; (B) established a policy that led to such a violation; or (C) had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. (2) Amount of civil penalty The amount of, or range for, a civil penalty for a violation under paragraph (1) shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the employer for such violation. . (3) Occupational Safety and Health Act of 1970 Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as amended by section 102(c)(7)(B), is amended by inserting after subsection (k) the following: (m) Owners, directors, officers, and managing agents (1) In general In any action or proceeding for a violation of this Act, including any standard, rule, regulation, or order promulgated pursuant to this Act, the Secretary or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the employer if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— (A) directed or committed the violation; (B) established a policy that led to such a violation