Guam § 1116 - Penalties.
Full text of Guam Guam Code Annotated § 1116 — Penalties., with citation guidance and answers to common questions.
§ 1116. Penalties.
(a) It shall be unlawful for any employer to hinder the
Director or his authorized representative in the performance of his
functions, powers, duties or to otherwise violate any provision of
this Title, any regulation or standard prescribed or adopted
pursuant to this Title.
(b) Any employer who commits an unlawful act as defined
by Subparagraph (a) for which no penalty is otherwise provided,
may be assessed a civil penalty of not more than one Thousand
Dollars ($1,000.00) for each violation.
(c) The Director 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 any employer being charged, the gravity of the
violation, the good faith of the person charged, and any history of
previous violations.
(d) Civil penalties owed under this Title shall be paid to the
Director for deposit in the General Fund and may be recovered in
a civil action brought in the Superior Court by the Director or the
Attorney General, but all such litigation shall be subject to the
control of the Attorney General.
(e) Any employer who wilfully or repeatedly violates the
requirements of § 1204 of this Title, any standard, rule, or order
promulgated pursuant to § 1206 of this Title, or regulations
prescribed pursuant to this Title may be assessed a civil penalty of
not more than Ten Thousand Dollars ($10,000.00) for each
violation.
(f) Any employer who fails to correct a violation for which a
citation has been issued under § 1108 within the period permitted
for its correction may be assessed a civil penalty of not more than
One Thousand Dollars ($1,000.00) for each day during which
such failure or violation continues.
(g) Any employer who wilfully violates any standard, rule,
or order promulgated pursuant to Section 1206, or any regulations
prescribed pursuant to this Title, and that violation caused death
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to any employee, shall be guilty of a petty misdemeanor and in
addition to any other penalty authorized by law shall be subject to
a fine of not more than Ten Thousand Dollars ($10,000). If the
conviction is for a violation committed after a first conviction of
such person, the offender shall be guilty of a misdemeanor and in
addition to any other penalty authorized by law shall be subject to
a fine of not more than Twenty Thousand Dollars $20,000.00).
(h) 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 Title shall be guilty of a misdemeanor.
(i) Whoever forcibly resists, opposes, impedes, intimidates,
or interferes with any officer or employee of the Department,
while engaged in or on account of the performance of his official
duties, shall be guilty of a misdemeanor.
(j) Any employer who violates any of the posting
requirements prescribed by the Occupational Safety and Health
Act of Guam, shall be assessed a civil penalty of up to One
Thousand Dollars ($1,000.00) for each violation.
(k) 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) any employer who has received a citation for a serious
violation of the requirements of Section 1204 or of any standard,
rule, or order promulgated pursuant to Section 1206 or any
regulations prescribed pursuant to this Title shall be assessed a
civil penalty of up to One Thousand Dollars ($1,000.00) for each
such violation.
(m) Any employer who has received a citation for a violation
of the requirements of Section 1204 or of any standard, rule, or
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order promulgated pursuant to Section 1206 or of regulations
prescribed pursuant to this Title and such violation is specifically
determined not to be of a serious nature, may be assessed a civil
penalty of up to One Thousand Dollars ($1,000.00) for each such
violation.
(n) No person shall discharge or in any manner discriminate
against any employee because such employee has filed any
complaint or instituted or caused to be instituted any proceeding
or because of the exercise by such employee on behalf of himself
or others of any right afforded by this Title.
(o) Any employee who believes that he has been discharged
or otherwise discriminated against by any person in violation of
subsection (n) may, within thirty (30) days after such violation
occurs, file a complaint with the Director alleging such
discrimination.
(p) [No text.]
(1) Upon receipt of a complaint filed pursuant to
subsection (o), the Director shall cause such investigation to
be made as he deems appropriate. If upon such investigation,
the Director determines that the provisions of subsection (n)
have been violated, he shall bring an action in the Superior
court against such person. In any such action, the Superior
court shall have jurisdiction, for cause shown, to restrain
violations of subsection (n) and order all appropriate relief
including rehiring or reinstatement of the employee of his
former position with back pay.
(2) Within ninety (90) days of the receipt of a complaint
filed under subsection (o) the Director shall notify the
complainant of his determination under subsection (g).
(q) Procedures to counteract imminent dangers.
(1) The Director shall have the power, after a duly
authorized investigation, and his review thereof, to restrain
any conditions or practices in any place of employment
which are such that a danger exists which could reasonably
be expected to cause death or serious physical harm
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immediately or before the imminence of such danger can be
eliminated through the enforcement procedures otherwise
provided by this Title. Any order issued by the Director under
this section may require such steps to be taken as may be
necessary to avoid, correct, or remove such imminent danger
and prohibit the employment or presence of any individual in
locations or under conditions where such imminent danger
exists, except individuals whose presence is necessary to
avoid, correct, or remove such imminent danger or to
maintain the capacity of a continuous process operation to
resume normal operation without a complete cessation of
operations, or where a cessation of operations is necessary to
permit such to be accomplished in a safe and orderly manner.
(2) The Director may file a petition with the Superior
Court enforcing any order issued under this section, and said
court shall have jurisdiction to grant such injunctive relief or
temporary restraining order pending the outcome of an
enforcement proceeding pursuant to this Title. No temporary
restraining order issued without notice shall be effective for
a period longer than five (5 days.)
(3) Whenever, and as soon as an inspector concludes
that conditions or practices described above exist in any place
of employment, he shall inform the affected employees and
employers of the danger and that he is recommending to the
Director that relief be sought.
(4) If the Director arbitrarily or capriciously fails to seek
relief under this section, any employee who may be injured
by reason of such failure, or the representative of such
employees, may bring an action against the Director in the
Superior Court for a writ of mandamus to compel the
Director to issue an order and for such further relief as may
be appropriate.
(5) Exemption. For the purposes enumerated under this
section, no civil penalties shall be assessed against Guam or
any political subdivision thereof.
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Frequently Asked Questions About Guam § 1116
What does Guam Code Annotated § 1116 cover?
Section 1116 ("Penalties.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 1116?
A common citation format is "Guam Code Annotated § 1116" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 1116 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.