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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