The minimum penalty for a serious willful violation of OSHA is $5,000; the maximum penalty is $70,000. The minimum "base" penalty for a nonserious willful violation is $5,000. However, this penalty amount can be seen as a "starting point." Proposed penalties may be reduced based upon the following factors:

• the gravity or seriousness of the violation: how severe is the potential harm from employee exposure to the hazardous condition, and how probable is it that harm will in fact, result (the base penalty amount can range from $1,500 to $7,000)
• your good faith (such as cooperation in eliminating the problem); the penalty amount can be reduced by 15 or 25 percent in recognition of an employer's good faith
• the size of your business: the penalty amount can be reduced by as much as 60 percent for employers with 25 or fewer employees
• your inability to pay the proposed penalties because of financial difficulties
• your history of violations: the base penalty amount can be reduced by 10 percent if the employer hasn't been cited by OSHA in the last three years