Or. Admin. R. 437-001-0203

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

Section 437-001-0203 - Determination of Penalty - Relating to Violations Which Have No Probability and Severity

(1) Safety and Health Protection on the Job Poster - If the employer has not displayed the poster, a minimum penalty of $100 may be assessed.

(2) Annual Summary - If an employer fails to post the summary portion of the OSHA 300 Form no later than February 1 of the year following the year covered by the records and keep it posted until April 30 in accordance with 437-001-0700(17)(e), a minimum penalty of $200 may be assessed.

(3) Citation - If an employer fails to post the citation after receipt, a minimum penalty of $200 may be assessed.

(4) OSHA 300 and DCBS 801 Forms - If the employer does not maintain the Log and Summary of Occupational Injuries and Illnesses, OSHA 300 Form, and the Supplementary Record, DCBS Form 801 or equivalent, a minimum penalty of $100 may be assessed for each OSHA form not maintained.

(5) Access to Records - If the employer fails upon request to provide records for inspection and copying by any authorized representative of Oregon OSHA or by any employee, former employee, or authorized representative of employees, a minimum penalty of $100 may be assessed for each form not made available.

(6) Flush Toilets/Warm Water Hand Washing Facilities - If an employer fails to provide flush toilets or warm water hand washing facilities on a construction site according to OAR 437-003-0020 in 437, division 3, Construction, a penalty of not less than $200, nor more than $2,500, shall be assessed.

Or. Admin. R. 437-001-0203

APD 6-1987, f. 12-23-87, ef. 1-1-88; APD 7-1988, f. 6-17-88, ef. 7-1-74; OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92; OSHA 10-1995, f. & cert. ef. 11-29-95; OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02; OSHA 6-2003, f. & cert. ef. 11-26-03; OSHA9-2008, f. 9-19-08, cert. ef. 1-1-09; OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018; OSHA 3-2023, amend filed 11/22/2023, effective 1/1/2024

Forms referenced are available from the agency.

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

Statutes/Other Implemented: ORS 654.086