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 will be determined by the Compliance Officer and will 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 that require work under stress; (e) Lack of proper training and supervision or improper workplace design; or (f) Other factors that may significantly affect the probability of an accident occurring. (3) The probability rating is: (a) Low – If the factors considered indicate that the likelihood an accident could occur is lower than typical; (b) Medium – If the factors considered indicate that the likelihood an accident could occur is typical; or (c) High – If the factors considered indicate that the likelihood an accident could occur is higher than typical. (4) The probability rating may be adjusted on the basis of any other relevant facts that would affect the likelihood of injury or illness.