Oregon Department of Consumer and Business Services, Oregon Occupational Safety and Health Division

Rule Rule 437-001-0135
Evaluation of Probability to Establish Penalties


(1)

The probability of an accident that could result in an injury or illness from a violation shall be determined by the Compliance Officer and shall be expressed as a probability rating.

(2)

The factors to be considered in determining a probability rating may include, as applicable:

(a)

The number of employees exposed;

(b)

The frequency and duration of exposure;

(c)

The proximity of employees to the point of danger;

(d)

Factors, which require work under stress;

(e)

Lack of proper training and supervision or improper workplace design; or

(f)

Other factors that may significantly affect the degree of probability of an accident occurring.

(3)

The probability rating is:

(a)

Low — If the factors considered indicate it would be unlikely that an accident could occur;

(b)

Medium — If the factors considered indicate it would be likely that an accident could occur; or

(c)

High — If the factors considered indicate it would be very likely that an accident could occur.

(4)

The probability rating may be adjusted on the basis of any other relevant facts which would affect the likelihood of injury or illness.
Source

Last accessed
Jun. 8, 2021