justicedao/ipfs_state_laws huggingface dataset:
437-001-0142 Temporary rule language in effect until 05/18/2026. Annual Adjustment of Civil Penalties (1) Each year, the director will be responsible for publishing notice of Oregon OSHA’s Annual Adjustments to Penalties Bulletin in the Oregon Bulletin or its successor. This bulletin will also be made available on the Division’s website at https://osha.oregon.gov/pages/topics/violations-and-penalties, or its successor. This bulletin will notify the regulated community of annual adjustment in civil penalty amounts required by ORS 654.086(4) to account for the percentage change, if any, in the Consumer Price Index for All Urban Consumers, West Region, All Items (West Region CPI-U), from October to September of each year as published by the Bureau of Labor Statistics (BLS) of the United States Department of Labor or its successor. The annual adjustments will be effective January 1st of each calendar year. (2) Annual adjustments must be applied to the following civil penalties: (a) Other than serious-rated violation - maximum civil penalty amounts in OAR 437-001-0145(2)(a) and civil penalty amounts in Table 2 in OAR 437-001-0145(2)(g). (b) Serious Physical Harm or Death-rated violation – minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(b) and civil penalty amounts in Table 2 in OAR 437-001-0145(2)(g). (c) Repeat Violation - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(c) and civil penalty amounts in Table 2 in OAR 437-001-0165(3). (d) Willful Violations - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(d) and civil penalty amounts in Table 1 in OAR 437-001-0175(1). (e) Violations that caused or contributed to a work-related fatality - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(e) and civil penalty amounts in Table 3 in OAR 437-001-0145(3). (f) Willful and repeat violations that caused or contributed to a work-related fatality - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(f) and civil penalty amounts in Table 2 in OAR 437-001-0165(3) and Table 2 in OAR 437-001-0175(2). (3) An annual adjustment must be applied to the penalty reduction in OAR 437-001-0150(2)(b). (4) The civil penalty amounts adjusted under this rule will not be lower than the minimum or greater than the maximum that may be assessed under ORS 654.086 as a result of any reductions or multipliers applied. See Appendix A to OAR 437-001-0142 – Example of Oregon OSHA’s Annual Adjustments to Penalties Bulletin. Note: Appendix A is an example of information that will be included in Oregon OSHA’s Annual Adjustments to Penalties Bulletin. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2025, temporary amend filed 11/21/2025, effective 11/21/2025 through 05/18/2026 OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 3-2023, adopt filed 11/22/2023, effective 01/01/2024
437-001-0155 Determination of Penalty — Failure to Correct (1) A citation must be issued for an employer’s failure to correct a previously cited violation. (2) Civil penalties assessed for a failure to correct a previously cited violation will not exceed the maximum penalty per day in OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (a) Such penalties may be assessed for each workday, or part of a day, that the violation is not corrected and it results in continued exposure after the ordered correction date; and (b) Such penalties must be determined by considering the probability and severity of the original violation, the efforts of the employer to correct the violation, and factors that delayed the correction of the violation. (3) Failure to correct violations are not eligible for penalty reductions for history, good faith, or immediate correction. A size reduction may be applied in accordance with OAR 437-001-0150(2) based on the original violation classification. (4) The civil penalty for failure to correct an other than serious violation may not be less than $50 per day. For all other violations, the civil penalty will be within the minimum and maximum penalty per day as adjusted annually in accordance with OAR 437-001-0142. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0165 Determination of Penalty — Repeat Violation (1) A civil penalty must be assessed for each serious repeat violation. The civil penalty for a serious repeat violation is determined by multiplying the civil penalty for the current violation (Table 2 of 437-001-0145(2)) by the following factors without any reductions applied: [Insert Table 1] (2) A civil penalty must be assessed for each other than serious repeat violation. The civil penalty for an other than serious repeat violation will be the minimum for repeat violations under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (3) A civil penalty must be assessed for each repeat violation that caused or contributed to a work-related fatality. The civil penalty for a repeat violation that caused or contributed to a work-related fatality is determined by the intersection of the probability rating and severity rating in accordance with Table 2 below, as adjusted annually in accordance with OAR 437-001-0142: [Insert Table 2] (4) The civil penalty for a repeat serious rated violation will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (5) The civil penalty for a repeat serious rated violation that caused or contributed to a work-related fatality will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, except when the civil penalty is reduced based on employer size at the discretion of the administrator if the employer agrees to comply with additional abatement measures during the appeal process. (6) The civil penalty for a repeat other than serious rated violation will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (7) At the discretion of the Administrator, a civil penalty may be issued for any repeat violation and for any repeat violation that caused or contributed to a work-related fatality up to the maximum penalty amount in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018 OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 10-1989, f. & cert. ef. 7-7-89 APD 7-1989(Temp), f. & cert. ef. 5-1-89 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 33-1974, f. 9-5-74, ef. 9-26-74 WCB 19-1974, f. 6-5-74, ef. 9-1-76
