ORS 654.086: Civil penalty for violations; classification of violations; penalty adjustments; payment and disposition of penalty moneys; reporting.

Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07

(1) The Director of the Department of Consumer and Business Services or the authorized representative of the director has the authority to assess civil penalties as provided by this section for violation of the requirements of a state occupational safety or health statute or the lawful rules, standards or orders adopted under the statute, as follows: (a)(A) Any employer who receives a citation for a serious violation of such requirements shall be assessed a civil penalty of not more than $15,625, but not less than $1,116, for each violation. (B) If the serious violation caused or contributed to the death of an employee, the civil penalty amount shall be increased to not more than $50,000, but not less than $20,000, for each violation. (b) Any employer who receives a citation for a violation of such requirements, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty, not to exceed $15,625, for each violation. (c)(A) Any employer who willfully or repeatedly violates such requirements may be assessed a civil penalty of not more than $156,259, but not less than $11,162, for each willful or repeated violation. (B) If an employer’s willful or repeated violation caused or contributed to the death of an employee, the civil penalty amount shall be increased to not more than $250,000, but not less than $50,000, for each willful or repeated violation. (C) In determining whether a violation is repeated for purposes of this subsection, the director shall consider the employer’s history of violating the requirements of a state occupational safety or health statute or the lawful rules, standards or orders adopted under the statute. (d) Any employer who receives a citation, as provided in ORS 654.071 (4), for failure to correct a violation may be assessed a civil penalty, not to exceed $15,625, for each day during which the violation continues. (e) Any employer who knowingly makes any false statement, representation or certification regarding the correction of a violation shall be assessed a civil penalty of not less than $100. (f) Any employer who violates any of the posting requirements, as prescribed under the provisions of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, may be assessed a civil penalty for each violation. (g) Any person who violates the provisions of ORS 654.082 (2) or (3) shall be assessed a civil penalty of not less than $100 for each violation. (h) Notwithstanding paragraph (b) of this subsection, an employer who substantially fails to comply with ORS 654.174 (1) shall be assessed a civil penalty of not less than $250 for each violation. (i) Any insurer or self-insured employer who violates any provision of ORS 654.097, or any rule or order carrying out ORS 654.097, shall be assessed a civil penalty. Each violation, or each day a violation continues, shall be considered a separate offense. (2) For the purposes of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. (3) Civil penalties assessed by the Department of Consumer and Business Services against an employer for repeated violations of any of the following may not receive a penalty adjustment, based on employer size, that reduces the amount of the civil penalty assessed against the employer, unless the penalty adjustment is conditioned upon the employer agreeing to comply with additional abatement measures as determined by the department: (a) A willful violation under subsection (1)(c) of this section; and (b) A serious violation resulting in a work-related fatality. (4) The director shall, not later than January 15 of each year, adjust the amount of civil penalties that may be imposed under this section to account for the percentage increase or decrease, if any, in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor or its successor. (5) When an order assessing a civil penalty becomes final by operation of law or on appeal, unless the amount of penalty is paid within 20 days after the order becomes final, it constitutes a judgment and may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. The penalty provided in the order so recorded shall become a lien upon the title to any interest in property owned by the person against whom the order is entered, and execution may be issued upon the order in the same manner as execution upon a judgment of a court of record. (6) Except as provided in subsection (7) of this section, civil penalties collected under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 shall be paid into the Consumer and Business Services Fund. (7) Civil penalties assessed under this section for a violation of ORS 658.750 shall be credited to the Agricultural Worker Housing Development Account of the Oregon Housing Fund. (8) The director shall submit a report at least annually to the interim committees of the Legislative Assembly related to business and labor that summarizes: (a) The total number and total amount of penalties assessed by the department; (b) The total number of appeals of citations, violations and penalty assessments filed with the department; and (c) The total number of inspections completed by the department, along with the scope of the inspections and the circumstances that led to the inspections. [1973 c.833 §21 (enacted in lieu of 654.050); 1981 c.696 §5; 1983 c.696 §22; 1985 c.423 §4; 1987 c.884 §56; 1989 c.962 §20; 1991 c.67 §159; 1991 c.570 §1; 1991 c.640 §2; 1995 c.640 §1; 2001 c.310 §4; 2007 c.432 §2; 2017 c.238 §2; 2021 c.525 §25; 2023 c.126 §2]

