All terms
Jurisdiction-specificEnforcement
OSHA serious violation
An OSHA citation class where there is a substantial probability that death or serious physical harm could result from the alleged violation, and the employer knew or should have known of the hazard.
By jurisdiction
🇬🇧
UK HSE
“serious violation”No equivalentNo equivalent in this jurisdiction.
Jurisdiction note: HSE does not classify violations as serious, willful or repeat. Enforcement is through improvement notices, prohibition notices and prosecution. The severity of the breach affects the decision to prosecute but is not a formal penalty class.
RegulatorySource
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Irish HSA
“serious violation”No equivalentNo equivalent in this jurisdiction.
Jurisdiction note: HSA does not use OSHA citation classes. Enforcement is through improvement notices, prohibition notices and prosecution under the Safety, Health and Welfare at Work Act 2005.
RegulatorySource
🇺🇸
US OSHA
“serious violation”Exact equivalent“A serious violation is defined in OSH Act section 17(k) as a violation where there is a substantial probability that death or serious physical harm could result from a condition existing in a workplace unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. The minimum proposed penalty is mandatory.”
Note: One of four OSHA citation classes. GB and Irish enforcement use improvement and prohibition notices, not penalty classifications by violation type.
Practitioner note: Knew or should have known is the pivot. Employer knowledge is usually inferred from supervision practice, inspection records and prior incidents.
Nearest equivalent in other frameworks
- →improvement-notice (GB/IE nearest equivalent for findings with potential serious harm)