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California Labor Code Section 6425

Legal Research Home > California Laws > Labor Code > California Labor Code Section 6425

6425.  (a) Any employer and any employee having direction,
management, control, or custody of any employment, place of
employment, or of any other employee, who willfully violates any
occupational safety or health standard, order, or special order, or
Section 25910 of the Health and Safety Code, and that violation
caused death to any employee, or caused permanent or prolonged
impairment of the body of any employee, is guilty of a public offense
punishable by imprisonment in a county jail for a term not exceeding
one year, or by a fine not exceeding one hundred thousand dollars
($100,000), or by both that imprisonment and fine; or by imprisonment
in the state prison for 16 months, or two or three years, or by a
fine of not more than two hundred fifty thousand dollars ($250,000),
or by both that imprisonment and fine; and in either case, if the
defendant is a corporation or a limited liability company, the fine
may not exceed one million five hundred thousand dollars
($1,500,000).
   (b) If the conviction is for a violation committed within seven
years after a conviction under subdivision (b), (c), or (d) of
Section 6423 or subdivision (c) of Section 6430, punishment shall be
by imprisonment in state prison for a term of 16 months, two, or
three years, or by a fine not exceeding two hundred fifty thousand
dollars ($250,000), or by both that fine and imprisonment, but if the
defendant is a corporation or limited liability company, the fine
may not be less than five hundred thousand dollars ($500,000) or more
than two million five hundred thousand dollars ($2,500,000).
   (c) If the conviction is for a violation committed within seven
years after a first conviction of the defendant for any crime
involving a violation of subdivision (a), punishment shall be by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for two, three, or four years, or by a fine not exceeding two
hundred fifty thousand dollars ($250,000), or by both that fine and
imprisonment, but if the defendant is a corporation or a limited
liability company, the fine shall not be less than one million
dollars ($1,000,000) but may not exceed three million five hundred
thousand dollars ($3,500,000).
   (d) In determining the amount of fine to be imposed under this
section, the court shall consider all relevant circumstances,
including, but not limited to, the nature, circumstance, extent, and
gravity of the violation, any prior history of violations by the
defendant, the ability of the defendant to pay, and any other matters
the court determines the interests of justice require.
   (e) As used in this section, "willfully" has the same definition
as it has in Section 7 of the Penal Code. This subdivision is
intended to be a codification of existing law.
   (f) This section does not prohibit a prosecution under Section 192
of the Penal Code.
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Last modified: March 17, 2014