Sec. 102. Enhancing criminal penalties
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Section 16(a) of the Fair Labor Standards Act ( 29 U.S.C. 216(a) ) is amended— by striking the first word and inserting the following: Criminal penalties .— Except as provided in paragraph 2, any ; by striking the word subsection each place it appears and inserting the word paragraph ; and by adding at the end the following: Any person who knowingly or willfully violates section 15(a)(4) of this Act and thereby negligently places an employee employed in violation of such section in imminent danger of death or serious bodily injury shall be punished by a fine under title 18, United States Code, or by imprisonment for not more than 1 year, or both.
If a conviction of any person under this subparagraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. Any person who knowingly or willfully violates section 15(a)(4) of this Act and thereby knowingly places an employee employed in violation of such section in imminent danger of death or serious bodily injury shall be punished by a fine under title 18, United States Code, or by imprisonment of not more than 15 years, or both.
Any person, other than an individual, committing such violation shall, upon conviction under this subparagraph, be subject to a fine of not more than $5,000,000 for each violation. If a conviction of any person under this subparagraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. Any person who knowingly or willfully violates section 15(a)(4) of this Act and thereby knowingly places an employee employed in violation of such section in imminent danger of death or serious bodily injury, and such violation results in the death of a child, shall be punished by a fine under title 18, United States Code, and imprisonment for any term of years or for life.
Any person, other than an individual, committing such violation shall, upon conviction under this subparagraph, be subject to a fine of not more than $10,000,000 for each violation. If a conviction of any person under this subparagraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. . Section 17(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(b) ), as so amended and redesignated by this Act, is further amended— in paragraph (1), by striking of not more and all that follows and inserting under title 18, imprisonment for not more than 5 years, or both.
If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. ; currently 17(f) in paragraph (2), by striking of not more and all that follows and inserting under title 18, imprisonment for not more than 5 years, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. ; and currently 17(g) by amending paragraph
(4)to read as follows: Any employer who negligently violates any standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act, and thereby negligently places an employee in imminent danger of death or serious bodily injury, shall be punished by a fine under title 18, United States Code, imprisonment for not more than one year, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. Any employer who knowingly or willfully violates any standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act, and in so doing places an employee in imminent danger of death or serious bodily injury, shall be punished by a fine under title 18, United States Code, imprisonment for not more than 15 years, or both. Any person, other than an individual, committing such violation shall, upon conviction under this paragraph, be subject to a fine of not more than $5,000,000 for each violation. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. Any employer who knowingly or willfully violates any standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act, and such violation causes the death of an employee, shall be punished by a fine under title 18, United States Code, and imprisonment for any term of years or for life. Any person, other than an individual, committing such violation shall, upon conviction under this paragraph, be subject to a fine of not more than $10,000,000 for each violation. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. The maximum punishment otherwise prescribed by paragraph 4 shall be doubled with respect to both the fine and imprisonment for each violation that puts an employee under the age of 18 in imminent danger of death or serious bodily injury or causes the death of such employee, as the case may be. . currently 17(e)
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