An OSHA Fine Has an Expiration Date. The Eighth Circuit Just Proved It.

An OSHA penalty is not a debt the government can sit on forever.

On July 1, 2026, the Eighth Circuit said so. In United States v. I-44 Truck Center & Wrecker Service, LLC, the court threw out the government’s attempt to collect more than $124,000 in OSHA penalties — because the government waited too long to sue.

What happened

OSHA cited I-44 Truck Center for violations at its Rolla, Missouri facility. The company didn’t contest the citations, so the penalties became final orders back in 2017. I-44 didn’t pay. The debts bounced from OSHA to the Treasury to private collectors to the Justice Department — and finally, in January 2023, the government sued under the Debt Collection Improvement Act to collect the balance, by then $124,567.78.

Too late, the Eighth Circuit held. The five-year statute of limitations in 28 U.S.C. § 2462 — the deadline for government actions to enforce a civil penalty — applies to these collection suits. And the clock started in 2017, when the penalties became final orders. By 2023, the window had closed. The court reversed and remanded with instructions to dismiss.

The government’s argument — that once a penalty is referred for collection it’s just a “debt,” not a penalty — didn’t fly. Collecting a penalty is still enforcing a penalty, the court said. The purpose is to punish, and § 2462 governs.

Why this matters to you

Employers tend to assume an OSHA penalty is a permanent liability that follows the company until it’s paid. This decision says otherwise — at least in the Eighth Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota).

The clock runs from the moment the citation becomes a final order — generally, when you don’t contest it within 15 working days — not from whenever the government gets around to collecting. If more than five years have passed since your penalty became final and the government is only now trying to collect in court, there may be a limitations defense sitting on the table.

One caution: the courts aren’t unanimous

The Eighth Circuit didn’t write on a blank slate — it joined the Second, Sixth, Ninth, and D.C. Circuits in applying the five-year clock to collections of previously assessed penalties. The Seventh Circuit once went the other way. And when the government defends these suits, it leans on decisions like the Tenth Circuit’s Blanca Telephone case — but the Eighth Circuit set that one aside, noting it involved clawing back an overpayment, which is about compensation, not punishment.

Different purpose, different rule. The momentum is with employers here, but the law isn’t identical in every circuit, and the government may keep pressing the “it’s just a debt” theory until the issue is fully settled.

The takeaway

Two things worth doing. First, if you’re carrying an old OSHA penalty — or a collection letter lands on one — check the date it became final before you write a check. Second, know your circuit; the answer isn’t the same everywhere.

Old OSHA fines aren’t collectible forever. But they aren’t automatically dead either. The difference can be worth six figures — and it’s worth knowing before the government comes calling.

Facing an OSHA penalty or a collection demand and not sure where you stand? Reply to this post or reach out — happy to talk it through.