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, or order or this chapter, where any such violation cannot reasonably be determined to have contributed to an employee fatality, 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.
(7) An employer who knowingly violates any standard, rule, or order or this chapter, where any such violation can reasonably be determined to have contributed to an employee fatality, shall be assessed a civil penalty of not less than nine thousand four hundred seventy-two dollars ($9,472) for each violation and may be assessed a civil penalty of up to one hundred thirty-two thousand five hundred ninety-eight dollars ($132,598) 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; P.L.84-2019, SEC.1.
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