(a) An employer who willfully or repeatedly violates the requirement of § 32-1103, a rule promulgated or order issued pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111, or any other rule promulgated pursuant to this chapter, may be assessed a civil penalty of not more than $10,000 for each violation.
(b) An employer who has received a citation for a serious violation, as set forth in subsection (g) of this section, of the requirements of § 32-1103, a rule promulgated or order issued pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111, or any other rule promulgated pursuant to this chapter, shall be assessed a civil penalty of not more than $1,000 for each violation.
(c) An employer who has received a citation for a violation of the requirements of § 32-1103, a rule promulgated or order issued pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111, or any other rule promulgated pursuant to this chapter, when the violation is determined not to be a serious violation, may be assessed a civil penalty of up to $1,000 for each violation.
(d) An employer who fails to correct a violation for which a citation has been issued pursuant to § 32-1114(a) within the period permitted for its correction may be assessed a civil penalty of not more than $1,000 for each day a failure or violation continues.
(e) An employer who violates posting or reporting requirements of this chapter shall be assessed a civil penalty of up to $1,000 for each violation.
(f) The Mayor shall, in accessing civil penalties pursuant to this chapter, consider the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, the history of previous violations, and whether the employer, with the exercise of reasonable diligence, knew or could have known of the presence and seriousness of the violation.
(g) A serious violation shall be deemed to exist in a workplace if there is a substantial probability that death or serious physical harm could result from a condition which exists or from 1 or more practices, means, methods, operations, or processes which have been adopted or are in use in the workplace, unless the employer did not know or could not, with the exercise of due diligence, know of the presence of the violation.
(h) Civil penalties owed pursuant to this chapter shall be paid to the District of Columbia Treasurer for deposit in the General Fund. In addition to any other remedy authorized by law, penalties may be recovered in a civil action in the name of the District government in Superior Court.
CREDIT(S)
(Mar. 16, 1989, D.C. Law 7-186, § 21, 35 DCR 8250.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 36-1220.
Legislative History of Laws
For legislative history of D.C. Law 7-186, see Historical and Statutory Notes following § 32-1101.
Miscellaneous Notes
Section effective: Section 26 (a) of D.C. Law 7-186 (§ 32-1124(a)) provides that §§ 36-1202, 36-1203, 36-1205 to 36-1223 [§§ 32-1102, 32-1103, 32-1105 to 32-1123, 2001 Ed.], and the repeal of subchapter II of Chapter 2 of Title 36 [Chapter 8 of Title 32, 2001 Ed.] shall apply 2 years after approval of the plan by the Secretary.