Oregon OSHA will identify repeat violations as follows:
(1) An employer's second or subsequent
violation involving a substantially similar violation, cited within the
previous three years, will be cited as a repeat violation as described
below.
(2) When citing an identical
standard for a
violation of a previously cited statute, regulation,
rule,
standard, or order it will be presumed to be a repeat
violation. That
presumption can be disproven only if the circumstances clearly demonstrate that
the
violation is not
substantially similar to a previously cited
violation.
Example: Previously a citation was issued for a violation of
1910.212(a)(1) for not guarding ingoing nip points. A recent inspection of the
same establishment revealed a citation of 1910.212(a)(1) for not guarding
against flying chips and sparks. Although the same standard was cited, the
hazardous conditions are clearly not substantially similar and a repeat
violation would not be appropriate.
(3) When citing a different standard, in some
circumstances,
substantially similar conditions can be demonstrated. In such
cases, if
the violations found are
substantially similar a repeat
violation
would be appropriate even though the standards are different.
Example #1: Previously a citation was issued for a failure to
install appropriate scaffold guardrails under the Division 3 Construction
standards. A recent inspection of the same employer found a violation for a
failure to install appropriate scaffold guardrails, but this time the operation
involved activities covered by the Division 2 General Industry standard.
Although two different standards are cited, the violations are substantially
similar and would therefore be treated as a repeat.
Example #2: Previously a citation was issued for failure to
have a respirator program in a Division 2 General Industry situation where
exposure to asbestos would require one. A recent inspection of the same
employer found a violation for not requiring employees to wear respirators
while performing lead related tasks in the Lead, Division 3 Construction
standard that requires respiratory protection. Although two different standards
are cited, the violations are substantially similar and would therefore be
treated as a repeat.
(4)
Where a previously cited
violation is under
appeal and not yet final:
(a) The second violation will be cited as a
repeat violation; and
(b) Such
citation will state that the earlier violation is under appeal and the repeat
classification of the current violation will be rescinded if the earlier
violation does not become final.
(5) At fixed places of employment, "high
probability serious" and "death" rated violations will be issued as repeat
violations at all of an employer's places of employment in the state. Repeat
violations for all other violation types will be limited to the cited place of
employment.
(6) At nonfixed places
of employment, repeat violations will be based on earlier violations occurring
anywhere within the state. Where the Administrator, or designee, determines in
his or her discretion that the span of control and nature of activity for a
portion of the state is more readily comparable to fixed location activity,
repeat violations will be handled in a manner consistent with fixed places of
employment.
Notes
Or. Admin. Code
§
437-001-0160
WCD 5-1978. f. 6-22-78, ef.
8-15-78; WCD 4-1981, f. 5-22-81, ef. 7-1-81; WCD 6-1982, f. 6-28-82, ef.
8-1-82; APD 7-1988, f. 6-17-88, ef. 7-1-74; APD 7-1989(Temp), f. & ef.
5-1-89; APD 10-1989, f. & cert. ef. 7-7-89; OSHA 7-1992, f. 7-31-92, cert.
ef. 10-1-92; OSHA 6-1994, f. & cert. ef. 9-30-94; OSHA 2-2009, f. 1-27-09,
cert. ef. 2-3-09; OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12;
OSHA
5-2018, amend filed 11/29/2018, effective
12/17/2018;
OSHA
13-2021, amend filed 11/01/2021, effective
12/1/2021;
OSHA
3-2023, amend filed 11/22/2023, effective
1/1/2024
Statutory/Other Authority: ORS
654.025(2),
654.035 &
656.726(4)
Statutes/Other Implemented: ORS
654.001 through
654.295
