Civil penalties
Sec. 27.1. (a) The commissioner may assess the following civil
penalties:
(1) Any employer who has received a safety order for violation
of any standard, rule, or order not of a serious nature may be
assessed a civil penalty of up to seven thousand dollars ($7,000)
for each such violation.
(2) Any employer who has received a safety order for a serious
violation of any standard, rule, or order or this chapter may be
assessed a civil penalty of up to seven thousand dollars ($7,000)
for each such violation.
(3) Any employer who fails to correct a violation for which a
safety order has been issued within the period permitted may be
assessed a civil penalty of up to seven thousand dollars ($7,000)
for each day during which the failure or violation continues.
(4) Any employer who fails to comply with the posting
requirements in this chapter may be assessed a civil penalty of
up to seven thousand dollars ($7,000) for each violation.
(5) Any employer who repeatedly violates any standard, rule, or
order or this chapter may be assessed a civil penalty of up to
seventy thousand dollars ($70,000) for each violation.
(6) Any employer who knowingly violates any standard, rule,
order, or this chapter shall be assessed a civil penalty of not less
than five thousand dollars ($5,000) for each violation and may
be assessed a civil penalty of up to seventy thousand dollars
($70,000) for each violation.
(b) For purposes of this section, a serious violation exists 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 the place of
employment, unless the employer did not know and could not, with
the exercise of reasonable diligence, have known of the presence of
the violation.
(Formerly: Acts 1973, P.L.241, SEC.26.) As amended by Acts 1978,
P.L.2, SEC.2233; P.L.170-1991, SEC.25.
Last modified: May 27, 2006