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 $100. – The minimum adjusted penalty for serious violations contributing to a fatality is $2,500. – The minimum penalty for willful violations is $5,000 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 $7,000, 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 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% 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% 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 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.