OAR 839-019-0025: Schedule of Civil Penalties to Be Imposed

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $10,000 for each violation described in OAR 839-019-0010. (2)(a) The Commissioner may enter into a settlement agreement with an employer, pursuant to which a civil penalty will be suspended pending successful fulfillment of the agreement. (b) The Commissioner may enter into a compliance agreement with an employer, pursuant to which an employer agrees to perform or not to perform specified acts, in exchange for a reduction in the amount or number of civil penalties assessed. (c) This section (2) does not limit the authority of the Commissioner to enter into a consent order or any other form of agreement with an employer. (3)(a) The civil penalty for violation of ORS 653.307, or otherwise employing a minor without a valid employment certificate, shall be in the amount of $250 if: (A) The only violation alleged in the notice of intent to assess civil penalties is the failure to obtain an employment certificate; (B) The employer was not subject to an agreement described in section (2) of this rule at the time the violation was committed; (C) The employer has cured the violation; and (D) The Bureau has not issued the employer a final order for a violation described in OAR 839-019-0010 within the past five years. (b) Unless the provisions of subsection (a) of this section apply, the civil penalty for violating ORS 653.307, or otherwise employing a minor without a valid employment certificate, shall be in the amount of $1,000. (4) The civil penalty for violating any of the following statutes or rules shall be in an amount not less than $5,000 and not exceeding $10,000: (a) Employment of a minor in violation of ORS 653.330, 653.335, 653.340 or 653.360. (b) Employment of a minor in violation of OAR 839-021-0097. (c) Employment of a minor in violation of OAR 839-021-0102, 839-021-0104, or 839-021-0106. (d) Employment of a minor in violation of OAR 839-021-0067, 839-021-0070, or 839-021-0087 for the third or subsequent time. (5) The civil penalty for violation of any of the following statutes or rules shall be in an amount not less than $1,000 and not exceeding $2,500: (a) Employment of a minor in violation of the provisions of ORS 653.305 to 653.370 or OAR 839-021-001 to 839-021-0500 that is not specifically identified in section (4) of this rule. (b) Employment of a minor in violation of OAR 839-021-0067, 839-021-0070, or 839-021-0087 for the first and second time. (6) When this rule provides a range of civil penalties, the Commissioner may consider the value of deterrence and any aggravating or mitigating circumstances, including: (a) Measures taken by the employer to promptly prevent or correct violations of the law; (b) Any prior violations of the law committed by the employer; (c) The magnitude and seriousness of the violation; and (d) Each of the factors described in 29 CFR 579.5. (7) Notwithstanding any other provision of this rule: (a) No less than the maximum civil penalty amount identified in sections (4) and (5) of this rule shall be assessed if the violation: (A) Is willful and repeated; or (B) Resulted in an imminent danger to minor employees, or a substantial probability that death or a serious injury, illness or condition could have occurred, while performing duties on behalf of the employer. (b) The civil penalty when a minor incurs a serious injury, illness or condition, or dies, while performing duties on behalf of the employer in violation of the provisions of ORS 653.305 to 653.370 or OAR 839-021-0001 to 839-021-0500, may be in an amount that does not exceed $10,000. (8) As used in this rule, “serious injury, illness or condition” includes “serious injury” as that phrase is defined in 29 CFR 579.2.