1994 U.S. Code
Title 29 - LABOR
CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH
Sec. 666 - Civil and criminal penalties
View MetadataPublication Title | United States Code, 1994 Edition, Title 29 - LABOR |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 29 - LABOR CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH Sec. 666 - Civil and criminal penalties |
Contains | section 666 |
Date | 1994 |
Laws in Effect as of Date | January 4, 1995 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-596, §17, Dec. 29, 1970, 84 Stat. 1606, 1607; Pub. L. 101-508, title III, §3101, Nov. 5, 1990, 104 Stat. 1388-29. |
Statutes at Large References | 84 Stat. 1606 104 Stat. 1388-29 |
Public Law References | Public Law 91-596, Public Law 101-508 |
§666. Civil and criminal penalties (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 ,000 for each violation, but not less than ,000 for each willful violation.
(b) Citation for serious violationAny 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 ,000 for each such violation.
(c) Citation for violation determined not seriousAny 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 ,000 for each such violation.
(d) Failure to correct violationAny 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 ,000 for each day during which such failure or violation continues.
(e) Willful violation causing death to employeeAny 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 ,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 ,000 or by imprisonment for not more than one year, or by both.
(f) Giving advance notice of inspectionAny 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 ,000 or by imprisonment for not more than six months, or by both.
(g) False statements, representations or certificationWhoever 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 ,000, or by imprisonment for not more than six months, or by both.
(h) Omitted (i) Violation of posting requirementsAny 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 ,000 for each violation.
(j) Authority of Commission to assess civil penaltiesThe 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 violationFor 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 penaltiesCivil penalties owned 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.
(Pub. L. 91–596, §17, Dec. 29, 1970, 84 Stat. 1606, 1607; Pub. L. 101–508, title III, §3101, Nov. 5, 1990, 104 Stat. 1388–29.)
CodificationSubsec. (h) of this section amended section 1114 of Title 18, Crimes and Criminal Procedure, and enacted note set out thereunder.
Amendments1990—Subsec. (a). Pub. L. 101–508, §3101(1), substituted “,000 for each violation, but not less than ,000 for each willful violation” for “,000 for each violation”.
Subsecs. (b) to (d), (i). Pub. L. 101–508, §3101(2), substituted “,000” for “,000”.
Section Referred to in Other SectionsThis section is referred to in sections 659, 660, 667 of this title.
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