§396-10  Violations and penalties.  (a) Any employer who violates this chapter, or any occupational safety and healthstandard promulgated hereunder or any rule or regulation issued under theauthority of this chapter, or who violates or fails to comply with anycitation, notice or order made under or by virtue of this chapter or under orby virtue of any rule or regulation of the department, or who defaces,displaces, destroys, damages, or removes without the authority of thedepartment any safety device, safeguards, notice or warning required by thischapter or any rule or regulation of the department may be assessed a civilpenalty as specified in this chapter.

(b)  Any employer who has received an order orcitation for a serious violation of any standard or rule adopted pursuant tothis chapter shall be assessed a civil penalty of not more than $7,000 for eachviolation.

(c)  Any employer who has received an order orcitation for a violation of any standard or rule adopted pursuant to thischapter, and the violation is specifically determined not to be of a seriousnature, may be assessed a civil penalty of up to $7,000 for each violation.

(d)  Each day a violation continues shallconstitute a separate violation except that during an abatement period only, noadditional penalty shall be levied against the employer.

(e)  Any employer who violates any of theposting requirements prescribed under this chapter shall be assessed a civilpenalty of up to $7,000 for each violation.

(f)  Any employer who wilfully or repeatedlyviolates this chapter, or any standard, rule, citation, or order issued underthe authority of this chapter, shall be assessed a civil penalty of not lessthan $5,000 nor more than $70,000 for each violation.

(g)  Any employer convicted of wilful orrepeated violation of any standard, rule, citation, or order issued underauthority of this chapter resulting in the death of an employee shall bepunished by a fine of not more than $70,000 or by imprisonment for not morethan six months or both, except that if the conviction is for a violationcommitted after a first conviction, punishment shall be by a fine of not morethan $70,000 or by imprisonment for not more than one year or both.  Failure tocorrect a violation for which an order or citation of arrest has been issuedshall be evidence of wilful conduct.

(h)  Any employer who has received an order forviolation under section 396-8(e) may be assessed a civil penalty of not morethan $1,000 for each violation.

(i)  Any person who gives advance notice of anyinspection to be conducted under this chapter, without authority from thedirector or the director's designees shall, upon conviction be punished by afine of not more than $1,000 or by imprisonment for not more than six months,or by both.

(j)  The director shall have authority toassess all civil penalties provided in this section, giving due considerationto the appropriateness of the penalty with respect to the size of the businessof the employer being charged, the gravity of the violation, the good faith ofthe employer, and the history of previous violations.

(k)  Civil penalties imposed under this chaptershall be paid to the department and may be recovered by civil action in thename of the department and the State brought in the district or circuit courtfor the circuit where the violation is alleged to have occurred or where theemployer has its principal office.

(l)  When an alleged violation of any provisionof this chapter or any standard, rule, or order made thereunder has occurred,the department shall promptly issue a written citation, order, or noticethereof to the employer who shall be required to post the citation, order, ornotice.  The citation, order, or notice thereof shall include the abatementrequirements and within a reasonable time the employer shall be advised of theproposed sanctions, including proposed penalties.  Whenever reference is madeto posting of any citation, order, notice, petition, decision, or any othertype of document issued by the director under this chapter and rules adoptedpursuant to this chapter, the employer shall post copies of the document at thework site involved or affected and at the place or places where notices to theemployees involved are normally posted.  Where posting starts the time fornotice of action to or for appeal by employees under this chapter and rulesadopted under this chapter, the document shall be posted by the employer uponreceipt or on the next business day following receipt.

(m)  Whoever knowingly makes any falsestatement, representation, or certification in any application, record, report,plan, or other document filed or required to be maintained pursuant to thischapter shall, upon conviction, be punished by a fine of not more than $10,000,or by imprisonment for not more than six months, or by both.

(n)  Criminal offenses committed against anyemployee of the State acting within the scope of the employee's office,employment, or authority under this chapter shall be subject to the penaltiesset forth in the Hawaii Penal Code; provided that:

(1)  Ten years shall be added to the maximumterm of imprisonment (unless life imprisonment is imposed) and $50,000 shall beadded to the maximum fine imposed for conviction of a class A felony;

(2)  Five years shall be added to the maximumterm of imprisonment and $25,000 shall be added to the maximum fine imposed forconviction of a class B felony;

(3)  Three years shall be added to the maximumterm of imprisonment and $10,000 shall be added to the maximum fine forconviction of a class C felony;

(4)  One year shall be added to the maximumterm of imprisonment and $2,000 shall be added to the maximum fine forconviction of a misdemeanor; and

(5)  The maximum term of imprisonment andmaximum fines prescribed for misdemeanors under the Hawaii Penal Code shallapply to convictions of a petty misdemeanor. [L 1972, c 57, pt of §1; am L1974, c 152, §5; am L 1975, c 50, §4; am L 1976, c 95, §8; am L 1977, c 179,§3; gen ch 1985; am L 1992, c 94, §§1 to 3; am L 1993, c 175, §2]