Prohibited Acts Fines and Penalties (2023)

Section 48. Prohibited Acts– The following acts are prohibited:

1. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same;

2. Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in established pursuant;

3.The open burning of solid waste;

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4. Causing or permitting the collection of non-segregated or unsorted wastes;

5. Squatting in open dumps and landfills;

6. Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas;

7. Unauthorized removal of recyclable material intended for collection by authorized persons;

8. The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal;

9. Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;

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10. The manufacture, distribution or use of non-environmentally acceptable packaging materials;

11. Importation of consumer products packaged in non-environmentally acceptable materials;

12. Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content";

13. Transport and dumplog in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other than centers or facilities prescribe under this Act;

14. Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU;

15. The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfill; and

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16. The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof.

Section 49. Fines and Penalties

1. Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;

2. Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15) days, or both;

3. Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to not more than six (6) months, or both;

4. Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year.

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5. The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).

6. Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both;

7. Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.

8. If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in accordance with the law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this Act.

9. If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings.

10. The fines herein prescribed shall be increased by at lest ten (10%) percent every three (3) years to compensate for inflation and to maintain the deterrent functions of such fines.

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Section 50. Administrative SanctionsLocal government officials and officials of government agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with R.A. 7160 and other existing laws, rules and regulations


What type of OSHA penalties carry the highest fines? ›

1. Serious
  • High-gravity (serious) violation penalties are $14,502.
  • Moderate-gravity (semi-serious) violation fines range from $8,287 – $12,431.
  • A low-gravity (less serious) violation fine is $6,215 for each incurred penalty.
Jan 1, 2023

What is the maximum fine per violation according to the standards of OSHA? ›

Therefore, new OSHA penalty amounts will become effective Jan. 17, 2023. OSHA's maximum penalties for serious and other-than-serious violations will increase from $14,502 per violation to $15,625 per violation.

What is the maximum fine an employer may face for a deliberate and intentional violation of an OSHA standard? ›

Any employer who willfully violates any standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act, and that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more ...

What is the most serious OSHA violation? ›

Willful Violations: This is considered the most serious OSHA violation category. An employer can be issued a Willful Violation if they intentionally violate OSHA regulations or demonstrate severe disregard for their employees' health and safety. The maximum fine for a Willful violation is $70,000.

What are the 10 most frequently cited OSHA standards violations? ›

Top 10 Most Frequently Cited OSHA Violations in 2022
TypeNumber of Violations
1. Fall Protection (General)5,260
2. Hazard Communication2,424
3. Respiratory Protection2,185
4. Ladders2,143
6 more rows

What are the top 5 OSHA violations? ›

OSHA's Top 10 Safety Violations 2022
  • 1 Fall Protection–General Requirements – 5,260 citations. ...
  • 2 Hazard Communication – 2,424 citations. ...
  • 3 Respiratory Protection – 2,185 citations. ...
  • 5 Scaffolding – 2,058 citations. ...
  • 6 Lockout/Tagout – 1,977 citations. ...
  • 7 Powered Industrial Trucks – 1,749 citations.
Nov 1, 2022

How are OSHA fines determined? ›

Proposed penalties are the penalty amounts OSHA issues with citation(s). Penalties are adjusted annually based on the Consumer Price Index for All Urban Consumers (CPI-U) as determined by the Office of Management and Budget. Current penalties are listed in the OSHA Memorandum Annual Adjustments to OSHA Civil Penalties.

What are the penalties under OSHA? ›

Offences: (i) obstructing discharge of duties of Inspector, punishable with imprisonment upto 3 months and fine upto 1 lakh rupees, (ii) death of employee, punishable with imprisonment upto 2 years, or fine upto 5 lakh rupees, or both, (iii) where penalty is not specified, fine on employer of 2-3 lakh rupees, and (iv) ...

