(a) The Commissioner,upon recommendation of the Director, or the North Carolina Occupational Safetyand Health Review Commission in the case of an appeal, shall have the authorityto assess penalties against any employer who violates the requirements of thisArticle, or any standard, rule, or order adopted under this Article, asfollows:
(1) A minimum penalty offive thousand dollars ($5,000) to a maximum penalty of seventy thousand dollars($70,000) may be assessed for each willful or repeat violation.
(2) A penalty of up toseven thousand dollars ($7,000) shall be assessed for each serious violation,except that a penalty of up to fourteen thousand dollars ($14,000) shall beassessed for each serious violation that involves injury to an employee under18 years of age.
(2a) A penalty of up toseven thousand dollars ($7,000) may be assessed for each violation that isadjudged not to be of a serious nature.
(3) A penalty of up toseven thousand dollars ($7,000) may be assessed against an employer who failsto correct and abate a violation, within the period allowed for its correctionand abatement, which period shall not begin to run until the date of the finalOrder of the Commission in the case of any appeal proceedings in this Articleinitiated by the employer in good faith and not solely for the delay ofavoidance of penalties. The assessment shall be made to apply to each dayduring which the failure or violation continues.
(4) A penalty of up toseven thousand dollars ($7,000) shall be assessed for violating the postingrequirements, as required under the provisions of this Article.
(b) The Commissionershall adopt uniform standards that the Commissioner, the Commission, and thehearing examiner shall apply when determining appropriateness of the penalty.The following factors shall be used in determining whether a penalty isappropriate:
(1) Size of the businessof the employer being charged.
(2) The gravity of theviolation.
(3) The good faith ofthe employer.
(4) The record ofprevious violations; provided that for purposes of determining repeatviolations, only the record within the previous three years is applicable.
(5) Whether theviolation involves injury to an employee under 18 years of age.
The report of the hearing examinerand the report, decision, or determination of the Commission on appeal shallspecify the standards applied in determining the reduction or affirmation ofthe penalty assessed by the Commissioner.
(c) The clear proceedsof all civil penalties and interest recovered by the Commissioner, togetherwith the costs thereof, shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2. (1973, c. 295, s. 13; 1987 (Reg. Sess., 1988), c.1111, s. 12; 1989 (Reg. Sess., 1990), c. 844; 1991, c. 329, s. 1; c. 761, s.17; 1993, c. 474, s. 2; 1998‑215, s. 111; 2004‑203, s. 39(a); 2005‑133,s. 8; 2006‑39, s. 3; 2009‑351, s. 4.)
(a) The Commissioner,upon recommendation of the Director, or the North Carolina Occupational Safetyand Health Review Commission in the case of an appeal, shall have the authorityto assess penalties against any employer who violates the requirements of thisArticle, or any standard, rule, or order adopted under this Article, asfollows:
(1) A minimum penalty offive thousand dollars ($5,000) to a maximum penalty of seventy thousand dollars($70,000) may be assessed for each willful or repeat violation.
(2) A penalty of up toseven thousand dollars ($7,000) shall be assessed for each serious violation,except that a penalty of up to fourteen thousand dollars ($14,000) shall beassessed for each serious violation that involves injury to an employee under18 years of age.
(2a) A penalty of up toseven thousand dollars ($7,000) may be assessed for each violation that isadjudged not to be of a serious nature.
(3) A penalty of up toseven thousand dollars ($7,000) may be assessed against an employer who failsto correct and abate a violation, within the period allowed for its correctionand abatement, which period shall not begin to run until the date of the finalOrder of the Commission in the case of any appeal proceedings in this Articleinitiated by the employer in good faith and not solely for the delay ofavoidance of penalties. The assessment shall be made to apply to each dayduring which the failure or violation continues.
(4) A penalty of up toseven thousand dollars ($7,000) shall be assessed for violating the postingrequirements, as required under the provisions of this Article.
(b) The Commissionershall adopt uniform standards that the Commissioner, the Commission, and thehearing examiner shall apply when determining appropriateness of the penalty.The following factors shall be used in determining whether a penalty isappropriate:
(1) Size of the businessof the employer being charged.
(2) The gravity of theviolation.
(3) The good faith ofthe employer.
(4) The record ofprevious violations; provided that for purposes of determining repeatviolations, only the record within the previous three years is applicable.
(5) Whether theviolation involves injury to an employee under 18 years of age.
The report of the hearing examinerand the report, decision, or determination of the Commission on appeal shallspecify the standards applied in determining the reduction or affirmation ofthe penalty assessed by the Commissioner.
(c) The clear proceedsof all civil penalties and interest recovered by the Commissioner, togetherwith the costs thereof, shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2. (1973, c. 295, s. 13; 1987 (Reg. Sess., 1988), c.1111, s. 12; 1989 (Reg. Sess., 1990), c. 844; 1991, c. 329, s. 1; c. 761, s.17; 1993, c. 474, s. 2; 1998‑215, s. 111; 2004‑203, s. 39(a); 2005‑133,s. 8; 2006‑39, s. 3; 2009‑351, s. 4.)
(a) The Commissioner,upon recommendation of the Director, or the North Carolina Occupational Safetyand Health Review Commission in the case of an appeal, shall have the authorityto assess penalties against any employer who violates the requirements of thisArticle, or any standard, rule, or order adopted under this Article, asfollows:
(1) A minimum penalty offive thousand dollars ($5,000) to a maximum penalty of seventy thousand dollars($70,000) may be assessed for each willful or repeat violation.
(2) A penalty of up toseven thousand dollars ($7,000) shall be assessed for each serious violation,except that a penalty of up to fourteen thousand dollars ($14,000) shall beassessed for each serious violation that involves injury to an employee under18 years of age.
(2a) A penalty of up toseven thousand dollars ($7,000) may be assessed for each violation that isadjudged not to be of a serious nature.
(3) A penalty of up toseven thousand dollars ($7,000) may be assessed against an employer who failsto correct and abate a violation, within the period allowed for its correctionand abatement, which period shall not begin to run until the date of the finalOrder of the Commission in the case of any appeal proceedings in this Articleinitiated by the employer in good faith and not solely for the delay ofavoidance of penalties. The assessment shall be made to apply to each dayduring which the failure or violation continues.
(4) A penalty of up toseven thousand dollars ($7,000) shall be assessed for violating the postingrequirements, as required under the provisions of this Article.
(b) The Commissionershall adopt uniform standards that the Commissioner, the Commission, and thehearing examiner shall apply when determining appropriateness of the penalty.The following factors shall be used in determining whether a penalty isappropriate:
(1) Size of the businessof the employer being charged.
(2) The gravity of theviolation.
(3) The good faith ofthe employer.
(4) The record ofprevious violations; provided that for purposes of determining repeatviolations, only the record within the previous three years is applicable.
(5) Whether theviolation involves injury to an employee under 18 years of age.
The report of the hearing examinerand the report, decision, or determination of the Commission on appeal shallspecify the standards applied in determining the reduction or affirmation ofthe penalty assessed by the Commissioner.
(c) The clear proceedsof all civil penalties and interest recovered by the Commissioner, togetherwith the costs thereof, shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2. (1973, c. 295, s. 13; 1987 (Reg. Sess., 1988), c.1111, s. 12; 1989 (Reg. Sess., 1990), c. 844; 1991, c. 329, s. 1; c. 761, s.17; 1993, c. 474, s. 2; 1998‑215, s. 111; 2004‑203, s. 39(a); 2005‑133,s. 8; 2006‑39, s. 3; 2009‑351, s. 4.)
