Sec. 312. Civil penalties
335 words·~2 min read·
/bill/113/s/665/is/section-312A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 17 (29 U.S.C. 666) is amended— in subsection (a)— by striking $70,000 and inserting $120,000 ; by striking $5,000 and inserting $8,000 ; and by adding at the end the following: In determining whether a violation is repeated, the Secretary or the Commission shall consider the employer’s history of violations under this Act and under State occupational safety and health plans established under section 18. If such a willful or repeated violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $250,000 for each such violation, but not less than $50,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $25,000 for each such violation. ; in subsection (b)— by striking $7,000 and inserting $12,000 ; and by adding at the end the following:
If such a violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $50,000 for each such violation, but not less than $20,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $10,000 for each such violation. ; in subsection (c), by striking $7,000 and inserting $12,000 ; in subsection (d), as amended by section 311(c), by striking $7,000 each place it occurs and inserting $12,000 ; by redesignating subsections
(e)through
(i)and
(j)through (l), as subsections
(f)through
(j)and
(l)through (n), respectively; and in subsection
(j)(as so redesignated) by striking $7,000 and inserting $12,000 . Section 17 ( 29 U.S.C. 666 ) is further amended by inserting after subsection
(d)the following: Amounts provided under this section for civil penalties shall be adjusted by the Secretary at least once during each 4-year period beginning January 1, 2015, to account for the percentage increase or decrease in the Consumer Price Index for all urban consumers during such period. .
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