Oregon Administrative Rules
Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION
Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT
Section 437-001-0135 - Evaluation of Probability to Establish Penalties

Universal Citation: OR Admin Rules 437-001-0135

Current through Register Vol. 63, No. 12, December 1, 2024

(1) The probability of an accident that could result in an injury or illness from a violation will be determined by the Compliance Officer and will be expressed as a probability rating.

(2) The factors to be considered in determining a probability rating may include, as applicable:

(a) The number of employees exposed;

(b) The frequency and duration of exposure;

(c) The proximity of employees to the point of danger;

(d) Factors that require work under stress;

(e) Lack of proper training and supervision or improper workplace design; or

(f) Other factors that may significantly affect the probability of an accident occurring.

(3) The probability rating is:

(a) Low - If the factors considered indicate that the likelihood an accident could occur is lower than typical;

(b) Medium - If the factors considered indicate that the likelihood an accident could occur is typical; or

(c) High - If the factors considered indicate that the likelihood an accident could occur is higher than typical.

(4) The probability rating may be adjusted on the basis of any other relevant facts that would affect the likelihood of injury or illness.

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)

Statutes/Other Implemented: ORS 654.001 through 654.295

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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