laborlaw
05-25-2005, 02:37 PM
Notice to Employees
Safety and Health on the Job (OSHA)
N.C. Department of Labor Responsibilities
The state of North Carolina has a federally approved program to administer the Occupational Safety and Health Act (OSHA) in North Carolina. This program is administered by the N.C. Department of Labor’s Division of Occupational Safety and Health (OSH).
As the OSHA administrator for this state, the OSH Division has the following responsibilities and powers:
• Employee Complaints—Employees or their representatives have the right to file an OSHA complaint any time they believe an unsafe or unhealthy condition exists in their workplace. Complaints dealing with an unsafe condition or should be made in a timely manner. Names of complainants will be kept confidential at their request.
Once an OSHA inspector has arrived at the workplace, employees have the right to point out conditions that they feel are unsafe or unhealthy. Any employer who retaliates in any way against an employee for filing a complaint or assisting an inspector is breaking the law. The Department of Labor will investigate and may prosecute employers who take such action.
• Inspections—The OSHA Division conducts workplace inspections for several reasons. They can be triggered by complaints, s or because that workplace has been randomly selected for a surprise inspection.
Inspections are conducted by trained and qualified safety officers and/or industrial hygienists. Authorized employer representatives and a
representative authorized by the site’s employees may accompany the inspector for the purpose of aiding the inspection. The inspector will talk privately to a reasonable number of employees during the inspection.
• Citations—Following an inspection, the employer may be cited for one or more violations of the OSHA standards. An OSHA citation may include a monetary penalty. It will always give the employer a set amount of time to correct the violation in order to avoid further action.
• Fines and Penalties—An employer can be fined up to $7,000 for each “serious” violation. A fine also can be assessed for a
“nonserious” violation. An additional maximum $7,000 penalty can be assessed for each day an employer fails to correct or abate a violation after the allotted time to do so has passed.
An employer who has been found to willfully violate an OSHA standard can be fined up to $70,000 per “willful” violation. This level of penalty can also be assessed against any employer who is found with a “repeated violation” at a worksite.
Criminal penalties may apply against employers who are found guilty of willfully violating any standard, rule or regulation that has resulted in an employee’s . If convicted of such a violation, the employer shall pay a penalty of up to $10,000 or be imprisoned for six months, or both. A repeated conviction of such a case doubles these penalties.
• OSHA Standards—The division adopts all federally mandated OSHA regulations, called standards.
The OSH Division can adopt these standards as written by the federal government or can rewrite them, as long as the new version is as strict or stricter, to meet state conditions.
The public may get a copy of any specific standard adopted by the OSHA Division free of charge or buy a collection of standards such as the “General Industry” or “Construction Industry” standards for a nominal cost.
Employer Rights and Responsibilities
Employers have a “general duty” to provide their employees with workplaces that are free of recognized hazards likely to cause serious injury or . Employers must comply with the OSHA safety and health standards adopted by the N.C. Department of Labor.
• Inspections—When an OSHA inspector arrives at an employer’s workplace to conduct an inspection, the employer has the right to see confirming identification. The employer can call the OSHA Division to check the inspector’s identity. An employer or the employer’s designated representative has the right and responsibility to accompany an OSHA inspector on an inspection of that employer’s workplace.
An employer has the legal right to refuse to allow an inspector to enter the workplace without an administrative inspection warrant. If this occurs, the inspector will obtain a warrant to conduct the inspection.
• Citations—If an OSHA inspection results in one or more citations, the employer is required to promptly and prominently display the citation at or near the place where the violation allegedly occurred. It must remain posted for three days or until the violation has been corrected or abated, whichever is longer. Please see the “N.C. Department of Labor Responsibilities” section of this poster for more inspection/citation details.
• Contesting Penalties—Once an employer has been cited, he or she may request an “informal conference” with OSHA officials to
discuss the amount of the penalty, abatement or other issues related to the citation. This request must be made within 15 working days (Monday through Friday, except holidays) after the citation is received.
The employer may choose to formally contest (by filing a “Notice of Contest”) the citation(s), in which case the matter is heard by the Safety and Health Review Board of North Carolina. This is an independent body that hears and decides on appeals entered by employers and employees concerning citations, abatement periods and penalties.
Employers wishing to know more about the procedures for filing a “Notice of Contest” should contact the Safety and Health Review Board
• Records and Reports—Employers with 11 or more employees, unless specifically exempted, are required to maintain updated
occupational injury and illness records of their employees. Recordkeeping forms and information concerning these requirements may be obtained from the Bureau of Education, Training and Technical Assistance
or illness requiring three or more employees to be hospitalized or that causes a ity must be reported to the OSHA Division within eight hours after it occurs. An employer can be fined up to $7,000 for failing to notify the division director of such an . To report an call the OSHA Division
Employee Rights and Responsibilities
Employees must comply with occupational safety and health standards, rules, regulations, and those orders issued under OSHA that relate to their own actions and conduct.
