103 
SEC. 704. CONFORMING AMENDMENTS. 
Section 17(d) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666(d)) is amended to read as fol-
lows: 
‘‘(d) Any employer who fails to correct a violation des-
ignated by the Secretary as serious, willful, or repeated and 
for which a citation has been issued under section 9(a) 
within the period permitted for its correction (and a stay 
has not been issued by the Commission under section 10(d)) 
may be assessed a civil penalty of not more than $7,000 
for each day during which such failure or violation con-
tinues. Any employer who fails to correct any other viola-
tion for which a citation has been issued under section 9(a) 
of this title within the period permitted for its correction 
(which period shall not begin to run until the date of the 
final order of the Commission in the case of any review 
proceeding under section 10 initiated by the employer in 
good faith and not solely for delay of avoidance of penalties) 
may be assessed a civil penalty of not more than $7,000 
for each day during which such failure or violation con-
tinues.’’. 
SEC. 705. CIVIL PENALTIES. 
(a) IN GENERAL.—Section 17 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666) is amend-
ed— 
(1) in subsection (a)— 
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(A) by striking ‘‘$70,000’’ and inserting 
‘‘$120,000’’; 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$8,000’’; and 
(C) by adding at the end the following: ‘‘In 
determining whether a violation is repeated, the 
Secretary or the Commission shall consider the 
employer’s history of violations under this Act 
and under State occupational safety and health 
plans established under section 18. If such a 
willful or repeated violation caused or contrib-
uted to the death of an employee, such civil pen-
alty amounts shall be increased to not more than 
$250,000 for each such violation, but not less 
than $50,000 for each such violation, except that 
for an employer with 25 or fewer employees such 
penalty shall not be less than $25,000 for each 
such violation.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$12,000’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation caused or contributed to the 
death of an employee, such civil penalty amounts 
shall be increased to not more than $50,000 for 
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105 
each such violation, but not less than $20,000 for 
each such violation, except that for an employer 
with 25 or fewer employees such penalty shall 
not be less than $10,000 for each such viola-
tion.’’; 
(3) in subsection (c), by striking ‘‘$7,000’’ and 
inserting ‘‘$12,000’’; 
(4) in subsection (d), as amended, by striking 
‘‘$7,000’’ 
each 
place 
it 
occurs 
and 
inserting 
‘‘$12,000’’; 
(5) by redesignating subsections (e) through (i) 
as subsections (f) through (j), and subsections (j) 
through (l) as subsections (l) through (n) respectively; 
and 
(6) in subsection (j) (as so redesignated) by 
striking ‘‘$7,000’’ and inserting ‘‘$12,000’’. 
(b) INFLATION ADJUSTMENT.—Section 17 is further 
amended by inserting after subsection (d) the following: 
‘‘(e) Amounts provided under this section for civil pen-
alties shall be adjusted by the Secretary at least once during 
each 4-year period beginning January 1, 2015, to account 
for the percentage increase or decrease in the Consumer 
Price Index for all urban consumers during such period.’’. 
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106 
SEC. 706. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 17 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666) (as amended 
by section 705) is further amended— 
(1) by amending subsection (f) (as redesignated 
by section 705) to read as follows: 
‘‘(f)(1) Any employer who knowingly violates any 
standard, rule, or order promulgated under section 6 of this 
Act, or of any regulation prescribed under this Act, and 
that violation caused or significantly contributed to the 
death of any employee, shall, upon conviction, be punished 
by a fine in accordance with title 18, United States Code, 
or by imprisonment for not more than 10 years, or both, 
except that if the conviction is for a violation committed 
after a first conviction of such person under this subsection 
or subsection (i), punishment shall be by a fine in accord-
ance title 18, United States Code, or by imprisonment for 
not more than 20 years, or by both. 
‘‘(2) For the purpose of this subsection, the term ‘em-
ployer’ means, in addition to the definition contained in 
section 3 of this Act, any officer or director.’’; 
(2) by amending subsection (g) (as redesignated 
by section 705) to read as follows: 
‘‘(g) Unless otherwise authorized by this Act, any per-
son that knowingly gives, causes to give, or attempts to give 
or cause to give, advance notice of any inspection conducted 
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under this Act with the intention of impeding, interfering 
with, or adversely affecting the results of such inspection, 
shall be fined under title 18, United States Code, impris-
oned for not more than 5 years, or both.’’. 
(3) in subsection (h) (as redesignated by section 
705), by striking ‘‘fine of not more than $10,000, or 
by imprisonment for not more than six months,’’ and 
inserting ‘‘fine in accordance with title 18, United 
States Code, or by imprisonment for not more than 
5 years,’’; 
(4) by inserting after subsection (j) (as redesig-
nated by section 705) the following: 
‘‘(k)(1) Any employer who knowingly violates any 
standard, rule, or order promulgated under section 6, or 
any regulation prescribed under this Act, and that violation 
caused or significantly contributed to serious bodily harm 
to any employee but does not cause death to any employee, 
shall, upon conviction, be punished by a fine in accordance 
with title 18, United States Code, or by imprisonment for 
not more than 5 years, or by both, except that if the convic-
tion is for a violation committed after a first conviction 
of such person under this subsection or subsection (e), pun-
ishment shall be by a fine in accordance with title 18, 
United States Code, or by imprisonment for not more than 
10 years, or by both. 
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‘‘(2) For the purpose of this subsection, the term ‘em-
ployer’ means, in addition to the definition contained in 
section 3 of this Act, any officer or director. 
‘‘(3) For purposes of this subsection, the term ‘serious 
bodily harm’ means bodily injury or illness that involves— 
‘‘(A) a substantial risk of death; 
‘‘(B) protracted unconsciousness; 
‘‘(C) protracted and obvious physical disfigure-
ment; or 
‘‘(D) protracted loss or impairment, either tem-
porary or permanent, of the function of a bodily 
member, organ, or mental faculty.’’. 
(b) JURISDICTION FOR PROSECUTION UNDER STATE 
AND LOCAL CRIMINAL LAWS.—Such section is further 
amended by adding at the end the following: 
‘‘(o) Nothing in this Act shall preclude a State or local 
law enforcement agency from conducting criminal prosecu-
tions in accordance with the laws of such State or locality.’’. 
SEC. 707. PRE-FINAL ORDER INTEREST. 
Section 17(n) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) (as redesignated by section 
706(a)(4)) (29 U.S.C. 666(n)) is amended by adding at the 
end the following: ‘‘Pre-final order interest on such pen-
alties shall begin to accrue on the date the party contests 
a citation issued under this Act, and shall end upon the 
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