Or. Admin. Code § 437-001-0155 - Determination of Penalty - Failure to Correct

(1) A citation must be issued for an employer's failure to correct a previously cited violation.

(2) Penalties assessed for a failure to correct a previously cited violation will not exceed $13,653 per day:

(a) Such penalties may be assessed for each workday, or part of a day, that the violation is not corrected and it results in continued exposure after the ordered correction date;

(b) Such penalties must be determined by considering the probability and severity of the original violation, the efforts of the employer to correct the violation, and factors that delayed the correction of the violation; and

(c) If failure to correct the violation results from the employer's lack of diligence, the daily penalty will be not less than $50 for other than serious violations, and not less than $100 for serious violations.

Notes

Or. Admin. Code § 437-001-0155

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 7-1992, f. 7-31-92, cert. ef. 10-1-92; 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