North Carolina OSHA increases penalties

When it comes to workplace safety compliance, the federal Occupational Safety and Health Administration (OSHA) has jurisdiction over most of the country. North Carolina is different, however. Through its state Occupational Safety and Health Division (NCOSHD), the North Carolina Department of Labor (DOL) makes sure employers comply with safety and health regulations.

North Carolina’s state plan

North Carolina is one of 22 state plans that cover both private sector and state and local government workers. State plans are monitored by federal OSHA and must be at least as effective as federal OSHA regulations in protecting workers and in preventing work-related injuries, illnesses, and deaths.

This means that North Carolina’s regulations are most often identical to federal OSHA requirements. There is sometimes a lag, however, as North Carolina has its own regulatory approval process that must be followed. One example of this is the penalty amounts that can be assessed for safety violations.

Penalties increase

On January 15, 2022, the penalties for federal OSHA violations were increased. This increase follows legislation from 2015 that automatically adjusts penalties each year based on cost-of-living increases. Penalties in North Carolina remained the same, however.

That is, until October 1, 2022, when the North Carolina minimum and maximum civil penalties associated with occupational safety and health standard violations were increased to match the federal increases.