Or. Admin. Code § 437-001-0165 - Determination of Penalty - Repeat Violation

(1) The penalty for a repeat violation will be calculated by multiplying the penalty for the current violation by the following factors:

[Table 1 - Penalties for Repeat Violations]

(2) The total final penalty for a repeat violation will not be less than $200, nor more than $135,653.

(3) For a repeated other than serious violation that otherwise would have no initial penalty, a penalty of $200 will be assessed for the first repeated violation, $500 if the violation has been cited twice before, $1,000 for a third repeat, $1,500 for a fourth repeat, and $2,000 for a fifth repeat.

(4) The administrator may instead, at his or her discretion, assess a penalty of between $200 and $135,653 for any repeated violation.

Notes

Or. Admin. Code § 437-001-0165

WCB 19-1974, f. 6-5-74, ef. 9-1-76; WCB 33-1974, f. 9-5-74, ef. 9-26-74; 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 7-1988, f. 6-17-88, ef. 7-1-74; APD 7-1989(Temp), f. & cert. ef. 5-1-89; APD 10-1989, f. & cert. ef. 7-7-89; OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92; OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12; 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

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Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)

Statutes/Other Implemented: ORS 654.001 through 654.295