Amends TCA Title 4 and Title 50.
Under present law, the Occupational Safety and Health Act of 1972 authorizes civil penalties for the violation of certain requirements and standards of an employer including: (1) Employer having knowledge of conditions endangering health or safety and the conditions have not been corrected, with a penalty of up to $7,000; (2) Employer failing to correct violations of standard or regulation, with a penalty of up to $7,000; (3) Nonserious violation, with a penalty of up to $7,000; (4) Willful or repeat violation, with a penalty of up to $70,000; (5) Violation of posting requirements, with a penalty of up to $7,000. This bill revises the above penalties for violations of the Occupational Safety and Health Act of 1972 such that a fine associated with a violation will be "in accordance with 29 U.S.C. section 666, as adjusted annually by the Federal Civil Penalties Inflation Adjustment Act of Improvements Act of 2015." That federal law section provides for penalties such as the following: for willful or repeated violations of failing to keep the workplace free of hazards, a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation; and for serious violations, a penalty of up to $7,000. Under present law, a person commits a Class C misdemeanor when a person, without proper authorization, gives advance notice of any inspection for workplace safety. This bill increases the penalty for a violation from a Class C to a Class B misdemeanor, punishable by up to six months imprisonment, a fine up to $1,000, or both. Under present law, a person commits a Class C misdemeanor when a person knowingly makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be filed or maintained. This bill increases the penalty from a Class C misdemeanor to a Class B misdemeanor, punishable by up to six months imprisonment, a fine of up to $10,000, or both. Under present law, an employer who willfully violates any occupational safety or health standard adopted by the commissioner of labor and workforce development, and that violation causes the death of an employee commits a Class A misdemeanor. This bill revises the offense such that, an initial violation will be a Class B misdemeanor, punishable by up to six months imprisonment, a fine of up to $10,000, or both; and a second or subsequent violation will be a Class A misdemeanor, punishable by up to 11 months and 29 days imprisonment, a fine up to $20,000, or both.
Under present law, the Occupational Safety and Health Act of 1972 authorizes civil penalties for the violation of certain requirements and standards of an employer including: (1) Employer having knowledge of conditions endangering health or safety and the conditions have not been corrected, with a penalty of up to $7,000; (2) Employer failing to correct violations of standard or regulation, with a penalty of up to $7,000; (3) Nonserious violation, with a penalty of up to $7,000; (4) Willful or repeat violation, with a penalty of up to $70,000; (5) Violation of posting requirements, with a penalty of up to $7,000. This bill revises the above penalties for violations of the Occupational Safety and Health Act of 1972 such that a fine associated with a violation will be "in accordance with 29 U.S.C. section 666, as adjusted annually by the Federal Civil Penalties Inflation Adjustment Act of Improvements Act of 2015." That federal law section provides for penalties such as the following: for willful or repeated violations of failing to keep the workplace free of hazards, a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation; and for serious violations, a penalty of up to $7,000. Under present law, a person commits a Class C misdemeanor when a person, without proper authorization, gives advance notice of any inspection for workplace safety. This bill increases the penalty for a violation from a Class C to a Class B misdemeanor, punishable by up to six months imprisonment, a fine up to $1,000, or both. Under present law, a person commits a Class C misdemeanor when a person knowingly makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be filed or maintained. This bill increases the penalty from a Class C misdemeanor to a Class B misdemeanor, punishable by up to six months imprisonment, a fine of up to $10,000, or both. Under present law, an employer who willfully violates any occupational safety or health standard adopted by the commissioner of labor and workforce development, and that violation causes the death of an employee commits a Class A misdemeanor. This bill revises the offense such that, an initial violation will be a Class B misdemeanor, punishable by up to six months imprisonment, a fine of up to $10,000, or both; and a second or subsequent violation will be a Class A misdemeanor, punishable by up to 11 months and 29 days imprisonment, a fine up to $20,000, or both.
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