§ 95-256. Penalties. - North Carolina Statutes

§ 95‑256.  Penalties.

(a)        The Commissionermay levy a civil penalty, not to exceed the amounts listed as follows, for aviolation of this Article:

Employerswith 10 or less employees                                                               $    2,000

Employerswith 11‑50 employees                                                                    $    5,000

Employerswith 51‑100 employees                                                                    $10,000

Employerswith more than 100 employees                                                         $25,000.

(b)        The Commissioner,in determining the amount of the penalty, shall consider the nature of theviolation, whether it is a first or subsequent violation, and the steps takenby the employer to remedy the violation upon discovery of the violation.

(c)        An employer mayappeal a penalty levied by the Commissioner pursuant to this section to theNorth Carolina Occupational Safety and Health Review Commission subject to theprocedures and requirements applicable to contested penalties under Article 16of this Chapter. The determination of the Commission shall be final unlessfurther appeal is made to the courts under the provisions of Chapter 150B ofthe General Statutes.

(d)        All civil penaltiesand interest recovered by the Commissioner, together with any costs, shall bepaid into the General Fund of the State. (1991 (Reg. Sess., 1992), c. 962, s. 1; 2005‑133,s. 1; 2006‑226, s. 30.)