North Carolina Department of Labor Increases State OSHA Penalties and Updates Investigation Timelines

October 13, 2022

Do you get surprised and frustrated when policies change? How about when your bill was more expensive than you originally thought? We can relate. The North Carolina Department of Labor increased state OSHA penalties and investigations to match current Federal OSHA standards through the Appropriations Act. Starting October 1st, fines will increase and follow the same pattern every January 1st.

Prior to this change, if a practice was fined the maximum under NC OSHA the cost to the practice would be:

  • $7,000 per violation for serious (not involving a minor)
  • $7,000 per day for failure to timely abate hazards
  • $70,000 per violation for willful or repeated violations of the OSH Act

Wow, that’s a lot of dough – and we’re not talking about the pizza or cookie kind! And if you though that was expensive, here is what a violation will cost now:

  • $14,502 per violation for serious and other-than-serious violations
  • $14,502 per day for failure to timely abate hazards
  • $145,027 per violation for a repeated or willful violation of the OSH Act

Notice anything special about the fines above? Some can be “per day”. We all know time is money and there’s no exception when it comes to OSHA.

Not only are the penalties changing, but the time frame to issue citations is as well. Previously, citations could be levied up to six months from initial reporting. Also being implemented on October 1st, NC OSHA has six months from the first inspection to levy a citation, not from initial reporting like before. Don’t get me wrong – we love a good limbo at a party, but not when it comes to OSHA citations!

The famous Pablo Piccaso said, “Action is the foundational key for all success”. With North Carolina amending a few OSHA policies, take the time to educate yourself to avoid any costly violations.

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