Or. Admin. Code § 839-019-0025

Current through Register Vol. 63, No. 9, September 1, 2024

Section 839-019-0025 - Schedule of Civil Penalties to Be Imposed

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $10,000 for each violation described in OAR 839-019-0010.

(2)

(a) The Commissioner may enter into a settlement agreement with an employer, pursuant to which a civil penalty will be suspended pending successful fulfillment of the agreement.

(b) The Commissioner may enter into a compliance agreement with an employer, pursuant to which an employer agrees to perform or not to perform specified acts, in exchange for a reduction in the amount or number of civil penalties assessed.

(c) This section (2) does not limit the authority of the Commissioner to enter into a consent order or any other form of agreement with an employer.

(3)

(a) The civil penalty for violation of ORS 653.307, or otherwise employing a minor without a valid employment certificate, shall be in the amount of $250 if:

(A) The only violation alleged in the notice of intent to assess civil penalties is the failure to obtain an employment certificate;

(B) The employer was not subject to an agreement described in section (2) of this rule at the time the violation was committed;

(C) The employer has cured the violation; and

(D) The Bureau has not issued the employer a final order for a violation described in OAR 839-019-0010 within the past five years.

(b) Unless the provisions of subsection (a) of this section apply, the civil penalty for violating ORS 653.307, or otherwise employing a minor without a valid employment certificate, shall be in the amount of $1,000.

(4) The civil penalty for violating any of the following statutes or rules shall be in an amount not less than $5,000 and not exceeding $10,000:

(a) Employment of a minor in violation of ORS 653.330, 653.335, 653.340 or 653.360.

(b) Employment of a minor in violation of OAR 839-021-0097.

(c) Employment of a minor in violation of OAR 839-021-0102, 839-021-0104, or 839-021-0106.

(d) Employment of a minor in violation of OAR 839-021-0067, 839-021-0070, or 839-021-0087 for the third or subsequent time.

(5) The civil penalty for violation of any of the following statutes or rules shall be in an amount not less than $1,000 and not exceeding $2,500:

(a) Employment of a minor in violation of the provisions of ORS 653.305 to 653.370 or OAR 839-021-001 to 839-021-0500 that is not specifically identified in section (4) of this rule.

(b) Employment of a minor in violation of OAR 839-021-0067, 839-021-0070, or 839-021-0087 for the first and second time.

(6) When this rule provides a range of civil penalties, the Commissioner may consider the value of deterrence and any aggravating or mitigating circumstances, including:

(a) Measures taken by the employer to promptly prevent or correct violations of the law;

(b) Any prior violations of the law committed by the employer;

(c) The magnitude and seriousness of the violation; and

(d) Each of the factors described in 29 CFR 579.5.

(7) Notwithstanding any other provision of this rule:

(a) No less than the maximum civil penalty amount identified in sections (4) and (5) of this rule shall be assessed if the violation:

(A) Is willful and repeated; or

(B) Resulted in an imminent danger to minor employees, or a substantial probability that death or a serious injury, illness or condition could have occurred, while performing duties on behalf of the employer.

(b) The civil penalty when a minor incurs a serious injury, illness or condition, or dies, while performing duties on behalf of the employer in violation of the provisions of ORS 653.305 to 653.370 or OAR 839-021-0001 to 839-021-0500, may be in an amount that does not exceed $10,000.

(8) As used in this rule, "serious injury, illness or condition" includes "serious injury" as that phrase is defined in 29 CFR 579.2.

Or. Admin. Code § 839-019-0025

BL 5-1988, f. & cert. ef. 4-12-88; BLI 18-2024, amend filed 08/02/2024, effective 8/3/2024

Statutory/Other Authority: ORS 651.060 & ORS 653.400

Statutes/Other Implemented: ORS 653.370