• 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.
• 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.
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 ... |
State Requirements
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| Type | Title |
|---|---|
| Checklists | Checklist: Do you have what it takes to argue your affirmative defense? |
| Forms | Notice of Alleged Health or Safety Hazards |
| Posters | Whistleblowers Are Protected (Cal/OSHA, PDF) |
| White Papers | Your guide to COVID-19 enforcement |