Wash. Admin. Code § 296-900-14010

Current through Register Vol. 24-20, October 15, 2024
Section 296-900-14010 - Base penalties

* DOSH calculates the base penalty for a violation by considering the following:

-Specific amounts that are dictated by statute;

OR

-By assigning a weight to a violation, called "gravity." Gravity is calculated by multiplying a violation's severity rate by its probability rate. Expressed as a formula:

Gravity = Severity x Probability

Note: Most base penalties are calculated by the gravity method.

* Severity and probability are established in the following ways:

Severity:

-Severity rates are based on the most serious injury, illness, or disease that could be reasonably expected to occur because of a hazardous condition.

- Severity rates are expressed in whole numbers and range from 1 (lowest) to 3 (highest).

-Tables 3 and 4 are used to determine the severity rate for a violation.

Table 3

Severity - Serious Violations

3

* Death

* Injuries involving permanent disability . Chronic, irreversible illness

2

* Disability of a limited nature

* Injuries or reversible illnesses resulting in hospitalization

1

* Injuries or temporary, reversible illnesses resulting in serious physical harm

* May require removal from exposure or supportive treatment without hospital-ization for recovery

Table 4

Severity - General Violations

General violation
* Conditions that could cause injury or illness to an employee but would not result in serious physical harm

Probability:

Definition:

A probability rate is a number that describes the likelihood that an injury, illness, or disease will occur ranging from 1 (lowest) to 3 (highest). See Table 5.

- When determining probability, DOSH considers a variety of factors, depending on the situation, such as:

[] Frequency and amount of exposure.

[] Number of employees exposed.

[] Instances, or number of times, the hazard is identified in the workplace.

[] How close an employee is to the hazard, i.e., the proximity of the employee to the hazard.

[] Weather and other working conditions.

[] Employee skill level and training.

[] Employee awareness of the hazard.

[] The pace, speed, and nature of the task or work.

[] Use of personal protective equipment.

[] Other mitigating or contributing circumstances.

Table 5

Probability

3 * If the factors considered indicate the likelihood of injury or illness would be relatively high.
2 * If the factors considered indicate the likelihood of injury or illness would be moderate.
1 * If the factors considered indicate an injury or illness could occur, but the likelihood would be relatively low.

- Table 6 is used to determine the dollar amount for each gravity-based penalty, unless otherwise specified by statute.

Table 6

Gravity-Based Penalty - Serious Violations

Severity x Probability = Gravity

9 High $7,000
6 $6,000
4 $4,000
3 $3,000
2 $2,000
1 Low $1,000

The minimum penalty for a standard serious violation = one hundred dollars.

(A penalty is required by statute for a serious violation; where adjustments would result in a penalty below the minimum, the minimum will be applied.)

The maximum statutory penalty for a serious violation will be the maximum civil penalty established by the federal Occupational Safety and Health Administration under 29 C.F.R. 1903.15 or seven thousand dollars, whichever is more.

Links:

* Occupational Safety and Health Administration- OSHA penalties.

* Occupational Safety and Health Administration 29 C.F.R. 1903.15 Proposed penalties.

* RCW 49.17.180 Violations-Civil penalties.

Table 7

General Violations Penalty

General violation (first time nonstatutory) $0
General violation base penalty $200

A penalty is not applied to first time general violations. The base penalty is used to calculate the penalty for willful, repeat, or failure to abate general violations.

Wash. Admin. Code § 296-900-14010

Amended by WSR 15-13-049, Filed 6/9/2015, effective 9/1/2015
Amended by WSR 19-01-097, Filed 12/18/2018, effective 1/21/2019

Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-06-020, § 296-900-14010, filed 2/21/06, effective 6/1/06.