Oregon OSHA Civil Penalty Adjustment Rule Update

Oregon OSHA Adopted Rules

Published November 21st, 2025

Detected March 23rd, 2026

Summary

Oregon OSHA has adopted a temporary rule to adjust the methodology for the annual adjustment of civil penalties. This change modifies the reference period for calculating the Consumer Price Index (CPI) used to update penalty amounts, impacting the calculation of future penalties for various violation types.

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What changed

Oregon OSHA has issued a temporary amendment to its rule regarding the annual adjustment of civil penalties. The primary change involves modifying the reference period for the Consumer Price Index (CPI) calculation from October to September for the annual adjustment of civil penalties, as mandated by ORS 654.086(4). This adjustment impacts the methodology for updating penalty amounts for other-than-serious, serious, repeat, willful, and fatality-related violations, with the adjusted amounts becoming effective January 1st of each calendar year.

Regulated entities should be aware that the calculation basis for future civil penalty adjustments has been altered. While this specific temporary rule adjusts the methodology text, the actual penalty amounts will be updated annually based on the CPI. Compliance officers should note the change in the CPI reference period and monitor future bulletins for specific penalty amount updates. The rule itself is effective immediately upon filing, but the annual adjustments will take effect on January 1st of each subsequent year.

What to do next

Review updated OAR 437-001-0142 text for changes to CPI reference period.
Monitor future Oregon OSHA bulletins for specific annual civil penalty amount adjustments.
Ensure internal processes account for potential changes in penalty calculations based on CPI adjustments.

Source document (simplified)

Oregon OSHA Text of Changes for Adopted Temporary Methodology Time Period Change for the Annual Adjustment of Civil Penalties Temporary Adopted Rule Oregon OSHA Temporary Administrative Order 2-2025 Filed November 21, 2025, Effective November 21, 2025

Text removed is in [brackets with line through]. Text added is in bold and underline.

OAR 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 [October]September 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. Note: Appendix A is an example of information that will be included in 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 History: OSHA 3-2023, adopt filed 11/22/2023, effective 01/01/2024 OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 2-2025, temporary amend filed 11/21/2025, effective 11/21/2025

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([3]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([3]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 [October]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.

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

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 is not annually Other Than Serious (OAR 437-001-Serious that Caused or Contributed to a Work-Related Repeat that Caused or Contributed to a Work-Related Willful that Caused or Contributed to a Work-Related Minimum Maximum Penalty Table – Penalty Range By Type and Classification of Violation Type Willful Other Than Serious Serious Physical Harm or Death Repeat adjusted. Medium Medium Initial Penalty Initial Penalty High High High Low Low Low Severity Death Serious Violation Types (OAR 437-001-0145) 0145) Fatality Fatality Fatality

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

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

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