Sec. 313. Criminal penalties
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Section 17 (29 U.S.C. 666) (as amended by section 312) is further amended— by amending subsection
(f)(as redesignated by section 312) to read as follows: Any employer who knowingly violates any standard, rule, or order promulgated under section 6 of this Act, or of any regulation prescribed under this Act, and that violation caused or significantly contributed to the death of any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, or by imprisonment for not more than 10 years, or both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (j), punishment shall be by a fine in accordance with title 18, United States Code, or by imprisonment for not more than 20 years, or by both. For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3 of this Act, any officer or director. ; by amending subsection
(g)(as redesignated by section 312) to read as follows: Unless otherwise authorized by this Act, any person that knowingly gives, causes to give, or attempts to give or cause to give, advance notice of any inspection conducted under this Act with the intention of impeding, interfering with, or adversely affecting the results of such inspection, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. ; in subsection
(h)(as redesignated by section 312), by striking fine of not more than $10,000, or by imprisonment for not more than six months, and inserting fine in accordance with title 18, United States Code, or by imprisonment for not more than 5 years, ; and by inserting after subsection
(j)(as redesignated by section 312) the following: Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation caused or significantly contributed to serious bodily harm to any employee but does not cause death to any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, or by imprisonment for not more than 5 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (e), punishment shall be by a fine in accordance with title 18, United States Code, or by imprisonment for not more than 10 years, or by both. For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3 of this Act, any officer or director. For purposes of this subsection, the term serious bodily harm means bodily injury or illness that involves— a substantial risk of death; protracted unconsciousness; protracted and obvious physical disfigurement; or protracted loss or impairment, either temporary or permanent, of the function of a bodily member, organ, or mental faculty. . Section 17 is further amended by adding at the end the following: Nothing in this Act shall preclude a State or local law enforcement agency from conducting criminal prosecutions in accordance with the laws of such State or locality. .
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Sec. 313
Criminal penalties
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