• 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 hospitalization 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.
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.