A BILL TO BE ENTITLED
AN ACT to make technical changes to the Occupational safety and health act and to enhance the penalty if a willful violation of the act causes an employee's death.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 95‑138 reads as rewritten:
"§ 95‑138.  Civil penalties.
						
(a)	The Commissioner, upon recommendation of the Director, may assess penalties against any employer who violates the requirements of this Article, or any standard, rule, or order promulgated pursuant to this Article, as follows:
(1)	A minimum penalty of five thousand dollars ($5,000) to a maximum penalty of seventy thousand dollars ($70,000) for each willful or repeat violation;
(2)	A maximum penalty of seven thousand dollars ($7,000) for each nonserious or serious violation;
(3)	A maximum penalty of seven thousand dollars ($7,000) for each day that an employer fails to correct and abate a violation, within the period allowed for its correction and abatement which period shall not begin to run until the date of the final Order of the Board in the case of any appeal proceedings in this Article initiated by the employer in good faith and not solely for the delay of avoidance of penalties;
(4)	A maximum penalty of seven thousand dollars ($7,000) for violating the posting requirements, as required under the provisions of this Article; and
(5)	A minimum penalty of five thousand dollars ($5,000) to a maximum penalty of one hundred thousand dollars ($100,000) for each willful or repeat violation which results in the death of an employee or employees. The penalty for a fatality-related violation shall be in lieu of any penalty under subdivision (1) of this subsection.
(b)	The Commissioner shall adopt uniform standards which the Commissioner, the Board, and the hearing examiner shall apply when determining appropriateness of the penalty. The following factors shall be used in determining whether a penalty is appropriate:
(1)	Size of the business of the employer being charged,
(2)	The gravity of the violation,
(3)	The good faith of the employer, and
(4)	The record of previous violations; provided that for purposes of determining repeat violations, only the record within the previous three years is applicable.
The report of the hearing examiner and the report, decision, or determination of the Board on appeal shall specify the standards applied in determining the reduction or affirmation of the penalty assessed by the Commissioner.
(c)	The clear proceeds of all civil penalties and interest recovered by the Commissioner, together with the costs thereof, shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."
SECTION 2.  This act becomes effective January 1, 2004, and applies to violations occurring on or after that date.