Penalty The Commission is the final arbiter of penalties in all contested cases. The gravity of the violation is the principal factor to be considered. Cole properly considered the gravity of the violation to be high. In especially windy conditions, two employees were handling a bulky object on a narrow platform 70 feet above ground level. The duration of the exposure was at least 10 minutes but was shortened only because the crewmembers saw that they were being watched.
Some credit is granted, however, because the immediate employer is a smaller organization.
Likewise, some credit for good faith is appropriate because Donrey supplied safety equipment, was continuing to upgrade safety equipment, and had a functioning safety program. Donrey had been found in violation of OSHA standards within the past three years, and no additional credit is given for history.