Section 5-810 - Amount of civil penalty. - Maryland Statutes

§ 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.]