Sec. 707. Criminal penalties
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Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) (as amended by sections 705 and 706) is further amended— by amending subsection
(f)to read as follows: Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or of any regulation prescribed under this Act, and that violation caused or 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 (i), punishment shall be by a fine in accordance 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, any officer or director. ; in subsection (g), by striking fine of not more than $1,000 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 2 years, ; in subsection (h), 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, ; by redesignating subsections
(j)through
(m)as subsections
(k)through (n), respectively; and by inserting after subsection
(i)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 causes or contributes 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, 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 of such Act ( 29 U.S.C. 666 ) (as amended by this Act) 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. 707
Criminal penalties
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