§666 Civil and criminal penalties

Summary

Employers can be fined or jailed for breaking workplace safety rules. If an employer willfully or repeatedly breaks the rules, they can be fined up to $70,000 for each violation, and at least $5,000 for each willful violation. A serious or non-serious citation can carry up to $7,000 per violation. If a cited violation is not fixed in the time allowed, the employer can be fined up to $7,000 for each day it continues. Failing to put up required workplace notices can also lead to fines up to $7,000. The agency that assesses penalties must consider the size of the business, how bad the violation was, whether the employer acted in good faith, and the employer’s history of violations. If a willful rule violation causes an employee’s death, the employer can face criminal punishment: a fine up to $10,000 or up to six months in jail, or both; after a prior conviction, the fine can be up to $20,000 or up to one year in jail, or both. Giving advance notice of an inspection without permission can lead to a fine up to $1,000 or up to six months in jail, or both. Knowingly making false statements in required records or reports can lead to a fine up to $10,000 or up to six months in jail, or both. Serious violation means a workplace danger that is likely to cause death or serious injury unless the employer could not have known about it with reasonable care. Money collected goes to the U.S. Treasury and can be collected in federal court where the violation happened or where the employer’s main office is.