OSHA term · Glossary
Other-Than-Serious Violation
Verified vs OSHA sources · 2026-10-05
An OSHA violation that has a direct relationship to job safety and health but is not likely to cause death or serious physical harm. Unlike a serious violation, its penalty is discretionary — OSHA may propose up to $16,550, but often reduces it, sometimes to zero. It sits between a de minimis violation (no penalty) and a serious violation (mandatory penalty).
Also known as: OTS violation, non-serious violation
Other-Than-Serious Violation at a glance
- Penalty is discretionary — up to $16,550, and often reduced or waived.
- Has a direct safety/health relationship, but serious harm is unlikely.
- Contrasts with a serious violation (mandatory penalty) and de minimis (no penalty).
- Still requires abatement by the date on the citation.
In plain English
A real rule violation that matters for safety but probably wouldn't cause a death or serious injury. The fine is optional — OSHA can charge up to the max, waive it, or land somewhere in between.
What the rule says
“Other-than-serious violation. The penalty for an other-than-serious violation under section 17(c) of the Act, 29 U.S.C. 666(c), shall not exceed $16,550.”
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.
Where this is written in OSHA's rules
- 29 CFR 1903.15Read on eCFR / OSHA.gov
- 29 CFR 1903.15(d)(4)Read on eCFR / OSHA.gov
Example
A missing entry on a required form, or a recordkeeping paperwork gap, may be cited as other-than-serious: it violates a standard but isn't likely to cause serious harm, so OSHA might propose a small penalty — or reduce it toward $0 for a small employer acting in good faith.
Why it matters
Because its penalty is discretionary, an other-than-serious violation is where employer size, a documented safety program, and a clean history most directly cut the fine. It's also a signal to fix the underlying gap before a similar, higher-severity hazard turns into a serious citation.
Other-than-serious vs. serious vs. de minimis
De minimis has no direct safety relationship — no penalty, no abatement. Other-than-serious has a safety relationship but serious harm is unlikely — discretionary penalty. Serious means serious harm is substantially probable — mandatory penalty. The likely severity of harm sets the tier.
Low-to-mid severity classifications
| Classification | Likelihood of serious harm | Penalty |
|---|---|---|
| De minimis | No direct safety/health relationship | None (no penalty or abatement) |
| Other-than-serious | Related to safety, but serious harm unlikely | Discretionary, up to $16,550 |
| Serious | Substantial probability of serious harm | Mandatory, up to $16,550 |
Other-Than-Serious Violation: frequently asked questions
- What is the difference between a serious and an other-than-serious violation?
- A serious violation means death or serious physical harm is substantially probable, and it carries a mandatory penalty (up to $16,550). An other-than-serious violation relates to safety but isn't likely to cause serious harm, and its penalty is discretionary.
- Can an other-than-serious violation have no penalty?
- Yes. Because the penalty is discretionary, OSHA can reduce it — including to $0 — based on the employer's size, good faith, and history, though the hazard still must be abated.
- Do I still have to fix an other-than-serious violation?
- Yes. Regardless of the penalty, the citation sets an abatement date by which the cited condition must be corrected.
Related terms
Free tools for this
More OSHA terms
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 DirectorThe 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 PersonUnder 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.
CitationThe 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 ConferenceThe 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.
ContestAn 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
- 29 CFR 1903.15 (eCFR / OSHA.gov)
- 29 CFR 1903.15(d)(4) (eCFR / OSHA.gov)
- OSHA — Penalties
- 29 CFR 1903.15 — Proposed penalties (eCFR)
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.
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