The citation clearly states the standard that RPI allegedly violated and specifically refers to the horn of the scraper. Leek's testimony that the horn was not operational is unrefuted. The violation is serious. The Commission is the final arbiter of penalties in all contested cases. In determining an appropriate penalty, the Commission is required to consider the size of the employer's business, history of previous violations, the employer's good faith, and the gravity of the violation.
Gravity is the principal factor to be considered.
RPI is credited with good faith for having a written safety program and holding regular safety meetings. The gravity of the violations is high. Sprague's serious injuries demonstrate the risk to which employees are exposed when they fail to wear seat belts. The failure to have an operable horn could result in the ability to alert employees that the scraper is in dangerous proximity to them.