610 IAC 9-4-4 Repeat violations

Sec. 4. (a) Repeat violations must be evaluated as serious or nonserious, based on current workplace conditions, and not on hazards found in an earlier case. (b) A GBP must be calculated for repeat violations based on facts noted during the current inspection. (c) Only the reduction factor for size, appropriate to the facts at the time of the reinspection, may be applied. (d) The amount of an increase to a proposed penalty for repeat violations is determined by the size of the employer's business as follows: (1) For small employers with not more than two hundred fifty (250) employees nationwide, the GBP is multiplied by a factor of two (2) for the first repeat violation and five (5) for the second repeat violation. The GBP may be multiplied by ten (10) in cases where the division director determines that it is necessary to achieve the deterrent effect. The reasons for imposing a high multiplier factor must be explained in the case file. (2) For large employers with more than two hundred fifty (250) employees nationwide, the GBP is multiplied by a factor of five (5) for the first repeat violation and ten (10) for the second repeat violation. (e) For a repeat, nonserious violation that otherwise has no initial penalty, a GBP penalty of two hundred dollars ($200) is proposed for the first repeat violation, five hundred dollars ($500) for the second repeat violation, and one thousand dollars ($1,000) for a third repeat violation. These penalties are not subject to the penalty increase factors discussed in subsection (d). (f) For repeated instances of regulatory violations, the initial penalty is multiplied by two (2) for the first repeat violation and five (5) for the second repeat violation. If the division director determines that it is necessary to achieve the proper deterrent effect, the initial penalty may be multiplied by ten (10).