§ 95-139. Criminal penalties. - North Carolina Statutes

§ 95‑139.  Criminalpenalties.

(a)        Any employer whowillfully violates any standard, rule, regulation or order promulgated pursuantto the authority of this Article, and the violation causes the death of anyemployee 18 years of age or older, shall be guilty of a Class 2 misdemeanor,which may include a fine of not more than ten thousand dollars ($10,000).

(b)        Any employer whowillfully violates any standard, rule, regulation, or order promulgatedpursuant to the authority of this Article, and the violation causes the deathof any employee under 18 years of age, shall be guilty of a Class 2misdemeanor, which may include a fine of not more than twenty thousand dollars($20,000).

(c)        If an employer isconvicted of more than one violation of subsection (a) or (b) of this section,the subsequent violation shall be penalized as follows:

(1)        The employer shallbe guilty of a Class 1 misdemeanor which may include a fine of not more thantwenty thousand dollars ($20,000) if the subsequent violation results in the deathof an employee 18 years of age or older.

(2)        The employer shallbe guilty of a Class 1 misdemeanor which may include a fine of not more thanforty thousand dollars ($40,000) if the subsequent violation results in thedeath of an employee under 18 years of age.

(d)        This section shallnot prevent any prosecuting officer of the State of North Carolina fromproceeding against such employer on a prosecution charging any degree ofwillful or culpable homicide. Any person who gives advance notice of any inspectionto be conducted under this Article, without authority from the Commissioner,Director, or any of their agents to whom such authority has been delegated,shall be guilty of a Class 2 misdemeanor.

(e)        Whoever knowinglymakes any false statement, representation, or certification in any application,record, report, plan, or any other document filed or required to be maintainedpursuant to this Article, shall be guilty of a Class 2 misdemeanor, which mayinclude a fine of (i) not more than ten thousand dollars ($10,000) forfalsifications pertaining to employees 18 years of age or older or (ii) notmore than twenty thousand dollars ($20,000) for falsifications pertaining toemployees under 18 years of age.

(f)         Whoever shallcommit any kind of assault upon or whoever kills a person engaged in or onaccount of the performance of investigative, inspection, or law‑enforcementfunctions shall be subject to prosecution under the general criminal laws ofthe State and upon such charges as the proper prosecuting officer shall chargeor allege.  (1973,c. 295, s. 14; 1993, c. 539, s. 671; 1994, Ex. Sess., c. 24, s. 14(c); 2009‑351,s. 5.)