Which statement best describes a serious violation?

• A. A minor safety lapse
• B. A near-miss
• C. A violation with no potential for harm
• D. A violation with substantial probability of death or serious harm that should have been known by the employer

Answer: (D)

Think about the level of harm and who should have known about the hazard. A serious violation is defined by two things: a high potential for harm and the expectation that the employer should have known about the hazard and taken steps to prevent it. The statement describes a violation with substantial probability of death or serious harm, and it adds that the employer should have known about the hazard. That combination—high risk and the employer’s awareness—makes it a serious violation.

A minor safety lapse lacks the kind of risk or consequence that would put workers in serious danger. A near-miss involves an incident that could have caused harm but did not, so it isn’t itself a violation under most definitions. A violation with no potential for harm isn’t a serious violation because the harm potential is absent.