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

Table 4

Severity - General Violations

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

– 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

The minimum penalty for a serious violation = $100.

(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 = $7,000.

Table 7

General Violations Penalty

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.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 15-13-049, § 296-900-14010, filed 6/9/15, effective 9/1/15; WSR 06-06-020, § 296-900-14010, filed 2/21/06, effective 6/1/06.]

RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 15-13-049, § 296-900-14010, filed 6/9/15, effective 9/1/15; WSR 06-06-020, § 296-900-14010, filed 2/21/06, effective 6/1/06.