What are the fines and penalties for OSHA 2023? ›

The minimum and maximum OSHA penalties for workplace safety and health violations will increase by 7.7% for 2023.
New OSHA Penalties.
Penalty Type2022 Maximum Penalty2023 Maximum Penalty
Failure to abate$14,502/per day$15,625/per day
Posting requirement$14,502$15,625
2 more rows
Feb 8, 2023

What types of violations and penalties may be proposed OSHA? ›

There are six specific categories of OSHA violations, each of which carries either a recommended or a mandatory penalty.
  • De Minimis Violations. ...
  • Other-than-Serious Violations. ...
  • Serious Violations. ...
  • Willful Violations. ...
  • Repeated Violation. ...
  • Failure to Abate Prior Violation.

Which type of penalty has a mandatory fine of up to $7000? ›

Violations of posting requirements (a civil penalty of up to $7,000). Assaulting a compliance officer while they are engaged in the performance of their duties (a fine of not more than $5,000 and possible imprisonment for not more than three years).

What are workplace penalties? ›

The employer is allowed by law to impose disciplinary actions against these erring employees to correct unlikable behavior. As a result, sanctions or penalties may be imposed ranging from verbal warning, written reprimand, suspension without pay, and ultimately to dismissal from employment.

What are the penalties can be imposed to an employee for violating their OSH responsibilities? ›

At present, Section 15 (1) of the Occupational Safety and Health Act 1994 provides a maximum fine of up to RM50,000, or a jail term of up to two years, or both, for negligence.

What is the maximum fine for an employee who fails to comply with the OHS Act? ›

shall be guilty of an offence and on conviction be liable to a fine not exceeding R50 000 or to imprisonment not exceeding one year or to both such fine and such imprisonment.

How many times can you fail OSHA? ›

OSHA courses allow three attempts to pass an exam. You must score at least 70% to pass an exam. If you receive a failing grade three times on any one exam, it is considered failure from the course. At that point you will not be able to continue and a new course must be registered and started from the beginning.

Can OSHA get you fired? ›

Protection from Retaliation

It is illegal for an employer to fire, demote, transfer or otherwise retaliate against a worker who complains to OSHA and uses their legal rights. If you believe you have been retaliated against in any way, file a whistleblower complaint within 30 days of the alleged retaliation.

Can you fail OSHA? ›

They have 3 attempts to pass the final exam at a 70% or better passing grade. Students must complete a course evaluation survey at the end of the final exam. If a student fails any of the quizzes or final exam after three attempts, they must restart the training in its entirety.

How do you beat an OSHA citation? ›

If you disagree with the citation, you must contest it in writing to OSHA within 15 working days from the day you receive the citation (this letter is called a “Notice of Intent to Contest”). If you do not contest within this window, your citation will become a final order not subject to review by any court or agency.

What are types of violations? ›

There are three categories of violation – routine, situational and exceptional.

What is an example of a willful violation OSHA? ›

For example, a safety inspector notifies a property owner that there is a danger that will cause injuries on the premises. The property owner neglects to remedy the hazard and does not make anyone aware of the danger. This may be deemed a willful violation due to the blatant disregard for safety.

What are three 3 Ways complaints can be filed with OSHA? ›

How to File a Safety and Health Complaint
  • Online - Use the Online Complaint Form. ...
  • Fax/Mail/Email - Complete the OSHA Complaint Form [Español], or Send a Letter Describing Your Complaint. ...
  • Telephone - Call Your Local OSHA Office or 800-321-6742 (OSHA) ...
  • In Person - Visit Your Local OSHA Office.

What are the top 3 citations given out by OSHA? ›

OSHA's Top 5 most cited General Industry Standards
  • Respiratory Protection. The most frequently cited General Industry OSHA standard is the Respiratory Protection standard, 1910.134. ...
  • Hazard Communication. The next standard OSHA compliance officers cite most frequently is Hazard Communication, 1910.1200. ...
  • Lockout/Tagout.
Jan 4, 2022

What are 3 examples of OSHA standards? ›

Examples of OSHA standards include require- ments to provide fall protection, prevent trenching cave-ins, prevent exposure to some infectious diseases, ensure the safety of workers who enter confined spaces, prevent exposure to such harmful substances as asbestos and lead, put guards on machines, provide respirators or ...

