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CITE

    29 USC Sec. 666                                             01/05/2009

EXPCITE

    TITLE 29 - LABOR
    CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH

HEAD

    Sec. 666. Civil and criminal penalties

STATUTE

    (a) Willful or repeated violation
      Any employer who willfully or repeatedly violates the
    requirements of section 654 of this title, any standard, rule, or
    order promulgated pursuant to section 655 of this title, or
    regulations prescribed pursuant to this chapter may be assessed a
    civil penalty of not more than $70,000 for each violation, but not
    less than $5,000 for each willful violation.
    (b) Citation for serious violation
      Any employer who has received a citation for a serious violation
    of the requirements of section 654 of this title, of any standard,
    rule, or order promulgated pursuant to section 655 of this title,
    or of any regulations prescribed pursuant to this chapter, shall be
    assessed a civil penalty of up to $7,000 for each such violation.
    (c) Citation for violation determined not serious
      Any employer who has received a citation for a violation of the
    requirements of section 654 of this title, of any standard, rule,
    or order promulgated pursuant to section 655 of this title, or of
    regulations prescribed pursuant to this chapter, and such violation
    is specifically determined not to be of a serious nature, may be
    assessed a civil penalty of up to $7,000 for each such violation.
    (d) Failure to correct violation
      Any employer who fails to correct a violation for which a
    citation has been issued under section 658(a) of this title within
    the period permitted for its correction (which period shall not
    begin to run until the date of the final order of the Commission in
    the case of any review proceeding under section 659 of this title
    initiated by the employer in good faith and not solely for delay or
    avoidance of penalties), may be assessed a civil penalty of not
    more than $7,000 for each day during which such failure or
    violation continues.
    (e) Willful violation causing death to employee
      Any employer who willfully violates any standard, rule, or order
    promulgated pursuant to section 655 of this title, or of any
    regulations prescribed pursuant to this chapter, and that violation
    caused death to any employee, shall, upon conviction, be punished
    by a fine of not more than $10,000 or by imprisonment for not more
    than six months, or by both; except that if the conviction is for a
    violation committed after a first conviction of such person,
    punishment shall be by a fine of not more than $20,000 or by
    imprisonment for not more than one year, or by both.
    (f) Giving advance notice of inspection
      Any person who gives advance notice of any inspection to be
    conducted under this chapter, without authority from the Secretary
    or his designees, shall, upon conviction, be punished by a fine of
    not more than $1,000 or by imprisonment for not more than six
    months, or by both.
    (g) False statements, representations or certification
      Whoever knowingly makes any false statement, representation, or
    certification in any application, record, report, plan, or other
    document filed or required to be maintained pursuant to this
    chapter shall, upon conviction, be punished by a fine of not more
    than $10,000, or by imprisonment for not more than six months, or
    by both.
    (h) Omitted
    (i) Violation of posting requirements
      Any employer who violates any of the posting requirements, as
    prescribed under the provisions of this chapter, shall be assessed
    a civil penalty of up to $7,000 for each violation.
    (j) Authority of Commission to assess civil penalties
      The Commission shall have authority to assess all civil penalties
    provided in this section, giving due consideration to the
    appropriateness of the penalty with respect to the size of the
    business of the employer being charged, the gravity of the
    violation, the good faith of the employer, and the history of
    previous violations.
    (k) Determination of serious violation
      For purposes of this section, a serious violation shall be deemed
    to exist in a place of employment if there is a substantial
    probability that death or serious physical harm could result from a
    condition which exists, or from one or more practices, means,
    methods, operations, or processes which have been adopted or are in
    use, in such place of employment unless the employer did not, and
    could not with the exercise of reasonable diligence, know of the
    presence of the violation.
    (l) Procedure for payment of civil penalties
      Civil penalties owed under this chapter shall be paid to the
    Secretary for deposit into the Treasury of the United States and
    shall accrue to the United States and may be recovered in a civil
    action in the name of the United States brought in the United
    States district court for the district where the violation is
    alleged to have occurred or where the employer has its principal
    office.

SOURCE

    (Pub. L. 91-596, Sec. 17, Dec. 29, 1970, 84 Stat. 1606, 1607; Pub.
    L. 101-508, title III, Sec. 3101, Nov. 5, 1990, 104 Stat. 1388-29.)

CODIFICATION

      Subsec. (h) of this section amended section 1114 of Title 18,
    Crimes and Criminal Procedure, and enacted note set out thereunder.

AMENDMENTS

      1990 - Subsec. (a). Pub. L. 101-508, Sec. 3101(1), substituted
    "$70,000 for each violation, but not less than $5,000 for each
    willful violation" for "$10,000 for each violation".
      Subsecs. (b) to (d), (i). Pub. L. 101-508, Sec. 3101(2),
    substituted "$7,000" for "$1,000".
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