Section 5-810 - Amount of civil penalty.
§ 5-810. Amount of civil penalty.
(a) Maximum amount.-
(1) Except as provided in paragraph (2) of this subsection, a civil penalty under § 5-809 of this subtitle may not exceed:
(i) $7,000 for each violation; and
(ii) if an employer does not correct a violation within the period allowed for correction, $7,000 for each day that the violation continues.
(2) A civil penalty for a willful or repeated violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not exceed $70,000 for each violation.
(3) A civil penalty for a willful violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not be less than $5,000.
(b) Considerations.- Before the Commissioner assesses a civil penalty under § 5-809 of this subtitle, the Commissioner shall consider the appropriateness of the penalty in relation to:
(1) the size of the business of the employer against whom the penalty is to be assessed;
(2) the gravity of the violation for which the penalty is to be assessed;
(3) the good faith of the employer;
(4) the history of violations by the employer;
(5) the injury and illness experience of the employer;
(6) the existence and quality of a safety and training program;
(7) the actual harm to human health including injury or illness;
(8) the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation; and
(9) the extent to which the existence of the violation was known to the employer but remained not corrected.
[An. Code 1957, art. 89, § 40; 1991, ch. 8, § 2; ch. 622.]