Gravity based penalties determination

Like all of the ERPs, i the Reporting Rule ERP calls for determining the nature, circumstances, extent, and gravity of the violation to determine the gravity based penalty. Each individual component is given a score, based on a matrix. The penalty is then adjusted up or down based on factors such as history of prior violations, culpability, ability to pay, and such other matters as j ustice may require. The nature of all Reporting Rule violations is hazard assessments The circumstances reflect the possibility that harm will result from the violations while the extent of a violation depends on the extent of the potential harm.ssi... 

There are a few anachronisms in the 5 ERP to watch out for. The dollar values of the gravity based penalties are out of date because the maximum daily penalty has gone up from 25,000 to 37,500. ° To determine the correct penalties for violations occurring after January 12, 2009 each dollar value given in the 5 ERP must be multipKed by the ratio of the current maximum to the maximum in effect when the 5 ERP was written. That ratio is currently 37,500 divided by 25,000, or 1.5. For violations between January 31,1997 and March 15,2004, the gravity based penalties must be increased by a factor of 1.1. For violations between March 16, 2004 and January 12,2009 the gravity based penalties must be increased by a factor of 1.3. 

The EPA issued a Polychlorinated Biphenyls (PCB) Penalty Policy (PCB Penalty Policy) that follows the basic format and approach of the TSCA Civil Penalty Policy, which the EPA published in 1980. The PCB Penalty Policy categorizes all violations according to their nature, extent, and circumstances in order to determine a gravity based penalty. Then the gravity based penalty is adjusted upwards for factors such as prior history of violations, and downwards for factors such as cooperation with EPA and prompt self-reporting. 

All of the ERPs follow the format and approach of the TSCA Civil Penalty PoUcy, which the EPA published in 1980. Each begins by determining gravity based penalties, which are the presumptive penalties for each possible type of violation. Then they apply adjustment factors to increase or reduce the gravity based penalties based on circumstances specific to each company. 

If a company cannot pay the adjusted gravity based penalty and remain in business, the penalty may be reduced to keep the company viable. The EPA puts financial information from the company into a model called ABEL to determine the appropriate penalty in these situations. There are analogous models called INDIPAY and MUNIPAY for assessing individuals and municipalities ability to pay. ... 

The gravity of the violation is the primary consideration in determining penalty amounts. It is the basis for calculating the basic penalty for Serious and Other-Than-Serious violations. (Repeat and Willful violations can be based on the initial Serious or Other-Than-Serious gravity-based penalty but are multiplied by five to 10 times). 

After OSHA has determined the gravity and probability of a violation, a Gravity Based Penalty (GBP) is assessed. 

The determination of the actual civil penalties assessed in each proceeding is based on defined hmits or minimums (see Pine Amounts) and consideration of information available at the time the claim is made concerning the nature and gravity of the violation. 

The determination of the actual civil penalties assessed in each proceeding is based on the limits defined above and consideration of information available at the time the claim is made. This information includes the nature, circmnstances, extent, and gravity of the violation, and, with respect to the violator, the degree of crdpability, history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice and public safety may require. 

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