Administrative rules citing this section

OAR 437-001-0001: Model Rules of Procedure — implements
OAR 437-001-0002: Notice to Interested Persons of Rulemaking — implements
OAR 437-001-0005: Authority and Applicability of Rules — implements
OAR 437-001-0010: Purpose and Scope of Rules — implements
OAR 437-001-0015: Definitions — implements
OAR 437-001-0020: Authority to Administer — implements
OAR 437-001-0025: Liberal Construction — implements
OAR 437-001-0030: Use of Gender and Number — implements
OAR 437-001-0035: Occupational Safety and Health Rules — implements
OAR 437-001-0045: Adoption, Amendment, or Repeal of Rules — implements
OAR 437-001-0047: Voluntary Compliance Program, General — implements
OAR 437-001-0050: Enforcement Program, General — implements
OAR 437-001-0053: Preserving Physical Evidence at the Scene of an Accident — implements
OAR 437-001-0055: Priority of Inspections — implements
OAR 437-001-0057: Scheduling Inspections — implements
OAR 437-001-0060: Advance Notice — implements
OAR 437-001-0065: Right of Entry — implements
OAR 437-001-0070: Inspection Warrants — implements
OAR 437-001-0075: Opening Conference — implements
OAR 437-001-0080: Inspection Without Employer or Employer Representative — implements
OAR 437-001-0085: Employee Representation on Inspection Team — implements
OAR 437-001-0090: Inspection Procedures — implements
OAR 437-001-0096: Red Warning Notice — implements
OAR 437-001-0099: Closing Conference — implements
OAR 437-001-0135: Evaluation of Probability to Establish Penalties — implements
OAR 437-001-0140: Evaluation of Severity to Establish Penalties — implements
OAR 437-001-0142: Annual Adjustment of Civil Penalties — implements
OAR 437-001-0145: Penalty for Other than Serious, Serious, or Caused or Contributed to a Work-Related Fatality Violation — implements
OAR 437-001-0150: Civil Penalty Adjustments — implements
OAR 437-001-0155: Determination of Penalty — Failure to Correct — implements
OAR 437-001-0160: Penalty Criteria — Repeat Violation — implements
OAR 437-001-0165: Determination of Penalty — Repeat Violation — implements
OAR 437-001-0170: Determination of Penalty — Failure to Report an Occupational Fatality, Catastrophe, or Accident — implements
OAR 437-001-0175: Determination of Penalty — Willful or Egregious Violation — implements
OAR 437-001-0176: Determination of Penalty — Failure to Notify Employees of Advance Notice — implements
OAR 437-001-0180: Determination of Penalty — Relating to Red Warning Notice — implements
OAR 437-001-0201: Determination of Penalty — Relating to Field Sanitation — implements
OAR 437-001-0203: Determination of Penalty — Relating to Violations Which Have No Probability and Severity. — implements
OAR 437-001-0205: Citation and Notice of Penalty — implements
OAR 437-001-0215: Employer Response to Citation and Notice of Penalty — implements
OAR 437-001-0220: Payment of Penalties — implements
OAR 437-001-0225: Penalty for Falsification — implements
OAR 437-001-0230: Correction of Violation — implements
OAR 437-001-0231: Abatement Verification — implements
OAR 437-001-0235: Failure to Correct Violation — implements
OAR 437-001-0240: Extension of Correction Date — Application — implements
OAR 437-001-0245: Extension of Correction Date — Decision — implements
OAR 437-001-0250: Extension of Correction Date — Revocation — implements
OAR 437-001-0251: Extension of Correction Date — Hearing on the Application — implements
OAR 437-001-0255: Requesting an Appeal and an Informal Conference — implements
OAR 437-001-0265: Amendment, Reissue or Withdrawal of Citation — implements
OAR 437-001-0270: Discretion To Prevent a Manifest Injustice — implements
OAR 437-001-0280: Posting on Selected Multi-Employer Jobsites — implements
OAR 437-001-0285: Form and Content of a Complaint — implements
OAR 437-001-0290: Division Action on Complaints — implements
OAR 437-001-0295: Discrimination Complaint — implements
OAR 437-001-0400: Application for a Variance — implements
OAR 437-001-0405: Interim Order Relating to a Variance — implements
OAR 437-001-0410: Administrative Action on Variance Application — implements
OAR 437-001-0411: Hearings for Variance Applications — implements
OAR 437-001-0415: Criteria for Variance Approval — implements
OAR 437-001-0420: Decision on Variance Request — implements
OAR 437-001-0425: Employer’s Duty to Meet Variance Terms — implements
OAR 437-001-0430: Modification or Revocation of a Variance — implements
