What is a serious violation under OSHA?
A serious violation exists in a workplace when there is a substantial probability that death or serious physical harm could result from a condition or practice. It does not exist if the employer did not know of it and could not have known with reasonable diligence.
By Cairn. Updated . Sources: eCFR text as of October 27, 2026, U.S. Code, 2024 edition.
The legal definitions
“For purposes of this section, 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 from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.”
“Adjusted civil monetary penalties. The adjusted civil penalties for penalties proposed after January 15, 2025 are as follows:
(3) Serious violation. The penalty for a serious violation under section 17(b) of the Act, 29 U.S.C. 666(b), shall not exceed $16,550.”
Where it applies
- 29 U.S.C. 666, Civil and criminal penalties 2 paragraphs use the term.
- 29 CFR 1903.15, Proposed penalties 2 paragraphs use the term.
- 29 CFR 1903.19, Abatement verification 2 paragraphs use the term. Read the text on eCFR.
In the enforcement record
Cairn has a page for each of the 248 sections of 29 CFR with at least 50 cited violations from January 2016 through September 10, 2026. Together they hold 1,108,318 cited violations from federal and state-plan agencies. Of those, 786,317 (70.9%) are recorded as serious.
Cairn data, October 2026 snapshot.
See every standard ranked by citationsSources
- 29 U.S.C. 666, Civil and criminal penalties. U.S. Code, 2024 edition, current through January 6, 2025, from govinfo.gov.
- 29 CFR 1903.15, Proposed penalties. eCFR, text as of October 27, 2026.
- Cairn data, October 2026 snapshot. Cairn analysis of the OSHA enforcement record.
Written by Cairn, updated . The quoted text is copied from the sources above. A test compares each quotation with a stored copy of the source, and a separate script compares that copy with the live sources. This page explains the law and is not legal advice.