437-001-0170 Determination of Penalty — Failure to Report an Occupational Fatality, Catastrophe, or Accident If an employer fails to report an occupational fatality, catastrophe, or accident as provided in OAR 437-001-0704, a penalty of not less than $250 and not greater than the maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, shall be assessed. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018 OSHA 7-2002, f. & cert. ef. 11-15-02 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 4-1981, f. 5-22-81, ef. 7-1-81
437-001-0171 Determination of Penalty — Failure to Register a Farm Labor Camp/Facility If an operator, employer, or contractor fails to register a Farm Labor Camp or facility with Oregon OSHA as required in Division 4/J, OAR 437-004-1120(5)(b), a penalty of not less than $250 and not greater than the maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, shall be assessed. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 315.164, 658.750, 658.755, 658.780, 658.785, 658.805, 658.810 & 658.825 History: OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018 OSHA 6-2003, f. & cert. ef. 11-26-03 OSHA 9-1995, f. & cert. ef. 11-29-95
437-001-0175 Determination of Penalty — Willful or Egregious Violation (1) A civil penalty must be assessed for each willful violation. The civil penalty for a willful violation is determined by the intersection of the probability rating and severity rating in accordance with Table 1 below, as adjusted annually in accordance with OAR 437-001-0142: [Insert Table 1] (2) A civil penalty must be assessed for each willful violation that caused or contributed to a work-related fatality. The civil penalty for a willful violation that caused or contributed to a work-related fatality is determined by the intersection of the probability rating and severity rating in accordance with Table 2 below, as adjusted annually in accordance with OAR 437-001-0142: [Insert Table 2] (3) Willful violations that caused or contributed to a work-related fatality are not eligible for employer size reductions. (4) At the discretion of the Administrator, a civil penalty may be issued for any willful violation and for any willful violation that caused or contributed to a work-related fatality up to the maximum penalty amount in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (5) For egregious violations, the Administrator may assess a separate civil penalty for each instance of a violation under section (1) or (2) of this rule. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018 OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1985, f. 8-5-75, ef. 9-1-75
437-001-0176 Determination of Penalty — Failure to Notify Employees of Advance Notice The Administrator, after considering the related facts, may assess a penalty not to exceed $1,000 for each violation of the employer’s failure to give notification by posting to employees of advanced notice. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 6-1982, f. 6-28-82, ef. 8-1-82
437-001-0180 Determination of Penalty — Relating to Red Warning Notice Any employer who violates or directs another to violate OAR 437-001-0096(3) or (4) shall be assessed a civil penalty of not less than $250 and not more than maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 5-1978, f. 6-22-78, ef. 8-15-78
437-001-0201 Determination of Penalty — Relating to Field Sanitation The Administrator shall assess a minimum civil penalty of not less than $250 and not greater than the maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, to employers of workers who are engaged in field activities for the growing and harvesting of food crops intended for human consumption, who substantially fail to comply with OAR 437-004-1110 in Division 4, Agriculture. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 7-1999, f. & cert. ef. 7-15-99 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 9-1986, f. 10-7-86, ef. 12-1-86
437-001-0203 Determination of Penalty — Relating to Violations Which Have No Probability and Severity. (1) Safety and Health Protection on the Job Poster — If the employer has not displayed the poster, a minimum penalty of $100 may be assessed. (2) Annual Summary — If an employer fails to post the summary portion of the OSHA 300 Form no later than February 1 of the year following the year covered by the records and keep it posted until April 30 in accordance with 437-001-0700(17)(e), a minimum penalty of $200 may be assessed. (3) Citation — If an employer fails to post the citation after receipt, a minimum penalty of $200 may be assessed. (4) OSHA 300 and DCBS 801 Forms — If the employer does not maintain the Log and Summary of Occupational Injuries and Illnesses, OSHA 300 Form, and the Supplementary Record, DCBS Form 801 or equivalent, a minimum penalty of $100 may be assessed for each OSHA form not maintained. (5) Access to Records — If the employer fails upon request to provide records for inspection and copying by any authorized representative of Oregon OSHA or by any employee, former employee, or authorized representative of employees, a minimum penalty of $100 may be assessed for each form not made available. (6) Flush Toilets/Warm Water Hand Washing Facilities — If an employer fails to provide flush toilets or warm water hand washing facilities on a construction site according to OAR 437-003-0020 in 437, Division 3, Construction, a penalty of not less than $200, nor more than the maximum other than serious civil penalty in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, shall be assessed. Note: Forms referenced are available from the agency. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 9-2008, f. 9-19-08, cert. ef. 1-1-09 OSHA 6-2003, f. & cert. ef. 11-26-03 OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02 OSHA 10-1995, f. & cert. ef. 11-29-95 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88
