Guam § 1116 - Penalties.

§ 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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