OAR 839-019-0025
Schedule of Civil Penalties to Be Imposed
(1)
The civil penalty for any one violation shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and any mitigating and aggravating circumstances.(2)
When the Commissioner determines to impose a civil penalty for the employment of a minor without a valid employment certificate, the minimum civil penalty shall be as follows:(a)
$100 for the first offense;(b)
$300 for the second offense;(c)
$500 for the third and subsequent offenses.(3)
The civil penalties set out in section (2) of this rule shall be in addition to any other penalty imposed by law or rule.(4)
When a minor incurs a serious injury or dies while employed in violation of any of the following statutes and rules, the violation is considered to be so serious and of such magnitude that the maximum penalty will be imposed when the Commissioner determines to impose a civil penalty:(a)
Employment of a minor under 14 years of age in violation of ORS 653.320 (Employment of children under 14 years).(b)
Employment of a minor in violation of ORS 653.330 (Employment of minors in certain logging operations prohibited), 653.335 (Employment of minors as elevator operators prohibited), 653.340 (Employment of minors for message and delivery service) or 653.360 (Employment of minors in certain boating, fishing and agricultural situations).(c)
Employment of a minor in violation of OAR 839-021-0097 (Prohibited Employment for Minors under 16 Years of Age)(1)(a), 839-021-0097 (Prohibited Employment for Minors under 16 Years of Age)(1)(c) or 839-021-0097 (Prohibited Employment for Minors under 16 Years of Age)(2).(d)
Employment of a minor in violation of OAR 839-021-0102 (Occupations and Types of Work Declared Hazardous for Minors Under 16 Years of Age) or 839-021-0104 (Occupations Particularly Hazardous or Detrimental to the Health or Well-Being of Minors Under the Age of 18).(e)
Employment of a minor in violation of OAR 839-021-0280 (Operation or Assisting in the Operation of Power-Driven Farm Machinery by Minors)(2) or 839-021-0282 (Riding In or On Conveyances Connected to Power-Driven Farm Machinery by Minors).(f)
Employment of a minor in the entertainment industry in violation of OAR 839-021-0355 (Prohibited Performances of Minors Employed in the Entertainment Industry), Prohibited Performances.(5)
Willful and repeated violations of the provisions of ORS 653.305 (Bureau’s inquiry into employment of minors) to 653.370 (Civil penalty for unlawful employment of minors) or OAR 839-021-0001 to 839-021-0500 (Exemptions) are considered to be of such seriousness and magnitude that no less than $500 for each willful or repeated violation will be imposed when the Commissioner determines to impose a civil penalty.(6)
The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-019-0020 (Determination of the Amount of the Civil Penalty to Be Imposed).
Source:
Rule 839-019-0025 — Schedule of Civil Penalties to Be Imposed, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-019-0025.