OAR 437-001-0435: Effect of a Variance Granted by the U.S. Secretary of Labor — implements
OAR 437-001-0450: Voluntary Compliance Consultative Services — implements
OAR 437-001-0455: Application for Consultative Services — implements
OAR 437-001-0460: Consultation — implements
OAR 437-001-0700: Recording Workplace Injuries and Illnesses — implements
OAR 437-001-0704: Reporting Fatalities, Catastrophes, Injuries and Illnesses to Oregon OSHA — implements
OAR 437-001-0740: Falsification or Failure to Keep and Post Records or Make Reports — implements
OAR 437-001-0760: Rules for All Workplaces — implements
OAR 437-001-0765: Safety Committees and Safety Meetings. — implements
OAR 437-001-0800: Application Procedures — implements
OAR 437-001-0805: Application Review — implements
OAR 437-001-0810: Grant Awards — implements
OAR 437-001-1005: Authority and Applicability of Rules — implements
OAR 437-001-1010: Purpose and Scope — implements
OAR 437-001-1015: Definitions — implements
OAR 437-001-1020: General Requirements — implements
OAR 437-001-1025: Notification of Services — implements
OAR 437-001-1030: Requests for Services — implements
OAR 437-001-1035: Loss Prevention Services — implements
OAR 437-001-1040: Required Loss Prevention Services — implements
OAR 437-001-1050: Self-Insured and Group Self-Insured Employer Loss Prevention Assistance — implements
OAR 437-001-1055: Self-Insured and Group Self-Insured Employer Loss Prevention Programs — implements
OAR 437-001-1060: Self-Insured and Group Self-Insured Employer Loss Prevention Effort — implements
OAR 437-001-1065: Penalty Provisions for Insurers — implements
OAR 437-002-0005: Adoption by Reference — implements
OAR 437-002-0006: General Oregon Definitions — implements
OAR 437-002-0007: Testing and Certification — implements
OAR 437-002-0010: Adoption by Reference — implements
OAR 437-002-0015: Adoption by Reference — implements
OAR 437-002-0020: Adoption by Reference — implements
OAR 437-002-0022: Additional Oregon General Requirements — implements
OAR 437-002-0026: Portable Ladders — implements
OAR 437-002-0032: Ramps and Runways — implements
OAR 437-002-0033: Piers and Wharves — implements
OAR 437-002-0040: Adoption by Reference — implements
OAR 437-002-0041: Exits and Exit Routes — implements
OAR 437-002-0042: Emergency Action Plan — implements
OAR 437-002-0043: Fire Prevention Plan — implements
OAR 437-002-0047: Working Near Overhead High Voltage Lines and Equipment — implements
OAR 437-002-0060: Adoption by Reference — implements
OAR 437-002-0080: Adoption by Reference — implements
OAR 437-002-0081: Oregon Ventilation Regulations — implements
OAR 437-002-0095: Audiometric Testing in Oregon — implements
OAR 437-002-0098: Additional Applicability — implements
OAR 437-002-0100: Adoption by Reference — implements
OAR 437-002-0101: Oregon Start-Up Dates — implements
OAR 437-002-0107: Spray Finishing — implements
OAR 437-002-0109: Explosives and Blasting Agents — implements
OAR 437-002-0118: Oregon Rules for Reinforced Plastics Manufacturing — implements
OAR 437-002-0119: Oregon Effective Dates — implements
OAR 437-002-0120: Adoption by Reference — implements
OAR 437-002-0122: Dipping and Coating — implements
OAR 437-002-0134: Personal Protective Equipment — implements
OAR 437-002-0139: Working Underway on Water. — implements
OAR 437-002-0140: Adoption by Reference — implements
OAR 437-002-0141: Additional Oregon Sanitation Requirements — implements
OAR 437-002-0144: Additional Oregon Rules for General Environmental Controls — implements
OAR 437-002-0145: Additional Oregon Rules for Accident Prevention and Tags — implements
OAR 437-002-0146: Confined Spaces — implements
OAR 437-002-0154: Individual Locks — implements
OAR 437-002-0156: Heat Illness Prevention — implements
OAR 437-002-0161: Medical Services and First Aid — implements
OAR 437-002-0170: Worker Protection Standard — implements
OAR 437-002-0180: Adoption by Reference — implements
OAR 437-002-0182: Oregon Rules for Fire Fighters — implements
OAR 437-002-0187: Portable Fire Extinguishers — implements
OAR 437-002-0200: Adoption by Reference — implements
OAR 437-002-0210: Additional Oregon Rules for Compressed Air and Compressed Gas Equipment — implements
OAR 437-002-0220: Adoption by Reference — implements
OAR 437-002-0221: Additional Oregon Rules for Handling Materials — implements
OAR 437-002-0223: Oregon Rules for Commercial and Industrial Vehicles — implements
OAR 437-002-0227: Additional Oregon Rules for Powered Industrial Trucks — implements
