Or. Admin. R. 437-001-0140

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-001-0140 - Evaluation of Severity to Establish Penalties

(1) A severity rating for each violation shall be determined by the Compliance Officer on the basis of the degree of injury or illness that is reasonably predictable. If more than one injury or illness is reasonably predictable, the Compliance Officer will determine the severity based upon the most severe injury or illness. Severity ratings will be selected from the following schedule:

(a) Other than Serious - Conditions that could cause injury or illness to employees but would not include serious physical harm;

(b) Serious Physical Harm; or

(c) Death.

(2) The severity rating may be adjusted on the basis of any other relevant facts that would affect the severity of the possible injury or illness.

Or. Admin. R. 437-001-0140

WCB 19-1974, f. 6-5-74, ef. 7-1-74; WCB 8-1975, f. 8-5-75, ef. 9-1-75; WCD 5-1978, f. 6-22-78, ef. 8-15-78; WCD 4-1981, f. 5-22-81, ef. 7-1-81; WCD 6-1982, f. 6-28-82, ef. 8-1-82; APD 6-1987, f. 12-23-87, ef. 1-1-88; APD 7-1988, f. 6-17-88, ef. 7-1-74; OSHA 16-1990(Temp), f. & cert. ef. 7-26-90; OSHA 18-1990(Temp), f. & cert. ef. 8-15-90; OSHA 25-1990(Temp), f. & cert. ef. 10-31-90; OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92; OSHA 8-2017, amend filed 12/22/2017, effective 1/1/2018

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented: ORS 654.001 - 654.295