610 IAC 9-4-5 Knowing violations

Sec. 5. (a) Knowing violations are classified as serious or nonserious. There may be no reduction for good faith, and the total penalty, after reductions, may not be less than the statutory minimum. (b) The reduction factors for size for serious knowing violations are applied as shown in the following table. This chart helps lessen the impact of large penalties for small employers with not more than fifty (50) employees. For violations that are not serious knowing, Table 4-4 in section 3 of this rule is used: Table 4-5: Serious Knowing Penalty Reductions Employees Percent Reduction 10 or fewer 80% 11 - 20 60% 21 - 30 50% 31 - 40 40% 41 - 50 30% 51 - 100 20% 101 - 250 10% 251 or more 0% (c) The reduction factor for history is applied, and the proposed penalty determined, from the following table: Table 4-6: Penalties to be Proposed for Serious Knowing Violations Total Percent Reduction for Size and/or History Related to Fatality Not Related to Fatality High Gravity Moderate Gravity Low Gravity 0% $132,598 $70,000 $55,000 $40,000 10% $119,338 $63,000 $49,500 $36,000 20% $106,078 $56,000 $44,000 $32,000 30% $92,819 $49,000 $38,500 $28,000 40% $79,559 $42,000 $33,000 $24,000 60% $53,039 $28,000 $22,000 $16,000 70% $39,779 $21,000 $16,500 $12,000 80% $26,520 $14,000 $11,000 $8,000 90% $13,260 $7,000 $5,500 $5,000 (d) For regulatory violations determined to be knowing, the GBP penalty is multiplied by ten (10).