Department of Consumer and Business Services
Oregon Occupational Safety and Health Division - Chapter 437
Division 1
RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT
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) Civil penalties assessed for a failure to correct a previously cited violation will not exceed the maximum penalty per day in OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.
(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; and
(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.
(3) Failure to correct violations are not eligible for penalty reductions for history, good faith, or immediate correction. A size reduction may be applied in accordance with OAR 437-001-0150(2) based on the original violation classification.
(4) The civil penalty for failure to correct an other than serious violation may not be less than $50 per day. For all other violations, the civil penalty will be within the minimum and maximum penalty per day as adjusted annually in accordance with OAR 437-001-0142.
Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
History:
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74