Section 6430 Of Chapter 4. Penalties From California Labor Code >> Division 5. >> Part 1. >> Chapter 4.
6430
. (a) Any employer who fails to correct a violation of any
occupational safety or health standard, order, or special order, or
Section 25910 of the Health and Safety Code, within the period
permitted for its correction shall be assessed a civil penalty of not
more than fifteen thousand dollars ($15,000) for each day during
which the failure or violation continues.
(b) Notwithstanding subdivision (a), for any employer who submits
a signed statement affirming compliance with the abatement terms
pursuant to Section 6320, and is found upon a reinspection not to
have abated the violation, any adjustment to the civil penalty based
on abatement shall be rescinded and the additional civil penalty
assessed for failure to abate shall not be adjusted for good faith of
the employer or history of previous violations as provided in
paragraphs (3) and (4) of subdivision (c) of Section 6319.
(c) Notwithstanding subdivision (a), any employer who submits a
signed statement affirming compliance with the abatement terms
pursuant to subdivision (b) of Section 6320, and is found not to have
abated the violation, is guilty of a public offense punishable by
imprisonment in a county jail for a term not exceeding one year, or
by a fine not exceeding thirty thousand dollars ($30,000), or by both
that fine and imprisonment; but if the defendant is a corporation or
a limited liability company the fine shall not exceed three hundred
thousand dollars ($300,000). In determining the amount of the fine to
be imposed under this section, the court shall consider all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation, any prior history
of violations by the defendant, the ability of the defendant to pay,
and any other matters the court determines the interests of justice
require. Nothing in this section shall be construed to prevent
prosecution under any law that may apply.