Wash. Admin. Code § 296-900-14015
* Tables 8 through 11 describe the various factors DOSH considers when adjusting a base penalty, and the effect on the fine.
-The minimum adjusted base penalty for any standard violation carrying a penalty is one hundred dollars.
- The minimum adjusted penalty for serious violations contributing to a fatality is two thousand five hundred dollars.
- The minimum penalty for willful violations is five thousand dollars per violation unless set to a specific higher amount by the federal Occupational Safety and Health Administration under 29 C.F.R. 1903.15 and this state is required to equal the higher penalty amount to qualify as a state plan state.
-The maximum adjusted base penalty for a 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.
* No adjustments are made to minimum penalty amounts specified by statute.
Table 8
Employer Inspection History
| History Assessment | Penalty Adjustment |
| Above Average: Previous inspections with less than one serious violation on average and no willful, repeat, or failure to abate violations. | -10% |
| Average: No previous inspections or inspections with less than two serious violations on average. | None |
| Below Average: Previous inspections with willful, repeat, or failure to abate violations or inspections with two or more serious violations on average. | +10% |
* History is based on the prior three years statewide.
* No reduction is given for violations classified as willful, repeat, failure to abate, or violations contributing to an inpatient hospitalization with an assigned gravity of 6 or 9 or any violations contributing to a fatality.
Table 9
Good Faith
| Good Faith | Penalty Adjustment |
| Good | -20% |
| Average | None |
| Below Average | +20% |
Based on:
* Evidence of an overall safety and health program, including a written accident prevention program (APP), other required written programs, training, etc.
* Efforts to fully communicate safety and health policies.
* Employees are clearly involved in the safety and health programs.
* Management's commitment at all levels is apparent.
* Employer's injury and illness rate.
No reduction is given for violations classified as willful, repeat, or failure to abate.
Table 10
Abatement Quick-Fix Reduction
| Immediate correction of hazard provided such corrective action is substantial and not temporary or superficial | -15% |
No reduction is given for:
* Violations classified as willful, repeat, or failure to abate.
* Violations contributing to an inpatient hospitalization or fatality, or to any incidents resulting in serious injuries to employees.
* Blatant violations that are easily corrected or "abated" due to the short-term duration of work at a specific location.
Table 11
Size of Workforce
| Number of Employees | Penalty Adjustment |
| 1 - 10 | -70% |
| 11 - 25 | -60% |
| 26 - 100 | -40% |
| 101 - 250 | -20% |
| 251 or more | None |
Based on workforce size nationwide.
Wash. Admin. Code § 296-900-14015
Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 06-06-020, § 296-900-14015, filed 2/21/06, effective 6/1/06.