88.14 PENALTIES.
1. Willful violations. Any employer who willfully or
repeatedly violates the requirements of section 88.4, any standard,
rule, or order adopted or issued pursuant to section 88.5, or rules
adopted pursuant to this chapter, 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 willful violation.
2. Serious violations. Any employer who has received a
citation for a serious violation of the requirements of section 88.4,
of any standard, rule, or order adopted or issued pursuant to section
88.5, or of any regulations prescribed pursuant to this chapter,
shall be assessed a civil penalty of up to seven thousand dollars for
each such violation.
3. Nonserious violations. Any employer who has received a
citation for a violation of the requirements of section 88.4, of any
standard, rule, or order adopted or issued pursuant to section 88.5,
or of rules prescribed pursuant to this chapter and the violation is
specifically determined not to be of a serious nature, may be
assessed a civil penalty of up to seven thousand dollars for each
violation.
4. Failure to correct. Any employer who fails to correct a
violation for which a citation has been issued under section 88.7,
subsection 1, within the period permitted for its correction, may be
assessed a civil penalty of not more than seven thousand dollars for
each day during which the failure or violation continues. The period
for correction shall not begin until the date of the final order of
the appeal board of any review proceeding under section 88.8
initiated by the employer in good faith and not solely for delay or
avoidance of penalties.
5. Willful violations causing death. Any employer who
willfully violates any standard, rule, or order promulgated pursuant
to section 88.5, or of any regulations prescribed pursuant to this
chapter, and that violation caused death to any employee, shall, upon
conviction, be guilty of a serious misdemeanor; except that if the
conviction is for a violation committed after a first conviction of
such person, the person shall be guilty of an aggravated misdemeanor.
6. Advance notice of inspections. Any person who gives
advance notice of any inspection to be conducted under this chapter,
without authority from the commissioner or the commissioner's
designees, shall, upon conviction, be guilty of a serious
misdemeanor.
7. Filing false documents. 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 chapter shall, upon conviction, be guilty
of a serious misdemeanor.
8. Disclosure of confidential information. Whoever violates
the provisions of section 88.12 shall be guilty of a serious
misdemeanor; and shall be removed from office or employment.
9. Violation of posting requirements. Any employer who
violates any of the posting, reporting, or recordkeeping requirements
under this chapter, shall be assessed a civil penalty of up to seven
thousand dollars for each violation.
10. Assessment of penalties. The appeal board shall have the
authority to assess all civil penalties provided in this section,
giving due consideration to the appropriateness of the penalty with
respect to the size of the business of the employer being charged,
the gravity of the violation, the good faith of the employer, and the
history of previous violations.
11. Definition of serious violation. For purposes of this
section, a serious violation shall be deemed to exist 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 or more practices, means, methods, operations, or processes
which have been adopted or are in use, in such place of employment
unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of the violation.
12. Collection of penalties. Civil penalties owed under this
chapter shall be paid to the commissioner for deposit with the
treasurer of state and shall accrue to the state and may be recovered
in a civil action in the name of the state brought in the district
court of the county where the violation is alleged to have occurred
or where the employer has its principal office.
88.14 PENALTIES.
1. Willful violations. Any employer who willfully or
repeatedly violates the requirements of section 88.4, any standard,
rule, or order adopted or issued pursuant to section 88.5, or rules
adopted pursuant to this chapter, 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 willful violation.
2. Serious violations. Any employer who has received a
citation for a serious violation of the requirements of section 88.4,
of any standard, rule, or order adopted or issued pursuant to section
88.5, or of any regulations prescribed pursuant to this chapter,
shall be assessed a civil penalty of up to seven thousand dollars for
each such violation.
3. Nonserious violations. Any employer who has received a
citation for a violation of the requirements of section 88.4, of any
standard, rule, or order adopted or issued pursuant to section 88.5,
or of rules prescribed pursuant to this chapter and the violation is
specifically determined not to be of a serious nature, may be
assessed a civil penalty of up to seven thousand dollars for each
violation.
4. Failure to correct. Any employer who fails to correct a
violation for which a citation has been issued under section 88.7,
subsection 1, within the period permitted for its correction, may be
assessed a civil penalty of not more than seven thousand dollars for
each day during which the failure or violation continues. The period
for correction shall not begin until the date of the final order of
the appeal board of any review proceeding under section 88.8
initiated by the employer in good faith and not solely for delay or
avoidance of penalties.
5. Willful violations causing death. Any employer who
willfully violates any standard, rule, or order promulgated pursuant
to section 88.5, or of any regulations prescribed pursuant to this
chapter, and that violation caused death to any employee, shall, upon
conviction, be guilty of a serious misdemeanor; except that if the
conviction is for a violation committed after a first conviction of
such person, the person shall be guilty of an aggravated misdemeanor.
