437-001-0145 Penalty for Other than Serious, Serious, or Caused or Contributed to a Work-Related Fatality Violation (1) A civil penalty must be assessed for any serious physical harm or death-rated violation and may be assessed for any other than serious-rated violation as determined by the intersection of the probability rating and severity rating in accordance with Table 2 in subsection (2)(g) or Table 3 in subsection (3) of this rule, as adjusted annually in accordance with OAR 437-001-0142. For a violation where probability and severity are not appropriate considerations, a civil penalty may be assessed by considering the facts of the violation. (2) All civil penalties will not be reduced below the following minimum or exceed the following maximum amounts, as adjusted annually in accordance with OAR 437-001-0142, except for a civil penalty for a repeat serious violation that caused or contributed to a work-related fatality, which may be 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: (a) Other than serious-rated violation: $0 minimum and $15,625 maximum (b) Serious Physical Harm or Death-rated violation: $1,116 minimum and $15,625 maximum (c) Repeat Violation: $11,162 minimum and $156,259 maximum (d) Willful Violation: $11,162 minimum and $156,259 maximum (e) Serious Violation that Caused or Contributed to a Work-Related Fatality $20,000 minimum and $50,000 maximum (f) Willful or Repeat Violation that Caused or Contributed to a Work-Related Fatality $50,000 minimum and $250,000 maximum (g) As follows in Table 1 Updated Annually in Oregon OSHA’s Annual Adjustments to Penalties Bulletin– Penalty Range by Violation Type. [Insert Table 1] [Insert Table 2] (3) When evidence demonstrates that a Serious Physical Harm or Death-rated violation caused or contributed to a work-related fatality that is required to be reported under OAR 437-001-0704(3), the civil penalty assessed will be based on the civil penalty structure for caused or contributed to a work-related fatality as determined by the intersection of the probability rating and severity rating in accordance with Table 2 in subsection (2)(g) or Table 3 in subsection (3) of this rule, as adjusted annually in accordance with OAR 437-001-0142. [Insert Table 3] (4) Civil penalties for combined violations will be determined by taking the number of violations into account when assessing probability. Severity will be determined by identifying the most severe reasonably predictable injury or illness that could occur. (5) The civil penalty for grouped violations of different rules is determined based on the probability and severity determined for the entire group. (6) At the discretion of the Administrator, a civil penalty may be issued for any first-instance violation up to the maximum civil penalty amount in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142. (7) Civil penalty amounts for all first-instance other than serious-rated violations that caused or contributed to a work-related fatality shall be assessed at the discretion of the Administrator in accordance with OAR 437-001-0145(2)(a) 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 5-2018, amend filed 11/29/2018, effective 12/17/2018 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 7-1995, f. & cert. ef. 7-5-95 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 5-1988, f. 5-16-88, ef. 5-16-88 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 12-1982, f. 9-20-84, ef. 11-1-84 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