OAR 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: Rule 437-001-0135 — Evaluation of Probability to Establish Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=437-001-0135.

437‑001‑0001
Model Rules of Procedure 437‑001‑0002
Notice to Interested Persons of Rulemaking 437‑001‑0005
Authority and Applicability of Rules 437‑001‑0010
Purpose and Scope of Rules 437‑001‑0015
Definitions 437‑001‑0020
Authority to Administer 437‑001‑0025
Liberal Construction 437‑001‑0030
Use of Gender and Number 437‑001‑0035
Occupational Safety and Health Rules 437‑001‑0045
Adoption, Amendment, or Repeal of Rules 437‑001‑0047
Voluntary Compliance Program, General 437‑001‑0050
Enforcement Program, General 437‑001‑0053
Preserving Physical Evidence at the Scene of an Accident 437‑001‑0055
Priority of Inspections 437‑001‑0057
Scheduling Inspections 437‑001‑0060
Advance Notice 437‑001‑0065
Right of Entry 437‑001‑0070
Inspection Warrants 437‑001‑0075
Opening Conference 437‑001‑0080
Inspection Without Employer or Employer Representative 437‑001‑0085
Employee Representation on Inspection Team 437‑001‑0090
Inspection Procedures 437‑001‑0096
Red Warning Notice 437‑001‑0099
Closing Conference 437‑001‑0135
Evaluation of Probability to Establish Penalties 437‑001‑0140
Evaluation of Severity to Establish Penalties 437‑001‑0145
Penalty for Other than Serious or Serious Violation 437‑001‑0155
Determination of Penalty — Failure to Correct 437‑001‑0160
Penalty Criteria — Repeat Violation 437‑001‑0165
Determination of Penalty — Repeat Violation 437‑001‑0170
Determination of Penalty — Failure to Report an Occupational Fatality, Catastrophe, or Accident 437‑001‑0171
Determination of Penalty — Failure to Register a Farm Labor Camp/Facility 437‑001‑0175
Determination of Penalty — Willful or Egregious Violation 437‑001‑0176
Determination of Penalty — Failure to Notify Employees of Advance Notice 437‑001‑0180
Determination of Penalty — Relating to Red Warning Notice 437‑001‑0201
Determination of Penalty — Relating to Field Sanitation 437‑001‑0203
Determination of Penalty — Relating to Violations Which Have No Probability and Severity. 437‑001‑0205
Citation and Notice of Penalty 437‑001‑0215
Employer Response to Citation and Notice of Penalty 437‑001‑0220
Payment of Penalties 437‑001‑0225
Penalty for Falsification 437‑001‑0230
Correction of Violation 437‑001‑0231
Abatement Verification 437‑001‑0235
Failure to Correct Violation 437‑001‑0240
Extension of Correction Date — Application 437‑001‑0245
Extension of Correction Date — Decision 437‑001‑0250
Extension of Correction Date — Revocation 437‑001‑0251
Extension of Correction Date — Hearing on the Application 437‑001‑0255
Requesting an Appeal and an Informal Conference 437‑001‑0265
Amendment, Reissue or Withdrawal of Citation 437‑001‑0270
Discretion To Prevent a Manifest Injustice 437‑001‑0275
Posting Requirements 437‑001‑0280
Posting on Selected Multi-Employer Jobsites 437‑001‑0285
Form and Content of a Complaint 437‑001‑0290
Division Action on Complaints 437‑001‑0295
Discrimination Complaint 437‑001‑0400
Application for a Variance 437‑001‑0405
Interim Order Relating to a Variance 437‑001‑0410
Administrative Action on Variance Application 437‑001‑0411
Hearings for Variance Applications 437‑001‑0415
Criteria for Variance Approval 437‑001‑0420
Decision on Variance Request 437‑001‑0425
Employer’s Duty to Meet Variance Terms 437‑001‑0430
Modification or Revocation of a Variance 437‑001‑0435
Effect of a Variance Granted by the U.S. Secretary of Labor 437‑001‑0450
Voluntary Compliance Consultative Services 437‑001‑0455
Application for Consultative Services 437‑001‑0460
Consultation 437‑001‑0700
Recording Workplace Injuries and Illnesses 437‑001‑0704
Reporting Fatalities, Catastrophes, Injuries and Illnesses to Oregon OSHA 437‑001‑0706
Recordkeeping for Health Care Assaults 437‑001‑0740
Falsification or Failure to Keep and Post Records or Make Reports 437‑001‑0742
Recordkeeping Variances and Exceptions 437‑001‑0744
Rule Addressing COVID-19 Workplace Risks 437‑001‑0760
Rules for All Workplaces 437‑001‑0765
Safety Committees and Safety Meetings. 437‑001‑0800
Application Procedures 437‑001‑0805
Application Review 437‑001‑0810
Grant Awards 437‑001‑0830
Authority for Rules 437‑001‑0835
Purpose of Rules 437‑001‑0840
Applicability of Rules 437‑001‑0845
Definitions 437‑001‑0850
Administration of Rules 437‑001‑0855
Assistance Available under the Worksite Redesign Program 437‑001‑0860
Eligibility for Worksite Redesign Assistance 437‑001‑0865
Procedure to Use the Worksite Redesign Program 437‑001‑0870
Application Review 437‑001‑0875
Grant Awards 437‑001‑0880
Program Evaluation 437‑001‑0885
Audits 437‑001‑0890
Sanctions 437‑001‑0895
Issuance/Service of Sanction Orders 437‑001‑1005
Authority and Applicability of Rules 437‑001‑1010
Purpose and Scope 437‑001‑1015
Definitions 437‑001‑1020
General Requirements 437‑001‑1025
Notification of Services 437‑001‑1030
Requests for Services 437‑001‑1035
Loss Prevention Services 437‑001‑1040
Required Loss Prevention Services 437‑001‑1050
Self-Insured and Group Self-Insured Employer Loss Prevention Assistance 437‑001‑1055
Self-Insured and Group Self-Insured Employer Loss Prevention Programs 437‑001‑1060
Self-Insured and Group Self-Insured Employer Loss Prevention Effort 437‑001‑1065
Penalty Provisions for Insurers
Last Updated

Jun. 8, 2021

Rule 437-001-0135’s source at or​.us