North Carolina Enforcement laws & safety compliance analysis

North Carolina Enforcement : What you need to know

Comparison: State vs. Federal

• Rules. North Carolina is a "state plan" state; that is, it has its own federally approved occupational safety and health regulatory program. The state program applies to all public and private sector employers.

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• Administration and enforcement. North Carolina has adopted the penalties of the federal OSH Act in most respects, and has added stricter penalties for violations that result in death and for willful violations. DCCPS is responsible for enforcing the hazardous materials motor carrier regulation in North Carolina. DOL administers and enforces workplaces safety and health rules.

Requirements

TABLE 1: VIOLATIONS OF SAFETY LAWS

TABLE 2: VIOLATIONS OF HAZARDOUS MATERIALS TRANSPORTATION LAWS

DISCUSSION

 TABLE 1: VIOLATIONS OF SAFETY LAWS
Prohibited Act Penalty
OSHA: Violation of any standard rule or order that results in the death of an employee 18 years of age or older Criminal:N.C. Gen. Stat. 95-139:A Class 2 misdemeanor with up to a $10,000 fine; a Class 1 misdemeanor with up to $20,000 for subsequent violations
OSHA: Violation of any standard rule or order that results in the death of an employee under 18 years old Criminal:N.C. Gen. Stat. 95-139:A Class 2 misdemeanor with up to $20,000; a Class 1 misdemeanor with up to $40,000 for subsequent violations
OSHA: Knowingly falsifying a record, application, plan, report, or any other document pertaining to employees 18 years of age or older Criminal:N.C. Gen. Stat. 95-139:A Class 2 misdemeanor with up to $10,000 per violation
OSHA: Knowingly falsifying a record, application, plan, report, or any other document pertaining to employees under 18 years old Criminal:N.C. Gen. Stat. 95-139:A Class 2 misdemeanor with up to $20,000 per violation
OSHA: Assault ...

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State Requirements

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