| For this circumstance: | The adjusted base penalty may be increased as follows: | |
| Repeat violation When the employer has been previously cited for a substantially similar hazard, with a final order for the previous violation dated no more than 3 years prior to the employer committing the violation being cited. |
• | Multiplied by the total
number of citations
with violations
involving similar
hazards, including the
current inspection. Note: The maximum penalty can't exceed seventy thousand dollars for each violation. |
| Willful violation | • | Multiplied by ten with at least the statutory minimum penalty of five thousand dollars |
| An act committed with the intentional, knowing, or voluntary disregard for the WISHA requirements or with plain indifference to employee safety. | Note: The maximum penalty can't exceed $70,000 for each violation. | |
| Egregious violation If the violation was willful and at least one of the following: |
• | With a separate penalty issued for each instance the employer fails to follow a specific requirement. |
| • The violations resulted in worker fatalities, a worksite catastrophe, or a large number of injuries or illnesses. | ||
| • The violations resulted in persistently high rates of worker injuries or illnesses. | ||
| • The employer has an extensive history of prior violations. | ||
| • The employer has intentionally disregarded its safety and health responsibilities. | ||
| • The employer's conduct taken as a whole amounts to clear bad faith in the performance of his/her duties. | ||
| • The employer has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that might be in place. | ||
| Failure to abate (FTA) Failure to correct a cited WISHA violation on time. |
• | Based on the facts at the time of reinspection, will be multiplied by: |
| Reference: For how to certify corrected violations, go to Certifying violation corrections, WAC 296-900-15005 through 296-900-15030. | – | At least five, but up to ten, based on the employer's effort to comply. |
| – | The number of calendar days past the correction date, with a minimum of five days. | |
| Note: The maximum penalty can't exceed seven thousand dollars per day for every day the violation is not corrected. | ||