OAR 437-001-0155: Determination of Penalty — Failure to Correct

(1) A citation must be issued for an employer’s failure to correct a previously cited violation. (2) Civil penalties assessed for a failure to correct a previously cited violation will not exceed the maximum penalty per day in OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (a) Such penalties may be assessed for each workday, or part of a day, that the violation is not corrected and it results in continued exposure after the ordered correction date; and (b) Such penalties must be determined by considering the probability and severity of the original violation, the efforts of the employer to correct the violation, and factors that delayed the correction of the violation. (3) Failure to correct violations are not eligible for penalty reductions for history, good faith, or immediate correction. A size reduction may be applied in accordance with OAR 437-001-0150(2) based on the original violation classification. (4) The civil penalty for failure to correct an other than serious violation may not be less than $50 per day. For all other violations, the civil penalty will be within the minimum and maximum penalty per day as adjusted annually in accordance with OAR 437-001-0142.