34A-6-307 - Civil and criminal penalties.
34A-6-307. Civil and criminal penalties.
(1) The commission may assess civil penalties against any employer who has received acitation under Section 34A-6-302 as follows:
(a) Except as provided in Subsections (1)(b) through (d), the commission may assess upto $7,000 for each cited violation.
(b) The commission may not assess less than $250 nor more than $7,000 for each citedserious violation. A violation is serious only if:
(i) it arises from a condition, practice, method, operation, or process in the workplace ofwhich the employer knows or should know through the exercise of reasonable diligence; and
(ii) there is a substantial possibility that the condition, practice, method, operation, orprocess could result in death or serious physical harm.
(c) The commission may not assess less than $5,000 nor more than $70,000 for eachcited willful violation.
(d) The commission may assess up to $70,000 for each cited violation if the employerhas previously been found to have violated the same standards, code, rule, or order.
(e) After the expiration of the time permitted to an employer to correct a cited violation,the commission may assess up to $7,000 for each day the violation continues uncorrected.
(2) The commission may assess a civil penalty of up to $7,000 for each violation of anyposting requirement under this chapter.
(3) In deciding the amount to assess for a civil penalty, the commission shall consider allrelevant factors, including:
(a) the size of the employer's business;
(b) the nature of the violation;
(c) the employer's good faith or lack of good faith; and
(d) the employer's previous record of compliance or noncompliance with this chapter.
(4) Any civil penalty collected under this chapter shall be paid into the General Fund.
(5) Criminal penalties under this chapter are as follows:
(a) Any employer who willfully violates any standard, code, rule, or order issued underSection 34A-6-202, or any rule made under this chapter, is guilty of a class A misdemeanor if theviolation caused the death of an employee. If the violation causes the death of more than oneemployee, each death is considered a separate offense.
(b) Any person who gives advance notice of any inspection conducted under this chapterwithout authority from the administrator or the administrator's representatives is guilty of a classA misdemeanor.
(c) Any person who knowingly makes a false statement, representation, or certification inany application, record, report, plan, or other document filed or required to be maintained underthis chapter is guilty of a class A misdemeanor.
(6) After a citation issued under this chapter and an opportunity for a hearing under Title63G, Chapter 4, Administrative Procedures Act, the division may file an abstract for anyuncollected citation penalty in the district court. The filed abstract shall have the effect of ajudgment of that court. The abstract shall state the amount of the uncollected citation penalty,reasonable attorneys' fees as set by commission rule, and court costs.
Amended by Chapter 382, 2008 General Session