from $16,550 to the statutory minimum. A crew without documentation pays thousands more for the same violation. The difference is not size, not history, not luck. The difference is documentation.