1. (1) A civil penalty must be assessed for each willful violation. The civil penalty for a willful violation is determined by the intersection of the probability rating and severity rating in accordance with Table 1 below, as adjusted annually in accordance with OAR 437-001-0142:

   [Insert Table 1]

2. (2) A civil penalty must be assessed for each willful violation that caused or contributed to a work-related fatality. The civil penalty for a willful violation that caused or contributed to a work-related fatality is determined by the intersection of the probability rating and severity rating in accordance with Table 2 below, as adjusted annually in accordance with OAR 437-001-0142:

   [Insert Table 2]

3. (3) Willful violations that caused or contributed to a work-related fatality are not eligible for employer size reductions.
   (4) At the discretion of the Administrator, a civil penalty may be issued for any willful violation and for any willful violation that caused or contributed to a work-related fatality up to the maximum penalty amount in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.
   (5) For egregious violations, the Administrator may assess a separate civil penalty for each instance of a violation under section (1) or (2) of this rule.

   [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented

ORS 654.001 through 654.295

History

OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1985, f. 8-5-75, ef. 9-1-75