Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-14020 - Increases to adjusted base penalties

Current through Register Vol. 24-14, July 15, 2024
* Tables 12 through 14 describe circumstances where
				an increase may be applied by DOSH to an adjusted base
				penalty.
Table 12
Repeat Violations (increases the adjusted base
				penalty, after willful assessment)
1st time x 2
2nd time x 5
3rd time x 8
4th time x 12
5th time x 15
History is based on the prior three years.
The maximum statutory penalty will be the maximum
				civil penalty established by the federal Occupational Safety and
				Health Administration under
				29 C.F.R.
				1903.15 or seventy thousand
				dollars, whichever is more.
Note:
For repeat willful violations the repeat
						adjustment is applied after the willful assessment.
Table 13
Willful Violations
Multiply the adjusted based penalty by 10.
* No reduction is given for good faith, history,
						or abatement quick-fix.
The minimum statutory penalty for willful violations
				is five thousand dollars per violation unless set to a specific
				higher amount by the federal Occupational Safety and Health
				Administration under
				29 C.F.R.
				1903.15 and this state is required
				to equal the higher penalty amount to qualify as a state plan
				state.
The maximum statutory penalty will be the maximum
				civil penalty established under the federal Occupational Safety and
				Health Administration under
				29 C.F.R.
				1903.15 or seventy thousand
				dollars, whichever is more.
Table 14
Failure to Abate
Increases the adjusted base penalty:
Adjusted base penalty is multiplied by the
						number of calendar days past the correction date, with a minimum of
						five days.
* No reduction in the base penalty is given for
						good faith, history, or abatement quick-fix.
The maximum statutory penalty will be the maximum
				civil penalty established by the federal Occupational Safety and
				Health Administration under
				29 C.F.R.
				1903.15 or seven thousand dollars,
				whichever is more, per day if violation is not corrected.
Table 15
Egregious Violation
If the violation was willful and at least one of
						the following:
* The adjusted base penalty may be increased as
						follows:
* The violations resulted in worker fatalities,
						a worksite catastrophe, or large number of injuries or illnesses.
With a separate penalty issued for each
						instance, the employer fails to follow a specific requirement.
* The violation resulted in persistently high
						rates of worker injuries or illnesses.
* The employer has an extensive history of prior
						violations.
* The employer has intentionally disregarded its
						safety and health responsibilities.
* The employer's conduct taken as a whole
						amounts to clear bad faith in the performance of his/her duties.
* The employer has committed a large number of
						violations so as to undermine significantly the effectiveness of any
						safety and health program that might be in place.
Table 16
Penalty Calculation Method
All penalty adjustments factors are summed.
* History: Up to a 10% reduction
* Good Faith: Up to a 20% reduction
* Quick-Fix: Up to a 15% reduction
* Size: Up to a 70% reduction
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 07-03-163,
				  § 296-900-14020, filed 1/24/07, effective 4/1/07; 06-06-020,
				  § 296-900-14020, filed 2/21/06, effective
				  6/1/06.