Sec. 351. Civil penalties

376 words·~2 min read·/bill/117/hr/2876/ih/section-351

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Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) is further amended— in subsection (a)— by striking $70,000 and inserting $136,532 ; by striking $5,000 and inserting $9,753 ; 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 $13,653 ; 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 $13,653 ; in subsection (d), as amended by section 344(c), by striking $7,000 each place it occurs and inserting $13,653 ; by redesignating subsections

(e)through

(i)and subsections

(j)through (l), as subsections

(f)through

(j)and subsections

(l)through (n), respectively; and in subsection

(j)(as so redesignated) by striking $7,000 and inserting $13,653 . Section 17 of such Act ( 29 U.S.C. 666 ), as amended by subsection (a), is further amended by inserting after subsection

(d)the following: Amounts provided under this section for civil penalties shall be adjusted by the Secretary once each year, not later than January 15 of such year, to account for the percentage increase or decrease in the Consumer Price Index for all urban consumers during such period, consistent with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. 2461 note). .

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29 USC 666
28 USC 2461

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Sec. 351

Civil penalties

Cite29 USC 666

Cite28 USC 2461

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