Statute Text
Civil
penalty for violations; classification of violations; penalty adjustments;
payment and disposition of penalty moneys; reporting.
(1) The Director of the Department
of Consumer and Business Services or the authorized representative of the
director has the authority to assess civil penalties as provided by this
section for violation of the requirements of a state occupational safety or
health statute or the lawful rules, standards or orders adopted under the
statute, as follows:
(a)(A) Any
employer who receives a citation for a serious violation of such requirements
shall be assessed a civil penalty of not more than $15,625, but not less than
$1,116, for each violation.
(B) If the
serious violation caused or contributed to the death of an employee, the civil
penalty amount shall be increased to not more than $50,000, but not less than
$20,000, for each violation.
(b) Any employer
who receives a citation for a violation of such requirements, and such
violation is specifically determined not to be of a serious nature, may be
assessed a civil penalty, not to exceed $15,625, for each violation.
(c)(A) Any
employer who willfully or repeatedly violates such requirements may be assessed
a civil penalty of not more than $156,259, but not less than $11,162, for each
willful or repeated violation.
(B) If an
employers willful or repeated violation caused or contributed to the death of
an employee, the civil penalty amount shall be increased to not more than
$250,000, but not less than $50,000, for each willful or repeated violation.
(C) In
determining whether a violation is repeated for purposes of this subsection,
the director shall consider the employers history of violating the
requirements of a state occupational safety or health statute or the lawful
rules, standards or orders adopted under the statute.
(d) Any employer
who receives a citation, as provided in ORS 654.071 (4), for failure to correct
a violation may be assessed a civil penalty, not to exceed $15,625, for each
day during which the violation continues.
(e) Any employer
who knowingly makes any false statement, representation or certification
regarding the correction of a violation shall be assessed a civil penalty of
not less than $100.
(f) Any employer
who violates any of the posting requirements, as prescribed under the
provisions of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to
654.780, may be assessed a civil penalty for each violation.
(g) Any person
who violates the provisions of ORS 654.082 (2) or (3) shall be assessed a civil
penalty of not less than $100 for each violation.
(h)
Notwithstanding paragraph (b) of this subsection, an employer who substantially
fails to comply with ORS 654.174 (1) shall be assessed a civil penalty of not
less than $250 for each violation.
(i) Any insurer
or self-insured employer who violates any provision of ORS 654.097, or any rule
or order carrying out ORS 654.097, shall be assessed a civil penalty. Each
violation, or each day a violation continues, shall be considered a separate
offense.
(2) For the
purposes of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 a
serious violation exists in a place of employment if there is a substantial
probability that death or serious physical harm could result from a condition
which exists, or from one or more practices, means, methods, operations or
processes which have been adopted or are in use, in such place of employment
unless the employer did not, and could not with the exercise of reasonable
diligence, know of the presence of the violation.
(3) Civil
penalties assessed by the Department of Consumer and Business Services against
an employer for repeated violations of any of the following may not receive a
penalty adjustment, based on employer size, that reduces the amount of the
civil penalty assessed against the employer, unless the penalty adjustment is
conditioned upon the employer agreeing to comply with additional abatement
measures as determined by the department:
(a) A willful
violation under subsection (1)(c) of this section; and
(b) A serious
violation resulting in a work-related fatality.
(4) The director
shall, not later than January 15 of each year, adjust the amount of civil
penalties that may be imposed under this section to account for the percentage
increase or decrease, if any, in the Consumer Price Index for All Urban
Consumers, West Region (All Items), as published by the Bureau of Labor
Statistics of the United States Department of Labor or its successor.
(5) When an order
assessing a civil penalty becomes final by operation of law or on appeal,
unless the amount of penalty is paid within 20 days after the order becomes
final, it constitutes a judgment and may be recorded with the county clerk in
any county of this state. The clerk shall thereupon record the name of the
person incurring the penalty and the amount of the penalty in the County Clerk