22 Guam Code Ann. § 1116
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | up to $1,000 |
| petty misdemeanor | up to 60 days | up to $500 |
Terms Used In 22 Guam Code Ann. § 1116
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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
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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 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, represen- tation 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.
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(j) Any employer who violates any of the posting require- ments 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 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) (1) Upon receipt of a complaint filed pursuant to subsection (o), the Director shall cause such investigation to
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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 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.)
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(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.
SOURCE: GC § 48064. Subsections (g) through (p) amended by P.L. 13-
187:243.
2022 NOTE: Reference to “”territory”” omitted pursuant to 1 Guam Code Ann. § 420.
2018 NOTE: Subitem designations added in subsection (p) pursuant to the authority of 1 Guam Code Ann. § 1606.