OSHA Temporary Change to Annual Civil Penalty Adjustment Methodology

November 21, 2025 Adopted Temporary Methodology Time Period Change for

the Annual Adjustment of Civil Penalties

Text of changes Rulemaking Summary:

Currently each year, as required under Oregon OSHA’s General Administration Rule (Division

1), Violations and Penalties rule OAR 437-001-0142(1), the Director of the Department of Consumer and Business Services (DCBS), or their designee, must publish a notice of Oregon

OSHA’s Annual Adjustments to Penalties Bulletin in the Oregon Bulletin, or its successor, to

notify the regulated community of annual adjustment in civil penalty amounts resulting from compliance inspections, as required by ORS 654.086(4). This annual notice is to account for the percentage change, if any, in the Consumer Price Index for All Urban Consumers, West Region, All Items (West Region CPI-U), from October to October of each year as published by the U.S Bureau of Labor Statistics (BLS) or its successor. However, due to the recent lapse in

appropriations by the U.S. Congress, and resulting suspension of federal government services (government shutdown) and related ongoing disruptions, specifically that the U.S. Bureau of Labor Statistics has not updated their webpage containing applicable CPI-U data since September 2025 -- and no release date for October data, Oregon OSHA must adopt temporary

amendments to its Division 1, OARs 437-001-0142 in order to maintain alignment with the statutory requirement under ORS 654.086(4). This temporary rulemaking changes the BLS

CPI-U data time period currently in the rule from October to October of each year, to October

to September of each year. This is Oregon OSHA Temporary Administrative Order 2-2025, adopted November 21, 2025, and effective November 21, 2025 through May 18, 2026. Oregon OSHA contact: Tom Bozicevic, Salem Central Office @ 503-378-3272, or email at tom.bozicevic@dcbs.oregon.gov. Please visit our website osha.oregon.gov/rules to view our adopted rules, or select other rule activity from this page. Note: In compliance with the Americans with Disabilities Act (ADA), this publication is available in alternative formats by calling 503-378-3272.

503-378-3272 tech.web@dcbs.oregon.gov 350 Winter St. NE osha.oregon.gov P.O. Box 14480 Tina Kotek, Governor Salem, OR 97309

HOUSING COST IMPACT STATEMENT

FOR ESTIMATING THE EFFECT OF A PROPOSED RULE OR ORDINANCE ON THE COST OF DEVELOPING A *TYPICAL 1,200 SQ FT DETACHED SINGLE FAMILY DWELLING ON A 6,000 SQ FT PARCEL OF LAND. (ORS 183.534) FOR ADMINISTRATIVE RULES

AGENCY NAME: DCBS/Oregon OSHA PERMANENT: HEARING DATES: ADDRESS: 350 Winter Street NE CITY/STATE: Salem OR 97301-3882 TEMPORARY: X EFFECTIVE DATE: 11/21/2025 PHONE: 503-947-7449

Description of proposed change: (Please attach any draft or permanent rule or ordinance) See attached Statement of Need and Justification. Description of the need for, and objectives of the rule: See attached Statement of Need and Justification. List of rules adopted or amended: OAR 437-001-0142

Materials and labor costs increase or savings: None. Estimated administrative construction or other costs increase or savings: None. Land costs increase or savings: Oregon OSHA does not foresee any effect on land costs. Other costs increase or savings: Oregon OSHA does not foresee any additional costs. *Typical-Single story 3 bedrooms, 1 1/2 bathrooms, attached garage (calculated separately) on land with good soil

conditions with no unusual geological hazards.

PREPARERS NAME: Tom Bozicevic EMAIL ADDRESS: tom.bozicevic@dcbs.oregon.gov

BELOW PLEASE PROVIDE A DESCRIPTION OF THE ESTIMATED SAVINGS OR ADDITIONAL COSTS THAT WILL RESULT PROVIDE A BRIEF EXPLANATION OF HOW THE COST OR SAVINGS ESTIMATE WAS DETERMINED. IDENTIFY HOW CHANGE IMPACTS COSTS IN CATEGORIES SPECIFIED FROM THIS PROPOSED CHANGE.

OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION TOBIAS READ STEPHANIE CLARK SECRETARY OF STATE DIRECTOR 800 SUMMER STREET NE MICHAEL KAPLAN SALEM, OR 97310 DEPUTY SECRETARY OF STATE 503-373-0701

TEMPORARY ADMINISTRATIVE ORDER FILEDINCLUDING STATEMENT OF NEED & JUSTIFICATION OSHA 2-2025 11/21/2025 2:42 PM ARCHIVES DIVISIONCHAPTER 437 SECRETARY OF STATEDEPARTMENT OF CONSUMER AND BUSINESS SERVICES & LEGISLATIVE COUNSEL

OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION FILING CAPTION: Adopted Temporary Methodology Time Period Change for the Annual Adjustment of Civil Penalties EFFECTIVE DATE: 11/21/2025 THROUGH 05/18/2026 AGENCY APPROVED DATE: 11/21/2025 CONTACT: Lisa Appel 350 Winter St NE Filed By: 503-947-7449 Salem,OR 97301 Lisa Appel OSHA.rulemaking@dcbs.oregon.gov Rules Coordinator NEED FOR THE RULE(S): Currently each year, as required under Oregon OSHA’s General Administration Rule (Division 1), Violations and Penalties rule OAR 437-001-0142(1), the Director of the Department of Consumer and Business Services (DCBS), or their designee, must publish a notice of Oregon OSHA’s Annual Adjustments to Penalties Bulletin in the Oregon Bulletin, or its successor, to notify the regulated community of annual adjustment in civil penalty amounts resulting from compliance inspections, as required by ORS 654.086(4). This annual notice is to account for the percentage change, if any, in the Consumer Price Index for All Urban Consumers, West Region, All Items (West Region CPI-U), from October to October of each year as published by the U.S Bureau of Labor Statistics (BLS) or its successor. However, due to the recent lapse in appropriations by the U.S. Congress, and resulting suspension of federal government services (government shutdown) and related ongoing disruptions, specifically that the U.S. Bureau of Labor Statistics has not updated their webpage containing applicable CPI-U data since September 2025 -- and no release date for October data, Oregon OSHA must adopt temporary amendments to its Division 1, OARs 437-001-0142 in order to maintain alignment with the statutory requirement under ORS 654.086(4). JUSTIFICATION OF TEMPORARY FILING: As required by the Oregon Safe Employment Act, ORS 654.071(1), if the Director of the Department of Consumer and Business Services or their authorized representative has reason to believe, after inspection or investigation of a place of employment, that an employer has violated any state occupational safety or health law, regulation, standard, rule or order, the director or the authorized representative shall with reasonable promptness issue to such employer a citation, and notice of proposed civil penalty, if any. Such civil penalties are established by Oregon OSHA’s Annual Adjustments to Penalties Bulletin, as required by ORS 654.086(4), and are annually updated, if needed, in OAR 437-001-0145. Failure to immediately adopt temporary rule changes would result in non-compliance with both state laws, ORS 654.068(4) and ORS 654.071(1). DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: Division 1 (General Administration), Violations and Penalties: https://osha.oregon.gov/OSHARules/div1/437-001-0135-0203.pdf

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Chapter 654 — Occupational Safety and Health (2023 Edition): https://www.oregonlegislature.gov/bills_laws/ors/ors654.html

1. S. Bureau of Labor Statistics (BLS), Consumer Price Index for All Urban Consumers (CPI-U):
   https://data.bls.gov/timeseries/CUUR0400SA0

2. S. Bureau of Labor Statistics (BLS), “Suspension of Federal Government Services”:
   https://www.bls.gov/bls/2025_october_shutdown.htm

3. S. Bureau of Labor Statistics (BLS), “Revised news release dates following the 2025 lapse in appropriations”:
   https://www.bls.gov/bls/2025-lapse-revised-release-dates.htm HOUSING IMPACT STATEMENT: FOR ESTIMATING THE EFFECT OF A PROPOSED RULE OR ORDINANCE ON THE COST OF DEVELOPING A *TYPICAL 1,200 SQ FT DETACHED SINGLE FAMILY DWELLING ON A 6,000 SQ FT PARCEL OF LAND. (ORS 183.534) FOR ADMINISTRATIVE RULES AGENCY NAME: DCBS/Oregon OSHA ADDRESS: 350 Winter Street NE CITY/STATE: Salem, OR 97301-3882 PHONE: 503-947-7449 TEMPORARY: X EFFECTIVE DATE: 11/21/2025 BELOW PLEASE PROVIDE A DESCRIPTION OF THE ESTIMATED SAVINGS OR ADDITIONAL COSTS THAT WILL RESULT FROM THIS PROPOSED CHANGE. PROVIDE A BRIEF EXPLANATION OF HOW THE COST OR SAVINGS ESTIMATE WAS DETERMINED. IDENTIFY HOW CHANGE IMPACTS COSTS IN CATEGORIES SPECIFIED Description of proposed change: See attached Statement of Need and Justification. Description of the need for, and objectives of the rule: See attached Statement of Need and Justification. List of rules adopted or amended: OAR 437-001-0142 Materials and labor costs increase or savings: None. Estimated administrative construction or other costs increase or savings: None. Land costs increase or savings: Oregon OSHA does not foresee any effect on land costs.

