338.991 Penalties.

625 words·~3 min read·/ky/chapter-338/338-991

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any employer who willfully or repeatedly violates the requirement of any section

of this chapter, including any standard, regulation, or order promulgated pursuant to

this chapter, may be assessed a civil penalty of up to seventy thousand dollars

($70,000) for each violation, but not less than five thousand dollars ($5,000) for

each willful violation.

(2)Any employer who has received a citation for a serious violation of the

requirements of any section of this chapter, including any standard, regulation, or

order promulgated pursuant to this chapter, shall be assessed a civil penalty of up to

seven thousand dollars ($7,000) for each violation.

(3)Any employer who has received a citation for a violation of the requirements of any

section of this chapter, including any standard, regulation, or order promulgated

pursuant to this chapter, and such violation is specifically determined not to be of a

serious nature, may be assessed a civil penalty of up to seven thousand dollars

($7,000) for each violation.

(4)Any employer who receives a notice of a de minimis violation of any section of this

chapter, including any standard, administrative regulation, or order promulgated

pursuant to this chapter, shall not be assessed a civil penalty. As used in this

subsection, a de minimis violation is a violation that has no direct or immediate

relationship to safety or health.

(5)Any employer who fails to correct a violation for which a citation has been issued

within the period permitted for its correction may be assessed a civil penalty of up

to seven thousand dollars ($7,000) for each day during which such failure or

violation continues.

(6)Any employer found to be in violation of subsection

(3)of KRS 338.121 shall be

assessed a civil penalty of up to ten thousand dollars ($10,000) for each violation.

(7)The review commission shall have the authority to modify all civil penalties and

fines provided for in this chapter. The review commission may, at its discretion,

suspend the time period allotted for correction of a violation during the review of an

appeal from the violation in question.

(8)All civil penalties and fines collected under the provision of this chapter shall be

paid into the general fund.

(9)Any employer or individual who knowingly makes any false statement,

representation, or certification in any application, record, report, plan, or other

document filed or required to be maintained pursuant to this chapter shall, upon

conviction, be punished by a fine of not more than ten thousand dollars ($10,000),

or by imprisonment for not more than six

(6)months, or by both.

(10)Any person who gives advance notice of any investigation or inspection to be

conducted under this chapter, without authority from the commissioner, shall, upon

conviction, be punished by a fine of not more than one thousand dollars ($1,000), or

by imprisonment for not more than six

(6)months, or by both.

(11)Any employer or individual who willfully causes bodily harm to any authorized

representative of the commissioner while attempting to conduct an investigation or

inspection under the provisions of this chapter, shall, upon conviction, be punished

by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for

not more than one

(1)year, or by both.

(12)As used in this section, a serious violation shall be deemed to exist in a place of

employment if there is a substantial probability that death or serious physical harm

could result from a condition which exists, or from one

(1)or more practices,

means, methods, operations, or processes which have been adopted or are in use, in

such place of employment unless the employer did not, and could not with the

exercise of reasonable diligence, know of the presence of the violation.