A. Serious
violations. The base penalty for any serious violation is $500 and no
adjustment shall be made for mitigating circumstances. The penalty for a
violation in which a person is killed or permanently disabled shall be the
maximum allowed in A.R.S. §§
3-3113 and
3-3114.
B. Nonserious violations. The Assistant
Director shall calculate the base penalty for a nonserious violation and
determine the civil penalty amount based on the factors prescribed in A.R.S.
§
3-3113(I). If
there are contributing or mitigating circumstances, the points may be adjusted,
provided the adjustment is documented.
VIOLATION GRAVITY FACTOR
(1 - Lowest; 4 - highest)
|
VIOLATION
|
GRAVITY
|
|
Central Posting
|
1 - 2
|
|
Training
|
1 - 4
|
|
Decontamination
|
1 - 4
|
|
Personal Protective Equipment
|
1 - 4
|
|
Pesticide Application and Notice
|
1 - 4
|
|
Pesticide Application Restrictions
|
2 - 4
|
|
Other Requirements
|
1 - 4
|
C.
Size-of-business. The Assistant Director shall use:
1. The maximum number of employees at any one
time during the previous 12 months from the date of notice, including only the
Arizona branch offices to determine the size business category; or
2. A site-specific employee count, if the
violation does not endanger employees at other locations of the business;
or
3. The number of persons trained
by a trainer during the previous 12 months that violate the training provisions
of
R3-3-1003 .
SIZE OF BUSINESS
|
Size Category
|
Number of Employees or (Number of
People Trained)
|
|
I
|
1 - 10
|
|
II
|
11 - 75
|
|
III
|
76 - 150
|
|
IV
|
More than 150
|
D. Base penalty. The Assistant Director shall
calculate the base penalty for the alleged violation by using the violation
gravity factor established in subsection (B) and applying the size-of-business
category established in subsection (C).
BASE PENALTY
|
Gravity
|
Size Category
|
|
Factor
|
I
|
II
|
III
|
IV
|
|
1
|
$250
|
$300
|
$350
|
$400
|
|
2
|
$300
|
$350
|
$400
|
$450
|
|
3
|
$350
|
$400
|
$450
|
$500
|
|
4
|
$500
|
$500
|
$500
|
$500
|
E.
Combined or group violations. The Assistant Director may combine or group
violations.
1. Violations may be combined and
assessed one penalty if the violation does not cause any immediate danger to
public health or safety or damage to property. Example: Eight workers on a
harvest crew have received no training and there is no evidence of exposure.
This situation may result in only one training penalty being assessed against
the employer.
2. Violations may be
grouped if they have a common element and it is apparent which violation has
the highest gravity. The penalty for a grouped violation is assessed on the
violation with the highest gravity. The penalty for a grouped violation is
assessed according to the appropriate law or rule with the highest gravity.
Example: Two crews from the same company are engaged in an improper handling
activity and one crew is using a pesticide with a "danger" signal word, (skull
and cross bones) while the other crew is using a pesticide with a "warning"
signal word. This situation may result in the employer being assessed one
penalty based on the penalty for the "danger" (skull and cross bones)
violation.
F. If a decision is not reached in a negotiated settlement, the
Director may assess a penalty pursuant to A.R.S. §
3-3114 .
