SECTIONS 9060-9061 - California Statutes

LABOR CODE

SECTION 9060-9061

9060. The civil penalties prescribed by Chapter 4 (commencing with
Section 6423) of Part 1 shall be applicable to violations of
standards and special orders regulating the use of carcinogens,
except as modified by the following:
(a) A civil penalty assessed against an employer because of
failure to report, as required by standards specified in Section
9030, shall be not less than five hundred dollars ($500).
(b) A civil penalty assessed against an employer for a serious
violation, as defined in Section 9061, involving use of a carcinogen
in violation of standards or special orders, except as provided by
subdivision (d) and by Section 6429, shall be in the amount of two
thousand dollars ($2,000).
(c) A civil penalty assessed pursuant to Section 6429 for repeated
violations of standards or special orders specified in subdivision
(a) shall be not less than five thousand dollars ($5,000).
(d) A civil penalty assessed pursuant to Section 6429 for repeated
serious violations of standards or special orders specified in
subdivision (b) shall be not less than ten thousand dollars
($10,000).
The maximum limitations on civil penalties specified in Chapter 4
(commencing with Section 6423) of Part 1 shall be applicable to civil
penalties for which the minimum amount is prescribed by subdivision
(a), (c), or (d). Nothing in this section shall supersede any
provision of law prescribing criminal offenses or penalties.

9061. (a) For purposes of this part, "serious violation" shall have
the meaning specified in Section 6432 and, except as provided in
subdivision (b), shall additionally include any violation of a
standard or special order respecting the use of a carcinogen.
(b) A violation of a standard or special order respecting the use
of a carcinogen shall not, be a "serious violation" if the employer
did not, and could not, with the exercise of reasonable diligence,
know of the presence of the violation or if the violation is minor
and resulted in no substantial health hazard, as determined by the
division.