Employer size, for the purposes of this chapter, is determined based on the number of employees on the day of the alleged violation or the average number of employees over the previous 12 months, whichever is greater, except for the purposes of establishing penalties under chapter 49.17 RCW and associated rules. For the purposes of setting penalties under chapter 49.17 RCW and associated rules, the size of business will be measured on the maximum number of employees at all workplaces nationwide, in the previous 12 months. For businesses operating for less than one year, the size will be based on the maximum number of employees since the company has been in business.