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Other costs increase or savings: Oregon OSHA does not foresee any additional costs. *Typical-Single story 3 bedrooms, 1 1/2 bathrooms, attached garage (calculated separately) on land with good soil conditions with no unusual geological hazards. AMEND: 437-001-0142 RULE SUMMARY: Currently each year, as required under Oregon OSHA’s General Administration Rule (Division 1), Violations and Penalties rule OAR 437-001-0142(1), the Director of the Department of Consumer and Business Services (DCBS), or their designee, must publish a notice of Oregon OSHA’s Annual Adjustments to Penalties Bulletin in the Oregon Bulletin, or its successor, to notify the regulated community of annual adjustment in civil penalty amounts resulting from compliance inspections, as required by ORS 654.086(4). This annual notice is to account for the percentage change, if any, in the Consumer Price Index for All Urban Consumers, West Region, All Items (West Region CPI-U), from October to October of each year as published by the U.S Bureau of Labor Statistics (BLS) or its successor. However, due to the recent lapse in appropriations by the U.S. Congress, and resulting suspension of federal government services (government shutdown) and related ongoing disruptions, specifically that the U.S. Bureau of Labor Statistics has not updated their webpage containing applicable CPI-U data since September 2025 -- and no release date for October data, Oregon OSHA must adopt temporary amendments to its Division 1, OARs 437-001-0142 in order to maintain alignment with the statutory requirement under ORS 654.086(4). This temporary rulemaking changes the BLS CPI-U data time period currently in the rule from October to October of each year, to October to September of each year. CHANGES TO RULE: 437-001-0142 Annual Adjustment of Civil Penalties (1) Each year, the director will be responsible for publishing notice of Oregon OSHA's Annual Adjustments to Penalties Bulletin in the Oregon Bulletin or its successor. This bulletin will also be made available on the Division's website at https://osha.oregon.gov/pages/topics/violations-and-penalties, or its successor. This bulletin will notify the regulated community of annual adjustment in civil penalty amounts required by ORS 654.086(4) to account for the percentage change, if any, in the Consumer Price Index for All Urban Consumers, West Region, All Items (West Region CPI-U), from October to OctoSeptember of each year as published by the Bureau of Labor Statistics (BLS) of the United States Department of Labor or its successor. The annual adjustments will be effective January 1st of each calendar year.¶ (2) Annual adjustments must be applied to the following civil penalties:¶ (a) Other than serious-rated violation - maximum civil penalty amounts in OAR 437-001-0145(2)(a) and civil penalty amounts in Table 2 in OAR 437-001-0145(2)(g).¶ (b) Serious Physical Harm or Death-rated violation - minimum and maximum civil penalty amounts in OAR 437- 001-0145(2)(b) and civil penalty amounts in Table 2 in OAR 437-001-0145(2)(g).¶ (c) Repeat Violation - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(c) and civil penalty amounts in Table 2 in OAR 437-001-0165(3).¶ (d) Willful Violations - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(d) and civil penalty amounts in Table 1 in OAR 437-001-0175(1).¶ (e) Violations that caused or contributed to a work-related fatality - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(e) and civil penalty amounts in Table 3 in OAR 437-001-0145(3).¶ (f) Willful and repeat violations that caused or contributed to a work-related fatality - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(f) and civil penalty amounts in Table 2 in OAR 437-001-0165(3) and Table 2 in OAR 437-001-0175(2).¶ (3) An annual adjustment must be applied to the penalty reduction in OAR 437-001-0150(2)(b).¶ (4) The civil penalty amounts adjusted under this rule will not be lower than the minimum or greater than the maximum that may be assessed under ORS 654.086 as a result of any reductions or multipliers applied. See Appendix A to OAR 437-001-0142 - Example of Oregon OSHA's Annual Adjustments to Penalties Bulletin.¶

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Note: Appendix A is an example of information that will be included in Oregon OSHA's Annual Adjustments to Penalties Bulletin.¶ [Insert Appendix A - Example of Oregon OSHA's Annual Adjustments to Penalties Bulletin] Statutory/Other Authority: ORS 654.025(2), 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 RULE ATTACHMENTS MAY NOT SHOW CHANGES. PLEASE CONTACT AGENCY REGARDING CHANGES.

