(a) If an employee is found during an inspection or investigation not wearing personal protective equipment required by label or regulation, the commissioner may refer the violation by the employer for statewide disciplinary action by the board or suspend the right of the employer to work in the county for up to three working days. If the commissioner does neither, the commissioner may assess an administrative fine against both the employer and the employee. If the commissioner takes no action against the employer for this violation, the commissioner may assess an administrative fine against the employee if the employer provides evidence of all of the following:

1. (1) The employer has a written training program, has provided training to the employee, and has maintained a record of training as required by label or regulation.
2. (2) The employer provided personal protective equipment required by label or regulation, the equipment was available at the site when the employee was handling the pesticide or pesticides, and the equipment was properly maintained and in good working order.
3. (3) The employer is in compliance with regulations relating to the workplace and supervision of employees.
4. (4) The employer has documented implementation and adheres to a written company policy of disciplinary action for employees who violate company policy or state or local laws or regulations.
5. (5) The employer has not been disciplined or assessed an administrative fine for a violation of the personal protective equipment requirement for the previous two years.

(b)

1. (1) An administrative fine assessed against an employer pursuant to this section shall not be less than seven hundred dollars ($700) nor more than five thousand dollars ($5,000). An administrative fine assessed against an employee pursuant to this section shall not be less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000).
2. (2) In assessing an administrative fine pursuant to this section, the board or commissioner shall consider the appropriateness of the amount of the fine to the gravity of the violation, the good faith of the licensee, and the history of prior violations.