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WAC 296-900-14015

Base penalty adjustments.

• 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 standard 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 per violation unless set to a specific higher amount by the federal Occupational Safety and Health Administration under 29 C.F.R. 1903.15 and this state is required to equal the higher penalty amount to qualify as a state plan state.
– The maximum adjusted base penalty for a 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.
• No adjustments are made to minimum penalty amounts specified by statute.
Table 8
Employer Inspection History
History Assessment
Penalty Adjustment
Above Average:
Previous inspections with less than one serious violation on average and no willful, repeat, or failure to abate violations.
-10%
Average:
No previous inspections or inspections with less than two serious violations on average.
None
Below Average:
Previous inspections with willful, repeat, or failure to abate violations or inspections with two or more serious violations on average.
+10%
• 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
Good Faith
Penalty Adjustment
Good
-20%
Average
None
Below Average
+20%
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
Immediate correction of hazard provided such corrective action is substantial and not temporary or superficial
-15%
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
Number of Employees
Penalty Adjustment
1 - 10
-70%
11 - 25
-60%
26 - 100
-40%
101 - 250
-20%
251 or more
None
Based on workforce size nationwide.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 19-01-097, § 296-900-14015, filed 12/18/18, effective 1/21/19; 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.]
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