6. Advance notice of inspections. Any person who gives
advance notice of any inspection to be conducted under this chapter,
without authority from the commissioner or the commissioner's
designees, shall, upon conviction, be guilty of a serious
misdemeanor.
7. Filing false documents. 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 chapter shall, upon conviction, be guilty
of a serious misdemeanor.
8. Disclosure of confidential information. Whoever violates
the provisions of section 88.12 shall be guilty of a serious
misdemeanor; and shall be removed from office or employment.
9. Violation of posting requirements. Any employer who
violates any of the posting, reporting, or recordkeeping requirements
under this chapter, shall be assessed a civil penalty of up to seven
thousand dollars for each violation.
10. Assessment of penalties. The appeal board shall have the
authority to assess all civil penalties provided in this section,
giving due consideration to the appropriateness of the penalty with
respect to the size of the business of the employer being charged,
the gravity of the violation, the good faith of the employer, and the
history of previous violations.
11. Definition of serious violation. For purposes of this
section, a serious violation shall be deemed to exist 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 or more practices, means, methods, operations, or processes
which have been adopted or are in use, in such place of employment
unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of the violation.
12. Collection of penalties. Civil penalties owed under this
chapter shall be paid to the commissioner for deposit with the
treasurer of state and shall accrue to the state and may be recovered
in a civil action in the name of the state brought in the district
court of the county where the violation is alleged to have occurred
or where the employer has its principal office.
88.14 PENALTIES.
1. Willful violations. Any employer who willfully or
repeatedly violates the requirements of section 88.4, any standard,
rule, or order adopted or issued pursuant to section 88.5, or rules
adopted pursuant to this chapter, 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 willful violation.
2. Serious violations. Any employer who has received a
citation for a serious violation of the requirements of section 88.4,
of any standard, rule, or order adopted or issued pursuant to section
88.5, or of any regulations prescribed pursuant to this chapter,
shall be assessed a civil penalty of up to seven thousand dollars for
each such violation.
3. Nonserious violations. Any employer who has received a
citation for a violation of the requirements of section 88.4, of any
standard, rule, or order adopted or issued pursuant to section 88.5,
or of rules prescribed pursuant to this chapter and the violation is
specifically determined not to be of a serious nature, may be
assessed a civil penalty of up to seven thousand dollars for each
violation.
4. Failure to correct. Any employer who fails to correct a
violation for which a citation has been issued under section 88.7,
subsection 1, within the period permitted for its correction, may be
assessed a civil penalty of not more than seven thousand dollars for
each day during which the failure or violation continues. The period
for correction shall not begin until the date of the final order of
the appeal board of any review proceeding under section 88.8
initiated by the employer in good faith and not solely for delay or
avoidance of penalties.
5. Willful violations causing death. Any employer who
willfully violates any standard, rule, or order promulgated pursuant
to section 88.5, or of any regulations prescribed pursuant to this
chapter, and that violation caused death to any employee, shall, upon
conviction, be guilty of a serious misdemeanor; except that if the
conviction is for a violation committed after a first conviction of
such person, the person shall be guilty of an aggravated misdemeanor.
6. Advance notice of inspections. Any person who gives
advance notice of any inspection to be conducted under this chapter,
without authority from the commissioner or the commissioner's
designees, shall, upon conviction, be guilty of a serious
misdemeanor.
7. Filing false documents. 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 chapter shall, upon conviction, be guilty
of a serious misdemeanor.
8. Disclosure of confidential information. Whoever violates
the provisions of section 88.12 shall be guilty of a serious
misdemeanor; and shall be removed from office or employment.
9. Violation of posting requirements. Any employer who
violates any of the posting, reporting, or recordkeeping requirements
under this chapter, shall be assessed a civil penalty of up to seven
thousand dollars for each violation.
10. Assessment of penalties. The appeal board shall have the
authority to assess all civil penalties provided in this section,
giving due consideration to the appropriateness of the penalty with
respect to the size of the business of the employer being charged,
the gravity of the violation, the good faith of the employer, and the
history of previous violations.
11. Definition of serious violation. For purposes of this
section, a serious violation shall be deemed to exist 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 or more practices, means, methods, operations, or processes
which have been adopted or are in use, in such place of employment
unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of the violation.
12. Collection of penalties. Civil penalties owed under this
chapter shall be paid to the commissioner for deposit with the
treasurer of state and shall accrue to the state and may be recovered
in a civil action in the name of the state brought in the district
court of the county where the violation is alleged to have occurred
or where the employer has its principal office.
