442.013  Employer penalties.--If any employer violates or fails or refuses to comply with this chapter or with any rule adopted by the division, in accordance with chapter 120, for the prevention of injuries, accidents, or occupational diseases or with any lawful order of the division in connection with this chapter, or fails or refuses to furnish or adopt any safety device, safeguard, or other means of protection prescribed by the division under this chapter for the prevention of accidents or occupational diseases, the division may assess against the employer a civil penalty of not less than $100 nor more than $5,000 for each day the violation, omission, failure, or refusal continues after the employer has been given notice thereof in writing. The total penalty for each violation may not exceed $50,000. The division shall adopt rules requiring penalties commensurate with the frequency or severity, or both, of safety violations. A hearing must be held in the county where the violation, omission, failure, or refusal is alleged to have occurred, unless otherwise agreed to by the employer and authorized by the division.