29 U.S.C. § 666 — Civil and criminal penalties

Page 179 TITLE 29—LABOR § 667 (Pub. L. 91–596, § 16, Dec. 29, 1970, 84 Stat. 1606.) § 666. Civil and criminal penalties (a) Willful or repeated violation Any employer who willfully or repeatedly vio- lates the requirements of section 654 of this title, any standard, rule, or order promulgated pursuant to section 655 of this title, or regula- tions 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 sec- tion 654 of this title, of any standard, rule, or order promulgated pursuant to section 655 of this title, or of any regulations prescribed pur- suant 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 promul- gated 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 sec- tion 658(a) of this title within the period per- mitted 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 pro- ceeding under section 659 of this title initiated by the employer in good faith and not solely for delay or avoidance of penalties), may be as- sessed 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 des- ignees, 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 certifi- cation Whoever knowingly makes any false state- ment, representation, or certification in any ap- plication, record, report, plan, or other docu- ment filed or required to be maintained pursu- ant 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 pen- alties The Commission shall have authority to as- sess 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 viola- tion shall be deemed to exist in a place of em- ployment 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 em- ployer 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, § 17, Dec. 29, 1970, 84 Stat. 1606, 1607; Pub. L. 101–508, title III, § 3101, Nov. 5, 1990, 104 Stat. 1388–29.) Editorial Notes 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, § 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, § 3101(2), sub- stituted ‘‘$7,000’’ for ‘‘$1,000’’. § 667. State jurisdiction and plans (a) Assertion of State standards in absence of ap- plicable Federal standards Nothing in this chapter shall prevent any State agency or court from asserting jurisdic- tion under State law over any occupational safe-