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Attachment for 437-001-0142, Annual Adjustment of Civil Penalties Appendix A: Example of Oregon OSHA’s Annual Adjustments to Penalties Bulletin

Oregon OSHA’s Annual Adjustments to Penalties Bulletin

ORS 654.086(4), OAR 437-001-0142 To: All Interested Parties Summary: This bulletin supersedes the civil penalties adopted by Administrative Order 3-2023. As provided for in ORS 654.086(4), Oregon OSHA shall adjust the amount of civil penalties to account for the percentage increase or decrease, if any, in the Consumer Price Index for All Urban Consumers, West Region, All Items (West Region CPI-U), as published by the Bureau of Labor Statistics (BLS) of the United States Department of Labor. On DATE, the BLS published a % increase. West Region CPI-U: BLS reference data location: https://data.bls.gov/timeseries/CUUR0400SA0 Date published BLS West Region CPI-U:

Oregon OSHA is required to calculate the annual adjustment based on the West Region CPI-U. Annual inflation adjustments are based on the percent change between the West Region CPI-U in October of the preceding year and September of the current year. The percent change is the cost-of-living adjustment multiplier for the following year. In order to compute the annual adjustment, the Agency multiplied the most recent penalty amount for each applicable penalty by the multiplier and rounded to the nearest dollar. More information about Oregon OSHA's violations and civil penalties can be found at: https://osha.oregon.gov/Pages/topics/violations-and-penalties.aspx The civil penalties in this bulletin apply to citations assessed under ORS 654.086 for inspections opened between January 1, through December 31. See tables on the following pages.

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West Region CPI-U Index Data Year Month September October Annual Adjustment Factor Percentage Adjustment

First-instance violation: An employer’s first violation cited within the previous three years of a particular statute, regulation, rule, standard, or order.

The civil penalty amount for an initial other than serious violation Page 6 of 8 Penalty Table – Penalty Range By Type and Classification of Violation Minimum Maximum is not annually adjusted. Type Serious that Caused or Contributed to a Work-Related Fatality Serious Physical Harm or Death Willful Repeat that Caused or Contributed to a Work-Related Fatality Willful that Caused or Contributed to a Work-Related Fatality Other Than Serious Repeat Serious Violation Types (OAR 437-001-0145) Other Than Serious (OAR 437-001-0145) Medium Medium Initial Penalty Initial Penalty High High High Low Low Low Severity Death

Repeat violation: An employer’s second or subsequent violation involving a substantially similar

violation as the earlier violation or violations, cited within the previous three years.

Willful violation: A violation committed knowingly by an employer or supervisory employee who, having a free will or choice, intentionally or knowingly disobeys or recklessly disregards the requirements of a statute, regulation, rule, standard, or order.

Civil penalties for the 4th and greater repeat violations Civil are assigned with the Other than Serious Serious Physical Page 7 of 8Penalty Administrator's discretion. Death Second Third First Medium Other than Serious Death Second Second Third Civil Penalty Third First First Repeat Violation Types (OAR 437-001-0165) High Low Severity Severity Willful Violation Types (OAR 437-001-0175) Repeat Violation Types (OAR 437-001-0165) Severity Low Medium High Reduction Serious Violation Types Repeat Size Reduction for 1-50 employees (OAR 437-001-0150) Type Harm

Caused or contributed to a work-related fatality violation: The workplace death of an employee that was attributed to a violation or in which the violation was a related factor, as determined by the compliance officer.

If you have questions about this bulletin, call Oregon OSHA at 503-378-3272 or 800-922-2689.

(Administrator - Signature) Date

Civil Civil Other than Other than Serious that Caused or Contributed to a Work-Related Fatality Violation Types Serious Physical Serious Physical Repeat that Caused or Contributed to a Work-Related Fatality Violation Types Willful that Caused or Contributed a Work-Related Fatality Violation Types Page 8 of 8Penalty Penalty Serious Serious Death Death (OAR 437-001-0145) Severity Death Severity Civil Penalty Medium Medium High Low Low High Medium High Severity Low (OAR 437-001-0175) Harm Harm (OAR 437-001-0165) Medium High Low (Administrator - Printed name)