OAR 437-002-0228: Oregon General Requirements for Cranes — implements
OAR 437-002-0229: Additional Oregon Rules for Overhead and Gantry Cranes — implements
OAR 437-002-0230: Additional Oregon Rule for Crawler, Locomotive and Truck Cranes — implements
OAR 437-002-0232: Additional Oregon Rule for Derricks — implements
OAR 437-002-0233: Oregon Rules for Hammerhead Cranes — implements
OAR 437-002-0235: Additional Oregon Rule for Slings — implements
OAR 437-002-0240: Adoption by Reference — implements
OAR 437-002-0242: Oregon Rules for Machinery and Machine Guarding — implements
OAR 437-002-0256: Stationary Compactors, Self-Contained Compactors, and Balers — implements
OAR 437-002-0260: Adoption by Reference — implements
OAR 437-002-0262: Additional Definitions in Oregon — implements
OAR 437-002-0264: Additional General Requirements for Hand Tools — implements
OAR 437-002-0266: Additional Oregon Rules for Guarding Portable Powered Tools — implements
OAR 437-002-0268: Oregon Rules for Hand-Powered Equipment — implements
OAR 437-002-0279: Additional Oregon Confined Space Requirements — implements
OAR 437-002-0280: Adoption by Reference — implements
OAR 437-002-0281: Manganese — implements
OAR 437-002-0282: Job Planning and Layout — implements
OAR 437-002-0283: Additional Protective Clothing Requirements During Hot Work Activities — implements
OAR 437-002-0284: Additional Specifications for Eye and Face Protection — implements
OAR 437-002-0285: Additional Special Precautions — implements
OAR 437-002-0286: Flammable Preservative Coatings — implements
OAR 437-002-0287: Toxic Preservative Coatings — implements
OAR 437-002-0288: Additional General Health Protection — implements
OAR 437-002-0297: Oregon Requirements for Welding or Cutting Containers — implements
OAR 437-002-0298: Supplied Air Respiratory Equipment — implements
OAR 437-002-0299: Definitions — implements
OAR 437-002-0300: Adoption by Reference — implements
OAR 437-002-0301: Scope and Application — implements
OAR 437-002-0302: Definitions — implements
OAR 437-002-0303: Training and Work Planning — implements
OAR 437-002-0304: First Aid Requirements — implements
OAR 437-002-0305: Traffic Control — implements
OAR 437-002-0306: Electrical Hazards — implements
OAR 437-002-0307: Personal Protective Equipment — implements
OAR 437-002-0308: Portable Power Tools — implements
OAR 437-002-0309: Hand Tools — implements
OAR 437-002-0310: Work Procedures — implements
OAR 437-002-0311: Mobile Equipment — implements
OAR 437-002-0312: Oregon Rules for Pulp, Paper and Paperboard Mills — implements
OAR 437-002-0313: Additional Oregon Rules for Sawmills — implements
OAR 437-002-0314: Veneer and Plywood Machinery — implements
OAR 437-002-0315: Shake and Shingle Machinery — implements
OAR 437-002-0316: Oregon Rules for Telecommunications — implements
OAR 437-002-0320: Adoption by Reference. — implements
OAR 437-002-0340: Adoption by Reference — implements
OAR 437-002-0342: Additional Oregon Definition — implements
OAR 437-002-0345: Inland Emergency Aid — implements
OAR 437-002-0355: Air Supply Systems (Compressed Gases and Air) — implements
OAR 437-002-0360: Adoption by Reference — implements
OAR 437-002-0363: Oregon Amendment — implements
OAR 437-002-0364: Oregon Rules for MOCA (4,4'-Methylene Bis (2-chloroaniline)) — implements
OAR 437-002-0368: Deterioration — implements
OAR 437-002-0371: Scope and Application — implements
OAR 437-002-0373: Oregon Rules for Thiram — implements
OAR 437-002-0376: Delayed Effective Dates for Hazard Communication — implements
OAR 437-002-0377: Additional Oregon Rules for Hazard Communication — implements
OAR 437-002-0378: Oregon Rules for Pipe Labeling — implements
OAR 437-002-0382: Oregon Rules for Air Contaminants — implements
OAR 437-002-0390: Oregon Effective Dates — implements
OAR 437-002-0391: Additional Oregon Rules for Carcinogens in Laboratories — implements
OAR 437-002-1001: Asbestos Respiratory Protection Program — implements
OAR 437-002-1017: Vinyl Chloride Respiratory Protection Program — implements
OAR 437-002-1018: Inorganic Arsenic Respiratory Protection Program — implements

This rule cites

ORS 654.071 — resolved
ORS 654.001 — resolved
654.295 — resolved
654.412 — resolved
654.423 — resolved
654.750 — resolved
654.780 — resolved
ORS 654.082 — resolved
ORS 654.174 — resolved
ORS 654.097 — resolved
ORS 658.750 — resolved

Cited by

Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors654.html