437-001-0205 Citation and Notice of Penalty (1) If the Division concludes from the review of an inspection report that a rule or order was violated, a citation will be issued to the employer which shall: (a) State the name of the employer, place of employment, and date of inspection. If the violation occurred on other than the inspection date, the date of the violation will be included; (b) Describe factually the nature and location of the violation; (c) State the type of violation, if other than general; (d) Identify the rule or order violated; (e) Fix a time for the correction of each violation not corrected at the time of inspection; (f) State the penalty for each violation; (g) Identify which, if any, penalties are suspended; (h) State the total dollar amount of assessed penalties; (i) Inform the employer of the right to appeal the citation, the civil penalty or the period of time fixed for correction of the violation to the Board; (j) Inform affected employees of their right to appeal the time fixed for correction of the violation; and (k) Notify the employer that the citation becomes a final order if an appeal is not filed within 30 days of receipt of the citation by the employer. (2) Citations and notices of penalties will be served on employers by certified mail, in person, or any method acceptable to the employer. (3) Each employee representative shall be sent a copy of all citations and notices of penalties issued. Statutory/Other Authority: ORS 654.025(2) & 656.726(4)) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09 OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0215 Employer Response to Citation and Notice of Penalty (1) After receipt of a citation, the employer shall: (a) Promptly post the citation for employees information for 3 days or until the violation is corrected, whichever occurs last; (b) Assure that any amendments or withdrawals to a citation are posted with the original citation for 3 days or until the violation is corrected, whichever occurs last; (c) Correct each violation by the date ordered; and (d) If no appeal is filed, remit any penalty by the 31st calendar day following receipt of the citation. (2) The above requirements shall not limit an employer’s appeal rights. Statutory/Other Authority: ORS 654.025(2) & 656.726(4)) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0220 Payment of Penalties (1) All civil penalties become due and owing after the citation becomes a final order. (2) If payment is not received within 20 days after the order becomes final, it may be docketed as a judgment as provided by ORS 654.086(3). Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0225 Penalty for Falsification (1) An 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 and not more than $2,500 for violations that are neither repeated nor willful. (2) An employer who knowingly makes any false statement, representation, or certification regarding the correction of a violation, and that violation is found to have caused or materially contributed to the death of any employee, shall be penalized according to the provisions of ORS 654.991(3). In such cases, the Administrator shall contact the appropriate local district attorney for assistance and possible prosecution. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0230 Correction of Violation (1) The employer must correct any violation the employer has been ordered to correct except when: (a) The abatement date of an other than serious violation has been appealed; (b) An extension has been granted in accordance with OAR 437-001-0240. (2) If the violation is corrected at the time of inspection, the correction shall be noted in the Compliance Officer’s inspection report. However, such correction shall not provide immunity from the issuance of a citation for the violation. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0231 Abatement Verification (1) When an employer receives a citation for a violation of the Oregon Safe Employment Act, the employer must notify the appropriate Oregon OSHA field office of the corrective action taken to comply with each cited violation by Letter of Corrective Action. Such notification must occur within 10 calendar days after the last abatement date on the citation. (2) When the compliance officer notes that violations are complied with at the time of the inspection, abatement verification for those violations is not required. (3) The employer’s verification that abatement is complete must include, for each cited violation, the date and method of abatement and a statement that affected employees and their representatives have been informed of the abatement. Statutory/Other Authority: 656.726(4) & ORS 654.025(2) Statutes/Other Implemented: ORS 654.001-654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0235 Failure to Correct Violation If a subsequent inspection reveals that a violation was not corrected, or was only partially corrected, by its correction date, a notice shall be issued to the employer which: (1) Gives the date and number of the citation which first alleged the violation; (2) Identifies the uncorrected violation and the date by which it was ordered to be corrected; (3) Advises the employer of the non-abatement days accumulated to the date of notice; (4) Advises the employer that daily penalties shall continue to accumulate until the violation is corrected; and (5) Notifies the employer to advise the indicated field office immediately upon correction of the violation. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001-654.295 History: OSHA 7-1999, f. & cert. ef. 7-15-99 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74