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OSHA term · Glossary

De Minimis Violation

A technical deviation from an OSHA standard that has no direct or immediate relationship to safety or health. Because there's no real hazard, a de minimis condition carries no penalty and no abatement requirement, and it isn't included on the citation — the compliance officer simply notes it to the employer.

Also known as: de minimis notice, de minimis condition

De Minimis Violation at a glance

  • No direct or immediate relationship to safety or health.
  • Carries no penalty and no abatement requirement.
  • Not included on the citation — noted to the employer separately.
  • The least serious inspection finding (below other-than-serious).

In plain English

A rule that was technically broken but in a way that doesn't actually put anyone at risk. OSHA points it out, but there's no fine, no deadline to fix it, and it doesn't even go on the citation.

What the source says, in summary

De minimis conditions are those where an employer has implemented a measure different from one specified in a standard, that has no direct or immediate relationship to safety or health. De minimis notices are not part of the citation and do not require abatement or carry a penalty.
OSHA — Field Operations Manual (de minimis)Summarized, not quoted: read the source for its operative wording.

In context

An enforcement, recordkeeping, or general-duty concept under the Occupational Safety and Health Act and 29 CFR. These terms define how OSHA inspects, cites, and penalizes employers.

29 CFR Chapter XVII

Example

A standard requires a guardrail top rail at 42 inches; an employer's rail is at 45 inches — technically outside the spec but providing equal or greater protection. With no safety impact, the compliance officer notes it as a de minimis condition: no penalty, no abatement, and it doesn't appear on the citation.

Why it matters

De minimis is the one finding with genuinely no consequences — but it's often confused with other-than-serious, which does carry a (discretionary) penalty and abatement. Recognizing a truly de minimis condition helps an employer focus its response on the findings that actually matter.

De minimis vs. other-than-serious

A de minimis condition has no safety relationship — no penalty, no abatement, not on the citation. An other-than-serious violation does relate to safety (just not likely to cause serious harm), so it carries a discretionary penalty and must be abated. Don't treat an other-than-serious item as “de minimis.”

De minimis vs. a citable violation

AspectDe minimisCitable violation
Safety/health relationshipNone (technical only)Direct relationship
PenaltyNonePossible or mandatory
Abatement required?NoYes
Where recordedNoted to employer onlyOn the citation

De Minimis Violation: frequently asked questions

Does a de minimis violation have a penalty?
No. A de minimis condition has no direct or immediate relationship to safety or health, so it carries no penalty and no abatement requirement, and it isn't included on the citation.
What's the difference between de minimis and other-than-serious?
De minimis has no safety relationship (no penalty, no abatement, not on the citation). Other-than-serious does relate to safety but isn't likely to cause serious harm — it carries a discretionary penalty and must be abated.
Is a de minimis condition on the citation?
No. The compliance officer notes it to the employer, but it does not appear on the Citation and Notification of Penalty.

Related terms

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More OSHA terms

Abatement

The action an employer takes to fix a cited violation or eliminate a hazard OSHA identified during an inspection. The citation sets an abatement date, the deadline to correct the hazard, and within 10 calendar days after that date the employer must certify to OSHA that the violation was abated. Failure to abate accrues additional penalties of up to $16,550 per day.

Area Director

The senior OSHA official in charge of a specific OSHA Area Office — the local unit that runs inspections and enforcement in its geographic territory. The Area Director has the authority to issue citations, propose penalties, hold informal conferences with employers, and approve settlement agreements. When a Compliance Safety and Health Officer (CSHO) completes an inspection, it's the Area Director who ultimately issues the citation.

Bureau of Labor Statistics (BLS)

The federal statistical agency within the U.S. Department of Labor that collects, analyzes, and publishes data on workplace injuries, illnesses, and fatalities. BLS conducts the annual Survey of Occupational Injuries and Illnesses (SOII) — compiled from employer OSHA 300 logs — and the Census of Fatal Occupational Injuries (CFOI). SOII data drives OSHA's Site-Specific Targeting (SST) program: establishments whose DART rates significantly exceed their BLS industry average are placed on the SST inspection list.

Competent Person

Under OSHA's construction standards, a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions, and who has the authorization to take prompt corrective measures to eliminate them. The role requires both knowledge and the authority to act, and is mandated by name in many specific standards — excavations, scaffolds, fall protection, asbestos, and more.

Citation

The formal written notice OSHA issues to an employer after an inspection, describing each alleged violation, the standard cited, the proposed penalty, and the date by which the hazard must be corrected (abated). OSHA must issue a citation with reasonable promptness and no later than six months after the violation occurred.

Closing Conference

The meeting at the end of an OSHA inspection where the compliance officer confers with the employer and informally advises them of any apparent violations found. Importantly, the closing conference discusses what was observed and the employer's rights — but it does NOT state final citations or penalties, which come later in the written Citation and Notification of Penalty.

Compliance Officer (CSHO)

An OSHA Compliance Safety and Health Officer — the inspector who conducts workplace inspections. A CSHO presents credentials (a photo ID and a serial number), holds the opening conference, performs the walkaround, collects evidence, interviews employees, and recommends citations. CSHOs are either safety specialists or industrial hygienists.

Contest

An employer's formal challenge to an OSHA citation, penalty, or abatement date. To contest, the employer must file a written Notice of Contest with the OSHA Area Director within 15 working days of receiving the Citation and Notification of Penalty. Filing sends the case to the independent Occupational Safety and Health Review Commission (OSHRC); missing the deadline makes the citation a final, un-appealable order.

Sources & verification

Reviewed by HazComFast against eCFR, OSHA.gov, NIOSH, and the Federal Register. Last reviewed 2026-10-05. This glossary is general information, not legal advice; OSHA State-Plan states (e.g. California, Michigan) may adopt stricter requirements.

Put De Minimis Violation into practice

Don't just read the definition — apply it. Use the free HazCom Audit Checklist (2026) to put real numbers behind De Minimis Violation for your jobsite.

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