OAR 437-001-0145
Penalty for Other than Serious or Serious Violation
(1)
A penalty must be assessed for any serious violation and may be assessed for any other than serious violation as established by the intersection of the probability rating and severity rating on the Penalty Schedule (Table 1). In a case where probability and severity are not appropriate considerations, a penalty may be assessed by considering the facts of the violation. Table 1 (attached).(2)
Penalty adjustments will be made based on an employer’s size for all violations except failure to correct. Additional adjustments for an employer’s compliance history, injury and illness history, demonstrated good faith efforts, and corrective action taken at the time of the inspection will be determined by the Compliance Officer and assessed as follows:(a)
Size adjustments – based on state wide peak employment: Table 2 (attached).(b)
History adjustments will be based on injuries and illnesses (and trends) during the previous three years, including available information from both Workers’ Compensation data and Bureau of Labor Statistics. This assessment will also include a review of the employer’s violation history within the past 3 years. Adjustments will be made as follows:(A)
10% reduction if the compliance officer determines that the information demonstrates a positive history overall.(B)
No reduction if the compliance officer determines that history is what would be expected of a typical employer.(C)
10% increase if the compliance officer determines that the information demonstrates a negative history overall.(c)
Good faith adjustments will be determined by, but not limited to, review of certain criteria as follows:(A)
Evidence of an overall safety and health program.(B)
Effective communication of safety and health policies.(C)
Promotion of safety and health prior to the inspection.(D)
Employees are clearly involved in the safety and health program.(E)
Management’s commitment at all levels is apparent.(F)
Worksite hazard analysis is conducted.(G)
Employees and managers alike are held accountable for safety and health. Adjustments will be made as follows:(H)
20% reduction in penalties if the compliance officer determines that the information demonstrates a better than average effort to comply with the law and rules.(I)
No adjustment if the compliance officer determines that the information demonstrates an employer’s good faith effort is at the norm.(J)
20% increase in penalties if the compliance officer determines that the information demonstrates a poorer than normal effort to comply with the law and rules.(d)
A 10% reduction will be provided for immediate corrections of violations or other unsafe conditions identified during the inspection provided that such corrective action is substantial and not temporary or superficial.(3)
Penalty adjustments, except for size, will not be applied to repeat violations, willful violations, or any violation that the compliance officer determines contributed to an injury, illness, or death of an employee. Adjustments will not reduce the penalty to less than the mandatory minimum penalty that has been established by rule or statute or increase the penalty beyond the maximum penalty established by statute.(5)
Penalties for combined violations will be calculated by taking the number of violations into account when assessing probability. Severity will be determined by identifying the most severe reasonably predictable injury or illness that could occur.(6)
The penalty for grouped violations of different rules is calculated by determining the probability and severity for the entire group.(7)
The Administrator may assess a penalty of up to $12,675 for any violation after considering the facts.
Source:
Rule 437-001-0145 — Penalty for Other than Serious or Serious Violation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=437-001-0145.