North Carolina § 95-256 - Penalties.

§ 95-256. Penalties.

The Commissioner may levy a civil penalty, not to exceed the amounts listed as follows, for a violation of this Article: An employer may appeal a penalty levied by the Commissioner pursuant to this section to the North Carolina Occupational Safety and Health Review Commission subject to the procedures and requirements applicable to contested penalties under Article 16 of this Chapter. The determination of the Commission shall be final unless further appeal is made to the courts under the provisions of Chapter 150B of the General Statutes. All civil penalties and interest recovered by the Commissioner, together with any costs, shall be paid into the General Fund of the State. Employers with 10 or less employees ..............................$ 2,000 Employers with 11-50 employees ...................................$ 5,000 Employers with 51-100 employees ..................................$10,000 Employers with more than 100 employees ..........................$25,000. (b) The Commissioner, in determining the amount of the penalty, shall consider the nature of the violation, whether it is a first or subsequent violation, and the steps taken by the employer to remedy the violation upon discovery of the violation. History (1991 (Reg. Sess., 1992), c. 962, s. 1; 2005-133, s. 1; 2006-226, s. 30.) Editor's Note. - Session Laws 2005-133, s. 1, as amended by Session Laws 2006-226, s. 30, effective June 29, 2005, provides: "Under the Occupational Safety and Health Act of North Carolina, the name of the Safety and Health Review Board is changed to the North Carolina Occupational Safety and Health Review Commission. The Revisor of Statutes is authorized to substitute the term 'Commission' for the term 'Board' wherever that term appears in the General Statutes in relation to the Act. The Revisor of Statutes is also authorized to insert the words 'North Carolina Occupational' in front of the phrase 'Safety and Health Review Commission' wherever that phrase appears in the General Statutes in relation to the Act." Effect of Amendments. - Session Laws 2005-133, s. 1, as amended by Session Laws 2006-226, s. 30, effective June 29, 2005, inserted "North Carolina Occupational" preceding "Safety and Health Review Commission" in subsection (c). §§ 95-257 through 95-259: Reserved for future codification purposes.