Any employer who willfully violates any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, where the violation causes the death of any employee, shall be punished:
1. For a first offense, for a misdemeanor by a fine of not more than $50,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. For a second or subsequent offense, for a gross misdemeanor by a fine of not more than $100,000 or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.