OAR 437-001-0165: Determination of Penalty — Repeat Violation

(1) A civil penalty must be assessed for each serious repeat violation. The civil penalty for a serious repeat violation is determined by multiplying the civil penalty for the current violation (Table 2 of 437-001-0145(2)) by the following factors without any reductions applied: [Insert Table 1] (2) A civil penalty must be assessed for each other than serious repeat violation. The civil penalty for an other than serious repeat violation will be the minimum for repeat violations under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (3) A civil penalty must be assessed for each repeat violation that caused or contributed to a work-related fatality. The civil penalty for a repeat 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] (4) The civil penalty for a repeat serious rated violation will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (5) The civil penalty for a repeat serious rated violation that caused or contributed to a work-related fatality will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, except when the civil penalty is reduced based on employer size at the discretion of the administrator if the employer agrees to comply with additional abatement measures during the appeal process. (6) The civil penalty for a repeat other than serious rated violation will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (7) At the discretion of the Administrator, a civil penalty may be issued for any repeat violation and for any repeat 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. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]