29 USC 666(f): Advance Notice of Inspections

          
Sec. 666. Civil and criminal penalties
(a) Willful or repeated violation

    Any employer who willfully or repeatedly violates the requirements 
of section 654 of this
title, any standard, rule, or order promulgated pursuant to section 655 
of this title, or regulations prescribed pursuant to this chapter may be 
assessed a civil penalty of not more than $70,000 for each violation, 
but not less than $5,000 for each willful violation.

(b) Citation for serious violation

    Any employer who has received a citation for a serious violation of 
the requirements of section 654 of this title, of any standard, rule, or 
order promulgated pursuant to section 655 of this title, or of any 
regulations prescribed pursuant to this chapter, shall be assessed a 
civil penalty of up to $7,000 for each such violation.

(c) Citation for violation determined not serious

    Any employer who has received a citation for a violation of the 
requirements of section 654 of this title, of any standard, rule, or 
order promulgated pursuant to section 655 of this title, or of 
regulations prescribed pursuant to this chapter, and such violation is 
specifically determined not to be of a serious nature, may be assessed a 
civil penalty of up to $7,000 for each such violation.

(d) Failure to correct violation

    Any employer who fails to correct a violation for which a citation 
has been issued under section 658(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 659 of this title initiated by the employer in 
good faith and not solely for delay or avoidance of penalties), may be 
assessed a civil penalty of not more than $7,000 for each day during 
which such failure or violation continues.

(e) Willful violation causing death to employee

    Any employer who willfully violates any standard, rule, or order 
promulgated pursuant to section 655 of this title, or of any regulations 
prescribed pursuant to this chapter, and that violation caused death to 
any employee, shall, upon conviction, be punished by a fine of not more 
than $10,000 or by imprisonment for not more than six months, or by 
both; except that if the conviction is for a violation committed after a 
first conviction of such person, punishment shall be by a fine of not 
more than $20,000 or by imprisonment for not more than one year, or by 
both.

        

            
 
          

(f) Giving advance notice of inspection

    Any person who gives advance notice of any inspection to be 
conducted under this chapter, without authority from the Secretary or 
his designees, shall, upon conviction, be punished by a fine of not more 
than $1,000 or by imprisonment for not more than six months, or by both.

(g) False statements, representations or certification

    Whoever knowingly makes any false statement, representation, or 
certification in any application, record, report, plan, or other 
document filed or required to be maintained pursuant to this chapter 
shall, upon conviction, be punished by a fine of not more than $10,000, 
or by imprisonment for not more than six months, or by both.

(h) Omitted

(i) Violation of posting requirements

    Any employer who violates any of the posting requirements, as 
prescribed under the provisions of this chapter, shall be assessed a 
civil penalty of up to $7,000 for each violation.

(j) Authority of Commission to assess civil penalties

    The Commission shall have authority to assess all civil penalties 
provided in this section, giving due consideration to the 
appropriateness of the penalty with respect to the size of the business 
of the employer being charged, the gravity of the violation, the good 
faith of the employer, and the history of previous violations.

(k) Determination of serious violation

    For purposes of this section, a serious violation shall be deemed to 
exist in a place of employment if there is a substantial probability 
that death or serious physical harm could result from a condition which 
exists, or from one or more practices, means, methods, operations, or 
processes which have been adopted or are in use, in such place of 
employment unless the employer did not, and could not with the exercise 
of reasonable diligence, know of the presence of the violation.

(l) Procedure for payment of civil penalties

    Civil penalties owed under this chapter shall be paid to the 
Secretary for deposit into the Treasury of the United States and shall 
accrue to the United States and may be recovered in a civil action in 
the name of the United States brought in the United States district 
court for the district where the violation is alleged to have occurred 
or where the employer has its principal office.

(Pub. L. 91-596, Sec. 17, Dec. 29, 1970, 84 Stat. 1606, 1607; Pub. L. 
101-508, title III, Sec. 3101, Nov. 5, 1990, 104 Stat. 1388-29.)

                          Codification

    Subsec. (h) of this section amended section 1114 of Title 18, Crimes 
and Criminal Procedure, and enacted note set out thereunder.
                               Amendments

    1990--Subsec. (a). Pub. L. 101-508, Sec. 3101(1), substituted 
``$70,000 for each violation, but not less than $5,000 for each willful 
violation'' for ``$10,000 for each violation''.
    Subsecs. (b) to (d), (i). Pub. L. 101-508, Sec. 3101(2), substituted 
``$7,000'' for ``$1,000''.