GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 329
AN ACT TO COMPLY WITH CONGRESSIONAL CHANGES IN OSHA.
Whereas, States are required by Section 18 of the Occupational Safety and Health Act to implement changes in their State OSHA programs corresponding to Congressional changes that will keep State programs as effective as the federal OSHA program; and
Whereas, Congress on November 5, 1990, passed the Omnibus Budget Reconciliation Act of 1990 which amended Section 17 of the Occupational Safety and Health Act to increase penalties for violations of the Act; and
Whereas, the United States Department of Labor has notified the North Carolina Department of Labor that North Carolina must match these statutory changes within six months; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. G.S. 95-138(a) reads as rewritten:
"(a) Any employer who
willfully or repeatedly violates the requirements of this Article, any
standard, rule or order promulgated pursuant to this Article, or regulations
prescribed pursuant to this Article, may upon the recommendation of the
Director to the Commissioner be assessed by the Commissioner a civil penalty of
not more than fourteen thousand dollars ($14,000) seventy thousand
dollars ($70,000) and not less than five thousand ($5,000) for each willful
violation. Any employer who has received a citation for a serious
violation of the requirements of this Article or any standard, rule, or order
promulgated under this Article or of any regulation prescribed pursuant to this
Article, shall be assessed by the Commissioner a civil penalty of up to two
thousand five hundred dollars ($2,500) seven thousand dollars ($7,000) for
each such violation. If the violation is adjudged not to be of a serious
nature, then the employer may be assessed a civil penalty of up to one
thousand five hundred dollars ($1,500) seven thousand dollars ($7,000) for
each such violation. Any employer who fails to correct a violation for
which a citation has been issued under this Article within the period allowed
for its correction (which period shall not begin to run until the date of the
final order of the Board in the case of any appeal proceedings in this Article
initiated by the employer in good faith and not solely for the delay or
avoidance of penalties), may be assessed a civil penalty of not more than one
thousand dollars ($1,000). seven thousand dollars ($7,000). Such
assessment shall be made to apply to each day during which such failure or
violation continues. Any employer who violates any of the posting
requirements, as prescribed under the provision of this Article, shall be
assessed a civil penalty of not more than one thousand dollars ($1,000) seven
thousand dollars ($7,000) for such violation. The Commissioner upon
recommendation of the Director, or the Board in case of an appeal, shall have
authority to assess all civil penalties provided by this Article, giving due
consideration to the appropriateness of the penalty with respect to the size of
the business of the employer being charged, the gravity of the violation, the
good faith of the employer and the record of previous violations."
Sec. 2. This act becomes effective January 1, 1992 and applies to violations committed on or after that date.
In the General Assembly read three times and ratified this the 19th day of June, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives