Current through Register Vol. 63, No. 9, September 1, 2024
(1) In addition to any other penalty provided by law, the
Commissioner of the Bureau of Labor and Industries may assess a civil penalty
not to exceed $10,000 for each violation described in OAR 839-019-0010.
(2)
(a) The Commissioner may enter into a settlement agreement
with an employer, pursuant to which a civil penalty will be suspended pending
successful fulfillment of the agreement.
(b) The Commissioner may enter into a compliance agreement with
an employer, pursuant to which an employer agrees to perform or not to perform
specified acts, in exchange for a reduction in the amount or number of civil
penalties assessed.
(c) This section (2) does not limit the authority of the
Commissioner to enter into a consent order or any other form of agreement with
an employer.
(3)
(a) The civil penalty for violation of ORS 653.307, or
otherwise employing a minor without a valid employment certificate, shall be in
the amount of $250 if:
(A) The only violation alleged in the notice of intent to
assess civil penalties is the failure to obtain an employment
certificate;
(B) The employer was not subject to an agreement described in
section (2) of this rule at the time the violation was committed;
(C) The employer has cured the violation; and
(D) The Bureau has not issued the employer a final order for a
violation described in OAR 839-019-0010 within the past five years.
(b) Unless the provisions of subsection (a) of this section
apply, the civil penalty for violating ORS 653.307, or otherwise employing a
minor without a valid employment certificate, shall be in the amount of
$1,000.
(4) The civil penalty for violating any of the following
statutes or rules shall be in an amount not less than $5,000 and not exceeding
$10,000:
(a) Employment of a minor in violation of ORS 653.330, 653.335,
653.340 or 653.360.
(b) Employment of a minor in violation of OAR
839-021-0097.
(c) Employment of a minor in violation of OAR 839-021-0102,
839-021-0104, or 839-021-0106.
(d) Employment of a minor in violation of OAR 839-021-0067,
839-021-0070, or 839-021-0087 for the third or subsequent time.
(5) The civil penalty for violation of any of the following
statutes or rules shall be in an amount not less than $1,000 and not exceeding
$2,500:
(a) Employment of a minor in violation of the provisions of ORS
653.305 to 653.370 or OAR 839-021-001 to 839-021-0500 that is not specifically
identified in section (4) of this rule.
(b) Employment of a minor in violation of OAR 839-021-0067,
839-021-0070, or 839-021-0087 for the first and second time.
(6) When this rule provides a range of civil penalties, the
Commissioner may consider the value of deterrence and any aggravating or
mitigating circumstances, including:
(a) Measures taken by the employer to promptly prevent or
correct violations of the law;
(b) Any prior violations of the law committed by the
employer;
(c) The magnitude and seriousness of the violation; and
(d) Each of the factors described in 29 CFR 579.5.
(7) Notwithstanding any other provision of this rule:
(a) No less than the maximum civil penalty amount identified in
sections (4) and (5) of this rule shall be assessed if the violation:
(A) Is willful and repeated; or
(B) Resulted in an imminent danger to minor employees, or a
substantial probability that death or a serious injury, illness or condition
could have occurred, while performing duties on behalf of the employer.
(b) The civil penalty when a minor incurs a serious injury,
illness or condition, or dies, while performing duties on behalf of the
employer in violation of the provisions of ORS 653.305 to 653.370 or OAR
839-021-0001 to 839-021-0500, may be in an amount that does not exceed
$10,000.
(8) As used in this rule, "serious injury, illness or
condition" includes "serious injury" as that phrase is defined in 29 CFR 579.2.
Statutory/Other Authority: ORS 651.060 & ORS
653.400
Statutes/Other Implemented: ORS
653.370
