Or. Admin. R. 437-001-0175

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

Section 437-001-0175 - Determination of Penalty - Willful or Egregious Violation

For a willful violation, after applying appropriate adjustments based on the employer's size, the base penalty will normally be multiplied by 25. The Administrator may instead, at his or her discretion, assess a penalty between $9,753 and $135,653 based on the facts. For egregious violations, the Administrator may assess a separate willful penalty, after appropriate adjustments based on the employer's size, for each instance of a violation.

Or. Admin. R. 437-001-0175

WCB 8-1985, f. 8-5-75, ef. 9-1-75; WCD 5-1978, f. 6-22-78, ef. 8-15-78; APD 7-1988, f. 6-17-88, ef. 7-1-74; OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92; OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12; OSHA 8-2017, amend filed 12/22/2017, effective 1/1/2018; OSHA 13-2021, amend filed 11/01/2021, effective 12/1/2021; OSHA 3-2023, amend filed 11/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)

Statutes/Other Implemented: ORS 654.001 through 654.295