Dream Set Fashion, Inc., a manufacturer of women's apparel in New York City, argues for a reduction, mainly because relatively few employees were exposed to the hazardous conditions involved in this case and because the company suffered a loss in fiscal year 1992, the year that the inspection took place. See J.A. Jones Constr.
Gravity includes, the severity of any possible injury and the probability of an accident.
Matters such as the number of employees exposed, the duration of the exposure, the precautions taken against injury, and the likelihood that any injury would result are also factored into any determination of gravity. Commission judges occasionally omit from their decisions full discussion of the underpinnings of their penalty assessments. Absent a fully articulated rationale for a judge's assessments, however, it is difficult for the Commission to appropriately review the exercise of this discretion. We find, however, that the evidence of record here permits the Commission independently to make the findings necessary to assess penalties against the Respondent. The evidence as to Dream Set's size, good faith, and history of OSHA violations is straightforward in this case.