Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-900 - Administrative rules › Section 296-900-14010 - Base penalties

Current through Register Vol. 24-14, July 15, 2024
* DOSH calculates the base penalty for a violation by
				considering the following:
-Specific amounts that are dictated by
				statute;
OR
-By assigning a weight to a violation, called
				"gravity." Gravity is calculated by multiplying a violation's
				severity rate by its probability rate. Expressed as a formula:
Gravity = Severity x Probability
Note:
Most base penalties are calculated by the
						gravity method.
* Severity and probability are established in the
				following ways:
Severity:
-Severity rates are based on the most serious injury,
				illness, or disease that could be reasonably expected to occur
				because of a hazardous condition.
- Severity rates are expressed in whole numbers and
				range from 1 (lowest) to 3 (highest).
-Tables 3 and 4 are used to determine the severity
				rate for a violation.
Table 3
Severity - Serious Violations
3
* Death
* Injuries involving permanent disability .
						  Chronic, irreversible illness
2
* Disability of a limited nature
* Injuries or reversible illnesses resulting
						  in hospitalization
1
* Injuries or temporary, reversible illnesses
						  resulting in serious physical harm
* May require removal from exposure or
						  supportive treatment without hospital-ization for recovery
Table 4
Severity - General Violations
General violation
* Conditions that could cause injury or illness
						to an employee but would not result in serious physical harm
Probability:
Definition:
A probability rate is a number that describes the
				likelihood that an injury, illness, or disease will occur ranging
				from 1 (lowest) to 3 (highest). See Table 5.
- When determining probability, DOSH considers a
				variety of factors, depending on the situation, such as:
[] Frequency and amount of exposure.
[] Number of employees exposed.
[] Instances, or number of times, the hazard is
				identified in the workplace.
[] How close an employee is to the hazard, i.e., the
				proximity of the employee to the hazard.
[] Weather and other working conditions.
[] Employee skill level and training.
[] Employee awareness of the hazard.
[] The pace, speed, and nature of the task or
				work.
[] Use of personal protective equipment.
[] Other mitigating or contributing
				circumstances.
Table 5
Probability
3
* If the factors considered indicate the
						likelihood of injury or illness would be relatively high.
2
* If the factors considered indicate the
						likelihood of injury or illness would be moderate.
1
* If the factors considered indicate an injury
						or illness could occur, but the likelihood would be relatively low.
- Table 6 is used to determine the dollar amount for
				each gravity-based penalty, unless otherwise specified by
				statute.
Table 6
Gravity-Based Penalty - Serious
				Violations
Severity x Probability = Gravity
9 High
$7,000
6
$6,000
4
$4,000
3
$3,000
2
$2,000
1 Low
$1,000
The minimum penalty for a standard serious violation
				= one hundred dollars.
(A penalty is required by statute for a serious
				violation; where adjustments would result in a penalty below the
				minimum, the minimum will be applied.)
The maximum statutory penalty for a serious 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.
Links:
* Occupational Safety and Health Administration- OSHA
				penalties.
* Occupational Safety and Health Administration
				29 C.F.R.
				1903.15 Proposed penalties.
*
				RCW
				49.17.180 Violations-Civil
				penalties.
Table 7
General Violations Penalty
General violation (first time nonstatutory)
$0
General violation base penalty
$200
A penalty is not applied to first time general
				violations. The base penalty is used to calculate the penalty for
				willful, repeat, or failure to abate general
				violations.
Statutory Authority:
				  RCW  49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 06-06-020,
				  § 296-900-14010, filed 2/21/06, effective
				  6/1/06.