Sec. 303. Correction of serious, willful, or repeated violations pending contest and procedures for a stay
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Section 10 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659 ) is amended by adding at the end the following: For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. The filing of a notice of contest by an employer shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated.
An employer that receives a citation alleging a violation designated as serious, willful, or repeated and that files a notice of contest to the citation asserting that the time set for abatement of the alleged violation is unreasonable or challenging the existence of the alleged violation may file with the Commission a motion to stay the period for the abatement of the violation. In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission may grant a stay only if the employer has demonstrated— a substantial likelihood of success on the areas contested under subparagraph (A); and that a stay will not adversely affect the health and safety of employees.
The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph
(A)on an expedited basis. At a minimum, such rules shall provide the following: That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer). That a decision of an administrative law judge on a motion for stay is rendered on a timely basis. That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge’s decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission. For notification to employees or representatives of affected employees of requests for such hearings, and to provide an opportunity for affected employees or representatives of affected employees to participate as parties to such hearings. . The Occupational Safety and Health Act of 1970 is amended— in the first sentence of section 10(b) ( 29 U.S.C. 659(b) ), by inserting , with the exception of violations designated as serious, willful, or repeated, after (which period shall not begin to run ; and in section 17 ( 29 U.S.C. 666 ) by striking subsection
(d)and inserting the following: Any employer who fails to correct a violation designated by the Secretary as serious, willful, or repeated and for which a citation has been issued under section 9(a) within the period permitted for its correction (and a stay has not been issued by the Commission under section 10(d)) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. Any employer who fails to correct any other violation for which a citation has been issued under section 9(a) of this title within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 10 initiated by the employer in good faith and not solely for delay of avoidance of penalties) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. . Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall adjust the maximum amounts described in subsection
(d)of section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as amended by paragraph (1)(B), so that each such amount equals the maximum amount of the civil penalty under such subsection (as in effect on the day before such date of enactment) as adjusted by section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. 2461 note). Subparagraph
(A)and the amendment made by this paragraph (1)(B) shall not be construed to affect the application of the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. 2461 note) to the civil penalty amount under section 17(d) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) for any adjustment under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. 2461 note) after the catch-up adjustment made by the Secretary of Labor under subparagraph (A).
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Sec. 303
Correction of serious, willful, or repeated violations pending contest and procedures for a stay
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