If the cart tipped over because of the loose asphalt or depressed areas, the employee was exposed to a minor injury. The cart is tall and appears awkward to push. To avoid tipping, it needs to be pushed easily and without obstruction. 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.
It is not mandatory. Therefore, there is no showing that PPC is entitled to credit for size, history or good faith. However, no penalty is shown as reasonable. The depressed areas were one-quarter inch deep. There is no record of an employee injury caused by the cart or the floor.