An OSHA violation where the employer knew or should have known there was a high probability of serious harm is classified as what type of violation?

The classification of an OSHA violation as a serious violation applies when an employer is aware or should have been aware of conditions that pose a substantial risk of serious harm or death. This means that the employer had a duty to recognize safety hazards and failed to act accordingly, putting employees at significant risk of injury or fatality. The key elements that define a serious violation are the likelihood of harm occurring, the potential severity of the injury, and the employer's awareness of the hazard's existence.

In this context, a serious violation indicates a serious level of negligence or oversight on the part of the employer regarding workplace safety standards. It is meant to encourage employers to maintain strict safety protocols to prevent potential accidents that could have dire consequences. Understanding this classification helps emphasize the importance OSHA places on worker safety and the legal implications for employers who neglect to address known hazards.

Other classifications, such as minor, willful, and repeat violations, refer to different levels of intentionality, severity, or past offenses, but in this case, the indicator of an imminent risk of serious harm aligns clearly with the definition of a serious violation.