Effective 5/4/2022
34A-6-307. Civil and criminal penalties.
34A-6-307. Civil and criminal penalties.
- (1)
- (a) The commission may assess civil penalties against an employer who has received a citation under Section 34A-6-302 as follows:
- (i) except as provided in Subsections (1)(a)(ii) through (1)(a)(iv), the commission may assess up to $13,653 for each cited violation;
- (ii) the commission may not assess more than $13,653 for each cited serious violation;
- (iii) the commission may not assess less than $9,753 nor more than $136,532 for each cited willful violation;
- (iv) the commission may assess up to $136,532 for each cited violation if the employer has previously been found to have violated the same standards, code, rule, or order; and
- (v) after the expiration of the time permitted to an employer to correct a cited violation, the commission may assess up to $13,653 for each day the violation continues uncorrected.
- (b) For purposes of Subsection (1)(a)(ii), a violation is serious only if:
- (i) it arises from a condition, practice, method, operation, or process in the workplace of which 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, or process could result in death or serious physical harm.
- (a) The commission may assess civil penalties against an employer who has received a citation under Section 34A-6-302 as follows:
- (2) The commission may assess a civil penalty of up to $13,653 for each violation of a posting requirement under this chapter.
- (3) In deciding the amount to assess for a civil penalty, the commission shall consider all relevant 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) A civil penalty collected under this chapter shall be paid into the General Fund.
- (5)
- (a) Criminal penalties under this chapter are as follows:
- (i) an employer who willfully violates a standard, code, rule, or order issued under Section 34A-6-202, or a rule made under this chapter, is guilty of a class A misdemeanor if the violation caused the death of an employee;
- (ii) a person who gives advance notice of any inspection conducted under this chapter without authority from the administrator or the administrator’s representatives is guilty of a class A misdemeanor; and
- (iii) a person who knowingly makes a false statement, representation, or certification in an application, a record, a report, a plan, or another document filed or required to be maintained under this chapter is guilty of a class A misdemeanor.
- (b) For purposes of Subsection (5)(a)(i), if the violation causes the death of more than one employee, each death is considered a separate offense.
- (a) Criminal penalties under this chapter are as follows:
- (6)
- (a) After a citation issued under this chapter and an opportunity for a hearing under Title 63G, Chapter 4, Administrative Procedures Act, the division may file an abstract for any uncollected citation penalty in the district court.
- (b) The filed abstract described in Subsection (6)(a) shall have the effect of a judgment issued by that court.
- (c) The abstract described in Subsection (6)(a) shall state the amount of:
- (i) the uncollected citation penalty;
- (ii) reasonable attorney fees as set by commission rule; and
- (iii) court costs.
Amended by Chapter 333, 2022 General Session