Oregon: Increased Oregon OSHA Penalty Maximums
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APPLIES TO All Employers with OR Employees |
EFFECTIVE May 24, 2023
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QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
SB 592 increased civil penalties and expanded the scope of workplace safety investigations by Oregon’s Occupational Safety and Health Division (Oregon OSHA). Non-serious violations may incur civil penalties of up to $15,625 per violation. Serious violations, defined as those posing a significant likelihood of death or severe physical harm, will result in civil penalties ranging from $1,116 to $15,625 per violation. Serious violations causing or contributing to an employee’s death will receive civil penalties ranging from $20,000 to $50,000 per violation. Repeat offenders will also receive stronger penalties. Willful or repeated violations will incur civil penalties ranging from $11,162 to $156,259 per violation. Willful or repeated violations causing or contributing to an employee’s death will receive a minimum civil penalty of $50,000 per violation, with a maximum penalty of $250,000. Failure to rectify a violation, as cited by Oregon OSHA, may result in penalties of up to $15,625 per day of continued violation.
The law also expanded inspection authority for the Director of the Department of Consumer and Business Services (DCBS) to conduct a comprehensive inspection at any place of employment based on a business’ history of violating state occupational safety and health laws. There are two circumstances in which a comprehensive inspection will be conducted: 1) whenever an accident investigation reveals that a violation has caused or contributed to a work-related fatality, a comprehensive inspection must be carried out within one year of the associated closing conference; and 2) if three or more willful or repeated violations occur within a one-year period, a comprehensive inspection must be conducted within one year of the most recent willful or repeated violation’s associated closing conference. The DCBS must also submit an annual report summarizing the total number and amount of penalties imposed, the overall number of appeals filed, and the complete scope of inspections conducted, including the circumstances that prompted such inspections.
Action Items
- Review and update health and safety programs.
- Have appropriate personnel trained on the requirements.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
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