Are OSHA fines negotiable? ›

OSHA may negotiate lower penalties in exchange for fixing things specifically addressed in the citation. It is not always possible to negotiate fines with OSHA.

What works best to reduce OSHA fines? ›

We will outline some ways you can not only create a safe working environment but ideally avoid costly OSHA citations.
  • Develop a safety plan. ...
  • Ensure comprehensive training. ...
  • Provide any necessary PPE. ...
  • Empower your employees.

What does OSHA look for the most? ›

Generally, OSHA inspections concentrate on the most hazardous sites found in the workplace. Complaints from employees and referrals from agencies, organizations or the media also receive elevated attention. Workplaces with ten or fewer employees are exempt from random inspections by federal OSHA officials.

What are the penalties for non compliance of the OHSA? ›

OHSA penalties

a fine of up to $500,000 for all other persons and/or up to 12 months imprisonment. a fine of up to $1,500,000 for directors and officers of corporations and/or up to 12 months imprisonment.

Are there penalties for violating any of the OSHA standards concerned with safety in the workplace? ›

OSHA's Penalties for Violations

OSHA's current inflation-adjusted penalties for violations are as follows: $13,653 for a single serious violation. $13,653 per day for failing to abate the violation. $9,753 (minimum) for repeated and willful violations.

What are the penalties can be imposed to an employee for violating their OSH responsibilities in Malaysia? ›

General duties of employees at work.

(2) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not-exceeding one thousand ringgit or to imprisonment for a term not exceeding three rnonths or to both.

What is the maximum fine for a willful or repeat OSHA violation quizlet? ›

OSHA can fine an organization up to a maximum penalty of $70,000 if the violation is severe, willful, and repetitive. For violations not meeting those criteria, the maximum fine is $7,000.

Does OSHA 30 last forever? ›

Will my Cal/OSHA certification and OSHA 30 card expire? Your Cal/OSHA certification and OSHA card will not expire. However, employers may require you to complete refresher training periodically, such as every three to five years, to ensure you're up to date on workplace safety and health protocols.

What are some things that may classify a violation as a willful violation? ›

WILLFUL: A willful violation is defined as a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.

Who can be cited and fined for OSHA violations quizlet? ›

In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term.

What are the fines and penalties? ›

Fines and Penalties means fines and penalties which are civil, strict or administrative and which are insurable in the jurisdiction in which the Claim giving rise to them is determined. Fines and Penalties do not include any Tax Liability and/or Superannuation Liability.

What is considered a penalty? ›

A penalty is the punishment imposed upon a person who has violated the law, whether or a contract, a rule, or regulation. A penalty can be in response to either civil or criminal violations, though civil penalties are usually less severe.

What are the fines which employer can made? ›

The maximum fine that an employer can impose on an employee or worker is 3% of the salary of the employee. Having said that, a proper show cause procedure must be completed before the fines can be imposed. Moreover, a young person worker who is less than 15 years of age cannot be levied a fine.

What are the disciplinary action penalties? ›

Dismissal or other sanction

Such a penalty may include disciplinary transfer, disciplinary suspension without pay, demotion, loss of seniority or loss of increment. These sanctions may only be applied if allowed for in the employee's contract or with the employee's agreement.

How do you penalize an employee? ›

What are the steps to discipline an employee?
  1. Verbal warning. When an issue arises, a serious conversation should take place between the manager and the employee. ...
  2. Written warning. If the problem persists, conduct a second conversation and fully document the interaction. ...
  3. Suspension and improvement plan. ...
  4. Termination.

Which of the following could be a penalty for violating a company's code of conduct? ›

Whether it's a voluntary professional code of conduct for a trade association or one you're required to sign by your employer, breaching these ethics agreements can cause you to be warned, disciplined, suspended or terminated.

