Puerto Rico OSHA Updates Penalty Structure for Employer Noncompliance

Puerto Rico (PR) OSHA has issued a public notice announcing revisions to the fines and penalties imposed on employers for noncompliance with adopted OSHA standards, effective as of November 3, the date of the notice’s publication. Under the updated penalty framework, willful or repeated violations carry a minimum fine of $11,823 and a maximum of $165,514 per violation. Serious violations are subject to penalties ranging from $1,221 to $16,550 per violation, while non-serious violations carry no minimum penalty and a maximum of $16,550 per violation. Employers that fail to correct a cited violation may be fined up to $16,550 per day until the violation is remedied. Failure to comply with posting notice requirements may result in penalties of up to $16,550.

These revised penalty amounts are intended to align PR OSHA enforcement with federal OSHA standards and to strengthen deterrence against workplace safety and health violations in Puerto Rico. The adjustments were adopted pursuant to PR OSHA’s authority under the Puerto Rico Workplace Safety and Health Act, Act No. 16 of August 5, 1975 (Act No. 16), as amended by Act No. 212-2024. Employers in Puerto Rico are encouraged to review and strengthen their workplace safety and health programs to ensure full compliance with current regulations and to avoid significant financial exposure resulting from noncompliance.

Employers with concerns about compliance with safety standards applicable to their operations and/or are interested in obtaining an audit and tailored recommendations for their business, are encouraged to consult with employment counsel.