§ 666. — Civil and criminal penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC666]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 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 $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.
(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''.
Section Referred to in Other Sections
This section is referred to in sections 659, 660, 667 of this title.