What is the fine for not having a OHS policy in a workplace? ›

The National Occupational Health and Safety Service (NOHSS) have issued a number of penalty notices to individuals ranging from $50.00 to $1000.00 for not wearing Personal Protective Equipment and for failing to have Documented Safe Systems of Work.

What is the penalties for individual for failure to comply with safety at worksite? ›

Individuals may be liable to penalties, including a fine and/or imprisonment, for offences under the WSHA. The possible penalties provided under the WSHA for offences relating to the violation of workplace stakeholder duties are a fine or an imprisonment term.

What are 3 consequences of non compliance? ›

What are the consequences of non-compliance in the workplace? The absence of an effective health and safety management programme can affect the health and safety culture within the business, which in turn could have a disastrous impact on life, production, business continuation, time and money.

What is the biggest OSHA fine? ›


What are the 5 most frequent OSHA violations? ›

OSHA's Top 10 Safety Violations 2022
  • 1 Fall Protection–General Requirements – 5,260 citations. ...
  • 2 Hazard Communication – 2,424 citations. ...
  • 3 Respiratory Protection – 2,185 citations. ...
  • 5 Scaffolding – 2,058 citations. ...
  • 6 Lockout/Tagout – 1,977 citations. ...
  • 7 Powered Industrial Trucks – 1,749 citations.
Nov 1, 2022

What are the four 4 elements required to prove a violation of OSHA's general duty clause? ›

The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed; The hazard was recognized; The hazard was causing or was likely to cause death orserious physical harm; and. There was a feasible and useful method to correct the hazard.

What are the top 4 hazards within OSHA? ›

These presentations focus on the Big Four Construction Hazards – falls, electrocution, caught-in and struck-by. All training materials will cover the four hazards seen regularly on construction sites and will focus on the methods for the recognition and the prevention of these common hazards.

Which violation tops OSHA's top 10 most cited violations? ›

Top 10 standards cited as “serious,” fiscal year 2022
1Fall Protection – General Requirements (1926.5014,823
2Ladders (1926.1053)2,236
3Scaffolding (1926.451)2,155
4Hazard Communication (1910.1200)1,894
6 more rows
Nov 27, 2022

What is the most violated OSHA regulation under the compliance requirement? ›

Common OSHA Violations

The most common OSHA violation involves scaffolding. OSHA mandates that employers must protect their employees from falls and falling objects while they work on or near scaffolding of 10 feet or higher.

What are OSHA's six priorities? ›

With an estimated 7 million worksites to cover, OSHA prioritizes its inspections based on immediate danger situations, severe injuries, worker complaints, referrals, targeted inspections, and follow-up inspections.

What is an example of a General Duty Clause violation? ›

Some examples of common citations under the General Duty Clause are: use of cell phones while driving that led to work-related accidents; incidents related to industrial storage racking, such as not having the permissible load limit clearly marked.

What are the big 3 in safety? ›

For any hazard or emergency on campus, there are three key protective actions that you can take. They apply in so many different situations that we call them "The Big 3". Please take some time to become familiar with how to evacuate, shelter-in-place and secure-in-place.

What causes 90% of all workplace injuries? ›

Stress, dehydration, fatigue, and burnout – between 80 and 90% of all workplace accidents are caused by human error, and the likelihood of these injuries increases when workers are stressed or fatigued.

How do you beat OSHA? ›

Follow these tips so you won't be caught off guard for your next OSHA inspection.
5 Tips for How to Pass an OSHA Inspection
  1. Establish a Procedure. ...
  2. Have Records Accessible. ...
  3. Don't Avoid Questions. ...
  4. Address Issues Quickly. ...
  5. Provide Training.

What is OSHA's #3 most cited violation? ›


OSHA's respiratory protection standard sets expectations for control measures, respirator use, cleaning and repair, written programs, and medical evaluations for workers who wear respirators.

Does OSHA investigate every complaint? ›

OSHA evaluates each complaint to determine how it can be handled best--an off-site investigation or an on-site inspection. Workers who would like an on-site inspection must submit a written request.


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