§ 666. Civil and criminal penalties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Occupational Safety and Health Act of 1970

   Pub. L. 91–596 § 17 · 84 Stat. 1590

   Enacted · 29 U.S.C. § 666

   Pub. L. 91–596, § 17, Dec. 29, 1970, 84 Stat. 1606, 1607

   Source evidence

   Code source credit
   Pub. L. 91–596, § 17, Dec. 29, 1970, 84 Stat. 1606, 1607

   Enacted provision · exact public law section
   Sec. 17. penalties (a) Any employer who willfully or repeatedly violates the requirements of section 5 of this Act, any standard, rule, or order promulgated pursuant to section 6 of this Act, or regulations prescribed pursuant to this Act, may be assessed a civil penalty of not more t inn $10,000 for each violation. (b) Any employer who has received a citation for a serious violation of the requirements of section 5 of this Act, of any standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed pursuant to this Act, shall lie assessed a civil penalty of up to $1,000 for each such violation. (c) Any employer who has received a citation for a violation of the requirements of section 5 of this Act, of any standard, rule, or order promulgated pursuant to section 6 of this Act, or of regulations prescribed pursuant to this Act, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to $1,000 for each such violation. (d) Any employer who fails to correct a violation for which a citation has been issued under section 9(a) 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 or avoidance of penalties), may be assessed a civil penalty of not more than $1,000 for each day during which such failure or violation continues. (e) Any employer who 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 that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than $20,000 or by imprisonment for not more than one year, or by both. (f) Any person who gives advance notice of any inspection to be conducted under this Act, without, authority from the Secretary or his designees, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both. (g) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant Io this Act shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. (h) (1) Section 1114 of title 18, United States Code, is hereby 65 Stat. 721; 79 Stat. 234. amended by striking out “designated by the Secretary of Health, Education, and Welfare to conduct investigations, or inspections under the Federal Food, Drug, and Cosmetic Act” and inserting in lien thereof “or of the Department of Labor assigned to perform investigative, inspection, or law enforcement functions”. (2) Notwithstanding the provisions of sections 1111 and 1114 of title 18, United States Code, whoever, in violation of the provisions 62 Stat. 756, of section 1114 of such title, kills a person while engaged in or on account of the performance of investigative, inspection, or law enforcement functions added to such section 1114 by paragraph (1) of this subsection, and who would otherwise be subject to the penalty provisions of such section 1111, shall be punished by imprisonment for any term of years or for life. (i) Any employer who violates any of the posting requirements as prescribed under the provisions of this Act, shall be assessed a civil penalty of Up to $1,000 for each violation. (j) The Commission shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations. (k) For purposes of 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 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. (l) Civil penalties owed under this Act shall be paid to the Secretary for deposit into the Treasury of the United States and shall accrue to the United States and may be recovered in a civil action in the name of the United States brought in the United States district court, for the district where the violation is alleged to have occurred or where the employer has its principal office.

2. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 3101(1) · 104 Stat. 1388

   Substituted · 29 U.S.C. § 666(a)

   Pub. L. 101–508, § 3101(1), substituted “$70,000 for each violation, but not less than $5,000 for each willful violation” for “$10,000 for each violation”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–508, § 3101(1), substituted “$70,000 for each violation, but not less than $5,000 for each willful violation” for “$10,000 for each violation”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “$10,000 for each violation” and inserting “$70,000 for each violation, but not less than $5,000 for each willful violation; 11So in original. Probably should be “violation”; ”. and

3. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 3101(2) · 104 Stat. 1388

   Substituted · 29 U.S.C. § 666(b)(d)(i)

   Pub. L. 101–508, § 3101(2), substituted “$7,000” for “$1,000”

   Source evidence

   Code amendment note
   Subsecs. (b) to (d), (i). Pub. L. 101–508, § 3101(2), substituted “$7,000” for “$1,000”.

   Enacted provision · exact public law section
   (2) in subsections (b), (c), (d), and (i), by striking “$1,000” and inserting “$7,000”.

3 of 3 references resolved to an enrolled provision