§ 28-20-18 - Penalties.
SECTION 28-20-18
§ 28-20-18 Penalties. – (a) Any employer who willfully or repeatedly violates the requirements of§ 28-20-8, any code, rule, or order promulgated pursuant to §28-20-24, or regulations prescribed pursuant to this chapter, may be assessed acivil penalty of not more than ten thousand dollars ($10,000) for eachviolation.
(b) Any employer who has received a compliance order for aserious violation of the requirements of § 28-20-8, any code, rule, ororder promulgated pursuant to § 28-20-24, or of any other regulationsprescribed pursuant to this chapter, shall be assessed a civil penalty of up toone thousand dollars ($1,000) for each violation.
(c) Any employer who has received a compliance order for aviolation of the requirements of § 28-20-8, any code, rule, or orderpromulgated pursuant to § 28-20-24, or of other regulations prescribedpursuant to this chapter, and the violation is specifically determined not tobe of serious nature, may be assessed a civil penalty of up to one thousanddollars ($1,000) for each violation.
(d) Any employer who fails to correct a violation for which acompliance order has been issued under § 28-20-16 within the periodpermitted for its correction, which period shall not begin to run until thedate of the final order of the review board in the case of any reviewproceeding under § 28-20-17 initiated by the employer in good faith andnot solely for delay or avoidance of penalties, may be assessed a civil penaltyof not more than one thousand dollars ($1,000) for each day during which thefailure or violation continues.
(e) Any employer who willfully violates any code, rule, ororder promulgated pursuant to § 28-20-24, or of any regulations prescribedpursuant to this chapter, and that violation caused death to any employee,shall, upon conviction, be punished by a fine of not more than ten thousanddollars ($10,000) or by imprisonment for not more than one year, or by both;except that if the conviction is for a violation committed after a firstconviction of the employer, punishment shall be by a fine of not more thantwenty thousand dollars ($20,000) or by imprisonment for not more than two (2)years, or by both.
(f) Any person who gives advance notice of any inspection tobe conducted under this chapter without authority from the director shall uponconviction be punished by a fine of not more than one thousand dollars ($1,000)or by imprisonment for not more than one year, or by both.
(g) Whoever knowingly makes any false statements,representation, or certification in any application, record, report, plan, orother document filed or required to be maintained pursuant to this chaptershall, upon conviction, be punished by a fine of not more than ten thousanddollars ($10,000), or by imprisonment for not more than one year, or by both.
(h) Any employer who violates any of the postingrequirements, as prescribed under the provisions of this chapter, shall beassessed a civil penalty of up to one thousand dollars ($1,000) for eachviolation.
(i) Any person who obstructs or otherwise interferes with thedirector of labor and training or the director of health or theirrepresentative while engaged in the performance of their duties shall beimprisoned for a period not exceeding one year or be fined a sum not exceedingfive hundred dollars ($500).
(2) Subdivision (1) of this subsection shall in no way limitthe authority of the state to impose any other penalty that may be deemedappropriate for other offenses by any person against any employee or otherrepresentative of the division of occupational safety while engaged in theperformance of his or her duties.
(j) The review board shall have the authority to assess allcivil penalties provided in this section, giving due consideration to theappropriateness of the penalty with respect to the size of the business of theemployer being charged, the gravity of the violation, the good faith of theemployer, and the history of previous violations.
(k) For purposes of this section, a serious violation existsin a place of employment if there is a substantial probability that death orserious physical harm could result from a condition which exists, or from oneor more practices, means, methods, operations, or processes which have beenadopted or are in use in the place of employment unless the employer did not,and could not with the exercise of reasonable diligence, know of the presenceof the violation.
(l) Civil penalties due under this chapter shall be paid tothe director for deposit into the treasury of the state of Rhode Island andshall accrue to the state and may be recovered in a civil action in the name ofthe state brought in the superior court for the county where the violation isalleged to have occurred or where the employer has its principal office.