23-418

23-418. Penalties; violation;
classification

A. Any employer who wilfully or repeatedly violates the requirements of section
23-403 or any standard or regulation adopted pursuant to section 23-410 or 23-414 or any
provision of this article may be assessed a civil penalty of not more than seventy
thousand dollars for each violation, but not less than five thousand dollars for each
wilful violation.

B. Any employer who has received a citation for a serious violation of any
provision of this article shall be assessed a civil penalty of up to seven thousand
dollars for each such violation.

C. Any employer who has received a citation for a non-serious violation of any
provision of this article may be assessed a civil penalty of up to seven thousand dollars
for each such violation.

D. Any employer who fails to correct a violation for which a citation has been
issued within the abatement period permitted for its correction, which period shall be
suspended in case of a review proceeding before an administrative law judge or the review
board initiated by the employer in good faith and not solely for delay or avoidance of
penalties, may be assessed a civil penalty of not more than seven thousand dollars for
each day during which such failure or violation continues after the abatement date.

E. Any employer who knowingly violates the requirements of section 23-403 or any
standard or regulation adopted pursuant to section 23-410 or 23-414 or any provision of
this article and that violation causes death to an employee is guilty of a class 6
felony, except that if the conviction is for a second or subsequent violation the
employer is guilty of a class 5 felony.

F. Any person who knowingly gives advance notice of any inspection to be conducted
under this article without authority from the director is guilty of a class 2
misdemeanor.

G. Whoever knowingly makes any false statement, representation or certification in
any application, record, report, plan or other document filed or required to be
maintained pursuant to this article is guilty of a class 2 misdemeanor.

H. Any employer who violates any of the posting requirements of this article shall
be assessed a civil penalty of up to seven thousand dollars for each violation.

I. The commission shall have authority to assess all civil penalties provided in
this section, giving due consideration to the appropriateness of the penalty with respect
to the gravity of the violation, the number of employees employed by the employer, the
good faith of the employer and the history of previous violations under this article.

J. Civil penalties owed under this article shall be paid to the commission for
deposit in the state general fund. After an order or decision on a civil penalty becomes
final pursuant to section 23-417, 23-421 or 23-423, the civil penalty shall act as a
judgment against the employer. The commission shall file the civil penalty in the office
of the clerk of the superior court in any county in this state and the clerk shall enter
the civil penalty in the civil order book and judgment docket. When the civil penalty is
filed and entered it is a lien for eight years from the date of the final order or
decision on the property of the employer located in the county. Execution may issue on
the civil penalty within eight years in the same manner and with like effect as a
judgment of the superior court. The civil penalty judgment shall accrue interest
pursuant to section 44-1201. The commission may recover reasonable attorney fees
incurred pursuant to this section.