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OSH ACT AND OSHA STANDARDS |
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Willful Violation |
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A willful violation is a violation that the employer knowingly commits or
commits with plain indifference to the law. The employer either knows that what he or she
is doing constitutes a violation, or is aware that a hazardous condition existed and made
no reasonable effort to eliminate it. Penalties of up to $70,000 may be proposed for each willful violation, with a minimum penalty of $5,000 for each violation. A proposed penalty for a willful violation may be adjusted downward, depending on the size of the business and its history of previous violations. Usually, no credit is given for good faith. If an employer is convicted of a willful violation of a standard that has resulted in the death of an employee, the offense is punishable by a court-imposed fine or by imprisonment for up to six months, or both. A fine of up to $250,000 for an individual, or $500,000 for a corporation, may be imposed for a criminal conviction. |
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