; or (2) a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— (A) the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or (B) the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim, because of incapacity, cannot reasonably exercise the rights under this section. . 704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay Section 10 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659 ) is amended by adding at the end the following: (d) Correction of serious, willful, or repeated violations pending contest and procedures for a stay (1) Period permitted for correction of serious, willful, or repeated violations For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. (2) Filing of a motion of contest The filing of a notice of contest by an employer— (A) shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated; and (B) may operate as a stay of the period for correction of a violation not designated by the Secretary as serious, willful, or repeated. (3) Criteria and rules of procedure for stays (A) Motion for a stay An employer may file with the Commission a motion to stay a period for the correction of a violation designated as serious, willful, or repeated. (B) Criteria In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission shall consider whether— (i) the employer has demonstrated a substantial likelihood of success on its contest to the citation; (ii) the employer will suffer irreparable harm absent a stay