(1) (a) If the department finds that an employer has violated any of the requirements of this chapter or a variance granted under this chapter, a citation and notice of assessment stating the violations shall be issued to the employer. The citation and notice of assessment shall be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated. The citation and penalty assessment must be given to the highest management official available at the workplace or be mailed to the employer at the workplace. In addition, the department shall mail a copy of the citation and penalty assessment to the central personnel office of the employer. Citations issued under this section must be posted at or near the place where the violation occurred.

(b) A first-time citation for failure to obtain a minor work permit endorsement or parental or school authorization, for failure to maintain records, or for a violation deemed nonserious by the department must state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation. The department may waive or reduce a civil penalty assessed for a first-time violation under this subsection if the director determines that the employer has taken corrective action to resolve the violation.

(c) The employer must be assessed a civil penalty in accordance with RCW 49.12.390 (1)(c) and as published by the department.

(d) If the department finds that an employer has committed a serious or repeated violation of the requirements of RCW 49.12.121 or 49.12.123, or any rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, the employer is subject to an additional civil penalty, in accordance with RCW 49.12.390 (1)(d) and as published by the department, for each subsequent day the violation continues. For the purposes of this subsection, a serious violation shall be deemed to exist if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(e) The department shall consider the following factors when determining the amount of any penalty assessment under this section:

(i) Whether the violation was committed willfully or the violation is a repeat violation;
(ii) The size of the employer;
(iii) The age of the minor;
(iv) The gravity of the violation;
(v) The hazards created by the violation;
(vi) The penalties for comparable violations under federal law;
(vii) the penalty amount necessary to deter future noncompliance;
(viii) Ensuring the penalty amount is consistent with the purposes of this chapter; and
(ix) Any other factor warranting an adjustment in the penalty as deemed appropriate by the department.
(2) The employer shall pay the amount assessed under this section within 30 days of receipt of the penalty assessment or notify the director of the employer's intent to appeal the citation or the penalty assessment as provided in RCW 49.12.400. If an employer fails to pay an assessment under this section after it has become a final and unappealable order, or after the court has entered final judgment in favor of the department, the director may initiate collection procedures in accordance with RCW 49.48.086.
(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove danger and may prohibit the presence of a minor in locations or under conditions where the danger exists.
(4) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter shall be assessed a civil penalty of not more than $1,000.
(5) Penalties assessed under this section shall be paid to the director and deposited into the general fund.