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OSHA term · Glossary

Serious Violation

An OSHA violation where there is a substantial probability that death or serious physical harm could result, and the employer knew or, with reasonable diligence, should have known about the hazard. It carries a mandatory penalty up to $16,550 per violation and is the classification behind most OSHA citations.

Also known as: serious citation

Serious Violation at a glance

  • Mandatory penalty up to $16,550 per violation (2026).
  • Two-part test: substantial probability of serious harm + employer knew or should have known.
  • The most common OSHA classification — the bulk of citations are serious.
  • The proposed penalty starts from a Gravity-Based Penalty, then can be reduced for size, good faith, and history.

In plain English

The main kind of OSHA violation: a hazard that could realistically kill or seriously hurt someone, that the employer knew or should have known about. It comes with a required fine, not an optional one.

What the source says, in summary

A serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result … unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
OSH Act §17(k)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 missing machine guard that exposes a worker's hand to a blade is a classic serious violation: serious harm is substantially probable and the employer should have known. OSHA sets a Gravity-Based Penalty by severity — up to the $16,550 maximum — before any size or good-faith reductions.

Why it matters

Because the serious penalty is mandatory (not optional like other-than-serious) and most citations are serious, this is the classification employers meet most often. Understanding the gravity-based starting point and the available reductions is how penalties are actually negotiated down.

Serious vs. other-than-serious

A serious violation could probably cause death or serious harm — its penalty is mandatory. An other-than-serious violation relates to safety/health but isn't likely to cause serious harm — its penalty is discretionary (and often reduced to zero). The dividing line is the probable severity of harm.

Gravity-Based Penalty for a serious violation (2026)

GravityHigher severityLower severity
High$16,550$11,823
Medium$14,187$9,457
Low$11,823$7,093

Serious Violation: frequently asked questions

What makes a violation 'serious'?
Two things together: a substantial probability that death or serious physical harm could result, and that the employer knew or, with reasonable diligence, should have known about the hazard (OSH Act §17(k)).
Is the penalty for a serious violation mandatory?
Yes. Unlike other-than-serious violations (where a penalty is discretionary), a serious violation carries a mandatory penalty, up to $16,550 in 2026, though it can be reduced for employer size, good faith, and history.
How is the serious penalty calculated?
OSHA starts from a Gravity-Based Penalty set by the severity and probability of the hazard, then applies reductions for small employer size, demonstrated good faith, and a clean inspection history.

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 Serious Violation into practice

Don't just read the definition — apply it. Use the free OSHA Fine Calculator to put real numbers behind Serious Violation for your jobsite.

Get the Binder in Order Before the Inspector Arrives. Are You Ready?

OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.

Serious Violation

$16,550

per violation (max)

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