Wash. Admin. Code § 296-900-14010
* DOSH calculates the base penalty for a violation by considering the following:
-Specific amounts that are dictated by statute;
OR
-By assigning a weight to a violation, called "gravity." Gravity is calculated by multiplying a violation's severity rate by its probability rate. Expressed as a formula:
Gravity = Severity x Probability
| Note: | Most base penalties are calculated by the gravity method. |
* Severity and probability are established in the following ways:
Severity:
-Severity rates are based on the most serious injury, illness, or disease that could be reasonably expected to occur because of a hazardous condition.
- Severity rates are expressed in whole numbers and range from 1 (lowest) to 3 (highest).
-Tables 3 and 4 are used to determine the severity rate for a violation.
Table 3
Severity - Serious Violations
| 3 | * Death * Injuries involving permanent disability . Chronic, irreversible illness |
| 2 | * Disability of a limited nature * Injuries or reversible illnesses resulting in hospitalization |
| 1 | * Injuries or temporary, reversible illnesses resulting in serious physical harm * May require removal from exposure or supportive treatment without hospital-ization for recovery |
Table 4
Severity - General Violations
| General violation |
| * Conditions that could cause injury or illness to an employee but would not result in serious physical harm |
Probability:
Definition:
A probability rate is a number that describes the likelihood that an injury, illness, or disease will occur ranging from 1 (lowest) to 3 (highest). See Table 5.
- When determining probability, DOSH considers a variety of factors, depending on the situation, such as:
[] Frequency and amount of exposure.
[] Number of employees exposed.
[] Instances, or number of times, the hazard is identified in the workplace.
[] How close an employee is to the hazard, i.e., the proximity of the employee to the hazard.
[] Weather and other working conditions.
[] Employee skill level and training.
[] Employee awareness of the hazard.
[] The pace, speed, and nature of the task or work.
[] Use of personal protective equipment.
[] Other mitigating or contributing circumstances.
Table 5
Probability
| 3 | * If the factors considered indicate the likelihood of injury or illness would be relatively high. |
| 2 | * If the factors considered indicate the likelihood of injury or illness would be moderate. |
| 1 | * If the factors considered indicate an injury or illness could occur, but the likelihood would be relatively low. |
- Table 6 is used to determine the dollar amount for each gravity-based penalty, unless otherwise specified by statute.
Table 6
Gravity-Based Penalty - Serious Violations
Severity x Probability = Gravity
| 9 High | $7,000 |
| 6 | $6,000 |
| 4 | $4,000 |
| 3 | $3,000 |
| 2 | $2,000 |
| 1 Low | $1,000 |
The minimum penalty for a standard serious violation = one hundred dollars.
(A penalty is required by statute for a serious violation; where adjustments would result in a penalty below the minimum, the minimum will be applied.)
The maximum statutory penalty for a serious 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.
Links:
* Occupational Safety and Health Administration- OSHA penalties.
* Occupational Safety and Health Administration 29 C.F.R. 1903.15 Proposed penalties.
* RCW 49.17.180 Violations-Civil penalties.
Table 7
General Violations Penalty
| General violation (first time nonstatutory) | $0 |
| General violation base penalty | $200 |
A penalty is not applied to first time general violations. The base penalty is used to calculate the penalty for willful, repeat, or failure to abate general violations.
Wash. Admin. Code § 296-900-14010
Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-06-020, § 296-900-14010, filed 2/21/06, effective 6/1/06.