Ariz. Admin. Code § 3-3-1008
BASE ADJUSTMENT FACTORS
Pesticide Labeling | |
Signal word "Danger" with skull and crossbones | 5 |
Signal word "Danger" | 4 |
Signal word "Warning" | 3 |
Signal word "Caution" | 2 |
Indirect relation to the violation | 1 |
Harm to Human Health | |
Actual Injuries or temporary reversible illness resulting in | 9 |
hospitalization or a variable but limited period of disability (hospital care greater than 8 hours) | |
Actual Injuries or temporary reversible illness resulting in doctor care (doctor care required, less than 8 hours) | 6 |
Minor supportive care only | 2 - 4 |
Consequence potential | 1 - 2 |
No relationship found | 0 |
Compliance History | |
One or more violations in the previous 12 months | 4 |
One or more violations in the previous 24 months | 3 |
One or more violations in the previous 36 months | 1 |
No violation history | 0 |
Culpability | |
Knowing or should have known | 4 |
Negligence | 2 |
Neither | 0 |
Good Faith | 0 - (-2) |
Violation corrected within 14 days | -1 |
Violation corrected within 7 days | -2 |
FINAL PENALTY CALCULATION
Non-serious Violation | Serious Violation | |
Number of Points | Penalty Adjustment | Penalty Adjustment |
3 or below | Base - 80% | Base Penalty |
4 | Base - 65% | Base + 10% |
5 | Base - 50% | Base + 20% |
6 | Base - 35% | Base + 30% |
7 | Base - 20% | Base + 40% |
8 | Base - 5% | Base + 50% |
9 | Base Penalty | Base + 60% |
10 | Base + 20% | Base + 70% |
11 | Base + 35% | Base + 80% |
12 | Base + 50% | Base + 90% |
13 | Base + 65% | Base + 100% |
14 | Base + 80% | Base + 100% |
15 or more | Base + 100% | Base + 100% |
Example: A business employs 26 people in Town A and 14 people in Town B. In addition, 35 seasonal people are employed during the harvest. The total annual employee positions equal 75. The following violations are found during an inspection:
Step 1. Use the Violation Gravity Factor table to determine the gravity of the violation. | ||||||
(1) Training, 1-4 points | 2 points, all 35 workers are combined; | |||||
(2) Decontamination, 1-4 points | 3 points, no supplies were available and it has been 25 days since the most recent application; | |||||
(3) - (5) Central Posting, 1-2 points | 1 point since the violations concerns the same factor, they are combined. (There is evidence that the old poster blew away and the pesticide application information is kept available in the secretary's desk, but it is not 'readily' available.) | |||||
Step 2. Use the Size of Business table to determine the size category. | 35 employees falls into the size category II. | |||||
Step 3. Use the Base Penalty table to determine the base penalty. Use column II based on the Size of Business determination from Step 2. | ||||||
Violation 1 | Gravity factor of 2 | Equals a base penalty of $350; | ||||
Violation 2 | Gravity factor of 3 | Equals a base penalty of $400; | ||||
Violation 3, 4, and 5 | Gravity factor of 1 | Equals a base penalty of $300 | ||||
Step 4. Using the Base Adjustment Factors table to calculate the adjustments, if any. In this case, the base adjustments are uniform in all categories except #4, culpability. | ||||||
Pesticide | It was a indirect relationship because of the timing of the application and when the workers were in the treated area. | 1 point. | ||||
Harm to Human Health | There was no harm to health and the pesticide had not been applied recently. | 1 point. | ||||
Compliance History | This farm has no previous violation history. | 0 points. | ||||
Culpability | The supervisor attended a "train-the-trainer" course two years ago and should have been aware of the requirements of the worker protection standard. Therefore, for the first two violations the supervisor should have known about the requirements. For the last three violations, the central posting sight was not checked frequently enough to ensure compliance. | For violations 1 and 2, 4 points for knowing or should have known; For violations 3, 4, and 5, 2 points for negligence. | ||||
Good Faith | The inspector came back five days later and the workers were trained the day of the first inspection, the poster was posted and everything was in compliance. | Since the employer corrected the violations quickly. -1 point. | ||||
Step 5. Add the points for each violation from Step 4. | ||||||
Violation 1 | 1 + 1 + 0 + 4 + -1 | = 5 points | ||||
Violation 2 | 1 + 1 + 0 + 4 + -1 | = 5 points | ||||
Violations 3, 4, and 5 | 1 + 1 + 0 + 2 + -1 | = 3 points | ||||
Step 6. U sing the Final Penalty Calculation table to determine the appropriate violation penalty adjustment that corresponds with the base adjustment factor point total. Use the definitions for nonserious or serious violations to determine the appropriate violation penalty adjustment column. In this case, use the nonserious penalty adjustment column. | ||||||
Violation 1 | 5 points | Base - 50% = | $350 - $175 = $175 | |||
Violation 2 | 5 points | Base - 50% = | $400 - $200 = $200 | |||
Violation 3, 4, and 5 | 3 points | Base - 80% = | $300 - $240 = $60 | |||
Adjusted Penalty Total = $435 | ||||||
Ariz. Admin. Code § R3-3-1008