Or. Admin. R. 437-001-0205

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

Section 437-001-0205 - Citation and Notice of Penalty

(1) If the Division concludes from the review of an inspection report that a rule or order was violated, a citation will be issued to the employer which shall:

(a) State the name of the employer, place of employment, and date of inspection. If the violation occurred on other than the inspection date, the date of the violation will be included;

(b) Describe factually the nature and location of the violation;

(c) State the type of violation, if other than general;

(d) Identify the rule or order violated;

(e) Fix a time for the correction of each violation not corrected at the time of inspection;

(f) State the penalty for each violation;

(g) Identify which, if any, penalties are suspended;

(h) State the total dollar amount of assessed penalties;

(i) Inform the employer of the right to appeal the citation, the civil penalty or the period of time fixed for correction of the violation to the Board;

(j) Inform affected employees of their right to appeal the time fixed for correction of the violation; and

(k) Notify the employer that the citation becomes a final order if an appeal is not filed within 30 days of receipt of the citation by the employer.

(2) Citations and notices of penalties will be served on employers by certified mail, in person, or any method acceptable to the employer.

(3) Each employee representative shall be sent a copy of all citations and notices of penalties issued.

Or. Admin. R. 437-001-0205

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 10-2007, f. 12-3-07, cert. ef. 1-1-08; OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09

Stat. Auth.: ORS 654.025(2), 656.726(4))

Stats. Implemented: ORS 654.001 - 654.295