Penalties for violations

Confidentiality of records can be important to occupants, especially if they are concerned that lAQ complaints will lead to negative reactions from their employers. There may be legal penalties for violating confidentiality of medical records. By reassuring occupants that privacy will be respected, investigators are more likely to obtain honest and complete information. It is advisable to explain the nature of investigative activities, so that rumors and suspicions can be countered with factual information. 

The Oil Pollution Act, wliich prohibits the discluirge of oil from any vessel into navigable waters, was passed in 1924. The penalties for violators were the same is those for the Refuse Act of 1899 with one addition tlie Coast Guard had the authority to suspend or revoke licenses held by the officers of vessels found to be in viohition of the act. 

Under this act, the Department of Labor sets safety standards, inspects workplaces, and sets penalties for violations. This act also established the National Institute for Occupational Safety and Health (NIOSH) to develop and establish health standards. 

Sections 15 and 16 - define prohibited acts under TSCA and prescribe penalties for violating the Act. 

The Prescription Drug Marketing Act of 1987 includes civil penalties for violation of the drug sample provisions of the FD C Act. The law provides that a manufacturer or distributor who violates these provisions is subject to a civil penalty of not more than 50 000 for each of the first two violations resulting in a conviction in any 10-year period, and for not more than 1 million for each violation resulting in a conviction after the second conviction in any 10-year period. These penalties may be imposed only by a Federal District Court. FDA has no administrative authority to impose any civil penalties imder these provisions. 

Penalties for violations can be severe. In some cases, violation can lead to banning a product or shutting down a plant or operation. In other cases, civil penalties may run as high as 50,000 for each day a violation continues. Criminal penalties, including jail sentences, are also possible. Citizen suits to force compliance or for damanges may also be permitted. In addition, knowingly submitting a false or inaccurate report is a felony punishable by imprisonment for up to five years or a 10,000 fine or both. 

Seek civil penalties for violations of trade regulation rules... 

The EPA may issue a civil administrative complaint to any person or company who violates the TSCA.30 This complaint may impose a civil penalty, including recovery of any economic benefit of noncompliance, and may also require correction of the violation. The penalties for violations of TSCA may be up to 27,500 per violation (per day). 

Several types of categories of violations are available to describe the degree seriousness of the charge. Three of the more commonly seen classes of violations are willful, serious and other-than-serious. A willful violation is defined as one committed by an employer with either an intentional disregard of, or plain indifference to the requirements of the regulation. To support a willful violation, OSHA must generally demonstrate that the employee knew the facts about the cited condition and knew the regulation required the situation to be corrected. OSHA s penalty policy requires that the initial penalties for violations shall be between 25,000 and 70,000 based upon a number of factors. 

The Controlled Substance Act provisions relating to import or export are also amended, so that penalties for violations involving Rohypnol are equivalent to penalties for Schedule I drugs. A new penalty of up to three years imprisonment, or a fine, or both, is added for simple possession of Rohypnol. A new program is established to provide police departments with educational materials on the use of controlled substances during rapes and sexual assaults. 

The OPCW s statistics indicate that 16 out of 96 States Parties that have reported their national legislation to the Organisation have not included penalties for violations of Article II, paragraph 1. In other words, these states have not adopted penalties for misuse of toxic chemicals generally. See OPCW National Legislation Report, Annex 3. 

Chapter 11. Penal provisions. Defines and fixes the penalties for violation of different articles of the Law. 

EPA. 1974. Civil penalties for violation of oil pollution prevention regulations. U.S. Environmental Protection Agency. Code of Federal Regulations. 40 CFR 114. 

This handbook provides explanations of OSHA requirements. Included Is Information about OSHA standards, recordkeeping requirements, civil penalties for violations, and other related topics. Additionally, a text of the statute Is provided. 

The FDA was given authority to approve these products as both safe and effective and to require certification that each batch or lot conforms to the established standards of purity and potency. The regulation of biological products (serum, vaccines and blood products) began in 1944 with the Public Health Service Act and was supplemented in 1986 by the Childhood Vaccine Act, which required patient information on vaccines, and gave the FDA authority to recall biologies and authorized penalties for violations. 

Penalties for violations of FDCA include injunction or restraining order and seizure of the adulterated or misbranded product. 

There are a few anachronisms in the 5 ERP to watch out for. The dollar values of the gravity based penalties are out of date because the maximum daily penalty has gone up from 25,000 to 37,500. ° To determine the correct penalties for violations occurring after January 12, 2009 each dollar value given in the 5 ERP must be multipKed by the ratio of the current maximum to the maximum in effect when the 5 ERP was written. That ratio is currently 37,500 divided by 25,000, or 1.5. For violations between January 31,1997 and March 15,2004, the gravity based penalties must be increased by a factor of 1.1. For violations between March 16, 2004 and January 12,2009 the gravity based penalties must be increased by a factor of 1.3. 

Administrative penalties for violation of the polymer exemption are assessed in accordance with the 5 Enforcement Response PoHcy ( 5 ERP).i The EPA has the authority to seek injunctions and seize products that were made in violation of the terms of the exemption, but typically considers civil enforcement actions to be sufficient to compel compliance. ... 

EPA s pohcy in assessing penalties for violation of TSCA 8 reporting is set forth in EPA, Toxic and Pesticides Enforcement Division, Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance, Amended TSCA Enforcement Response Policy, 5 (revised Mar. 31, 1999) [hereinafter Reporting Rule ERP], available through http //cfpub.epa. gov/compliance/resources/policies/civil/tsca/... 

Although penalties can moimt up very quickly, in some instances the per day penalties are capped. For example, the per day penalties for violations of 8(e) are capped at one daily penalty plus only one more daily penalty for each thirty days of violation in calculating the penalty for all days after the first day, the total number of days of violation is divided by thirty. Violation of a chemical specific 8(a) rule is capped at one day plus one more day per year (divide the total number of days after the first one by 360), and violation of all other penalties is capped at the first day plus two more per year (divide the total number of days after the first one by 180). 

It is worth watching daily Federal Registers that report on issuance of the ITC s Priority Testing List to see what chemicals may ultimately be subject to a 4 Test Rule. It certainly is preferable to submit data voluntarily than to be subject to a PAIR or 8(d) rule, with their associated penalties for violation. 

The Toxic Substances Control Act (TSCA) was passed into law in 1976, the heyday of command-and-control environmental legislation supported by severe penalties for violations. In line with this approach, Congress gave the United States Environmental Protection Agency (EPA) and the courts many tools to enforce the statute s provisions. 

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