Section 296-900-14015. Base penalty adjustments.  


Latest version.
  • • Tables 8 through 11 describe the various factors DOSH considers when adjusting a base penalty, and the effect on the fine.
    – The minimum adjusted base penalty for any violation carrying a penalty is one hundred dollars.
    – The minimum adjusted penalty for serious violations contributing to a fatality is two thousand five hundred dollars.
    – The minimum penalty for willful violations is five thousand dollars.
    – The maximum adjusted base penalty for a violation is seven thousand dollars.
    • No adjustments are made to minimum penalty amounts specified by statute.
    Note:
    Repeat, willful, egregious, or failure-to-abate (failure to correct) penalty adjustments can exceed seven thousand dollars. See Tables 12 through 14 in WAC 296-900-14020 for those penalties.
    Table 8
    Employer Inspection History
    • History is based on the prior three years statewide.
    • No reduction is given for violations classified as willful, repeat, failure to abate, or violations contributing to an inpatient hospitalization with an assigned gravity of 6 or 9 or any violations contributing to a fatality.
    Table 9
    Good Faith
    Based on:
    • Evidence of an overall safety and health program, including a written accident prevention program (APP), other required written programs, training, etc.
    • Efforts to fully communicate safety and health policies.
    • Employees are clearly involved in the safety and health programs.
    • Management's commitment at all levels is apparent.
    • Employer's injury and illness rate.
    No reduction is given for violations classified as willful, repeat, or failure to abate.
    Table 10
    Abatement Quick-Fix Reduction
    No reduction is given for:
    • Violations classified as willful, repeat, or failure to abate.
    • Violations contributing to an inpatient hospitalization or fatality, or to any incidents resulting in serious injuries to employees.
    • Blatant violations that are easily corrected or "abated" due to the short-term duration of work at a specific location.
    Table 11
    Size of Workforce
    Based on workforce size nationwide.
    [Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 15-13-049, § 296-900-14015, filed 6/9/15, effective 9/1/15; WSR 06-06-020, § 296-900-14015, 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, § 296-900-14015, filed 6/9/15, effective 9/1/15; WSR 06-06-020, § 296-900-14015, filed 2/21/06, effective 6/1/06.

Rules

296-900-14020,