Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-14015 - Base penalty adjustments

Current through Register Vol. 24-14, July 15, 2024
* Tables 8 through 11 describe the various factors
				DOSH considers when adjusting a base penalty, and the effect on the
				fine.
-The minimum adjusted base penalty for any standard
				violation carrying a penalty is one hundred dollars.
- The minimum adjusted penalty for serious violations
				contributing to a fatality is two thousand five hundred
				dollars.
- The minimum 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 adjusted base penalty for a violation
				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.
* No adjustments are made to minimum penalty amounts
				specified by statute.
Table 8
Employer Inspection History
History Assessment
Penalty Adjustment
Above Average: Previous inspections with less
						than one serious violation on average and no willful, repeat, or
						failure to abate violations.
-10%
Average: No previous inspections or inspections
						with less than two serious violations on average.
None
Below Average: Previous inspections with
						willful, repeat, or failure to abate violations or inspections with
						two or more serious violations on average.
+10%
* History is based on the prior three years
				statewide.
* No reduction is given for violations classified as
				willful, repeat, failure to abate, or violations contributing to an
				inpatient hospitalization with an assigned gravity of 6 or 9 or any
				violations contributing to a fatality.
Table 9
Good Faith
Good Faith
Penalty Adjustment
Good
-20%
Average
None
Below Average
+20%
Based on:
* Evidence of an overall safety and health program,
				including a written accident prevention program (APP), other required
				written programs, training, etc.
* Efforts to fully communicate safety and health
				policies.
* Employees are clearly involved in the safety and
				health programs.
* Management's commitment at all levels is
				apparent.
* Employer's injury and illness rate.
No reduction is given for violations classified as
				willful, repeat, or failure to abate.
Table 10
Abatement Quick-Fix Reduction
Immediate correction of hazard provided such
						corrective action is substantial and not temporary or superficial
-15%
No reduction is given for:
* Violations classified as willful, repeat, or
				failure to abate.
* Violations contributing to an inpatient
				hospitalization or fatality, or to any incidents resulting in serious
				injuries to employees.
* Blatant violations that are easily corrected or
				"abated" due to the short-term duration of work at a specific
				location.
Table 11
Size of Workforce
Number of Employees
Penalty Adjustment
1 - 10
-70%
11 - 25
-60%
26 - 100
-40%
101 - 250
-20%
251 or more
None
Based on workforce size nationwide.
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-14015, filed 2/21/06, effective
				  6/1/06.