• Complaints—An employee has a basic right to make a complaint regarding workplace conditions he or she feels are unsafe, unhealthy or in violation of OSHAstandards. When an OSHA inspector is in an employee ’s workplace, that employee has a right to point out unsafe or unhealthy conditions, and to freely answer any questions asked by the inspector. When making a complaint, the employee may request that his or her name be kept confidential.
Any employer who retaliates against an employee for exercising any of these basic rights is breaking the law. Any employee who feels he or she has been retaliated against by an employer for such actions should contact the N.C. Department of Labor’s Employment Discrimination Bureau
• Contesting Procedures—Employees may contest any abatement period set as a result of an OSHA inspection at their workplace. An employee has the right to appear before the independent Safety and Health Review Board of North Carolina to contest the abatement period. Employees may take their appeals to the North Carolina Superior Court.
• Public Employees—Employees of state agencies and local governments are covered by OSHA and have exactly the same rights,
protections and responsibilities as employees in the private sector.
Other OSHA Information
• Federal Monitoring—The OSHA Division is monitored by the U.S. Department of Labor. Federal authorities ensure that continued state administration is merited. Any person who has a complaint about the state’s administration of OSHA
• Additional Information or Questions—Anyone having a question about any of the above information may write or call:
Division of Occupational Safety and Health
(Revised 03/03)
Safety and Health on the Job (OSHA)
N.C. Department of Labor Responsibilities
The state of North Carolina has a federally approved program to administer the Occupational Safety and Health Act (OSHA) in North Carolina. This program is administered by the N.C. Department of Labor’s Division of Occupational Safety and Health (OSH).
As the OSHA administrator for this state, the OSH Division has the following responsibilities and powers:
• Employee Complaints—Employees or their representatives have the right to file an OSHA complaint any time they believe an unsafe or unhealthy condition exists in their workplace. Complaints dealing with an unsafe condition or should be made in a timely manner. Names of complainants will be kept confidential at their request.
Once an OSHA inspector has arrived at the workplace, employees have the right to point out conditions that they feel are unsafe or unhealthy. Any employer who retaliates in any way against an employee for filing a complaint or assisting an inspector is breaking the law. The Department of Labor will investigate and may prosecute employers who take such action.
• Inspections—The OSHA Division conducts workplace inspections for several reasons. They can be triggered by complaints, s or because that workplace has been randomly selected for a surprise inspection.
Inspections are conducted by trained and qualified safety officers and/or industrial hygienists. Authorized employer representatives and a
representative authorized by the site’s employees may accompany the inspector for the purpose of aiding the inspection. The inspector will talk privately to a reasonable number of employees during the inspection.
• Citations—Following an inspection, the employer may be cited for one or more violations of the OSHA standards. An OSHA citation may include a monetary penalty. It will always give the employer a set amount of time to correct the violation in order to avoid further action.
• Fines and Penalties—An employer can be fined up to $7,000 for each “serious” violation. A fine also can be assessed for a
“nonserious” violation. An additional maximum $7,000 penalty can be assessed for each day an employer fails to correct or abate a violation after the allotted time to do so has passed.
An employer who has been found to willfully violate an OSHA standard can be fined up to $70,000 per “willful” violation. This level of penalty can also be assessed against any employer who is found with a “repeated violation” at a worksite.
Criminal penalties may apply against employers who are found guilty of willfully violating any standard, rule or regulation that has resulted in an employee’s . If convicted of such a violation, the employer shall pay a penalty of up to $10,000 or be imprisoned for six months, or both. A repeated conviction of such a case doubles these penalties.
• OSHA Standards—The division adopts all federally mandated OSHA regulations, called standards.
The OSH Division can adopt these standards as written by the federal government or can rewrite them, as long as the new version is as strict or stricter, to meet state conditions.
The public may get a copy of any specific standard adopted by the OSHA Division free of charge or buy a collection of standards such as the “General Industry” or “Construction Industry” standards for a nominal cost.
Employer Rights and Responsibilities
Employers have a “general duty” to provide their employees with workplaces that are free of recognized hazards likely to cause serious injury or . Employers must comply with the OSHA safety and health standards adopted by the N.C. Department of Labor.
• Inspections—When an OSHA inspector arrives at an employer’s workplace to conduct an inspection, the employer has the right to see confirming identification. The employer can call the OSHA Division to check the inspector’s identity. An employer or the employer’s designated representative has the right and responsibility to accompany an OSHA inspector on an inspection of that employer’s workplace.
An employer has the legal right to refuse to allow an inspector to enter the workplace without an administrative inspection warrant. If this occurs, the inspector will obtain a warrant to conduct the inspection.
• Citations—If an OSHA inspection results in one or more citations, the employer is required to promptly and prominently display the citation at or near the place where the violation allegedly occurred. It must remain posted for three days or until the violation has been corrected or abated, whichever is longer. Please see the “N.C. Department of Labor Responsibilities” section of this poster for more inspection/citation details.
• Contesting Penalties—Once an employer has been cited, he or she may request an “informal conference” with OSHA officials to
discuss the amount of the penalty, abatement or other issues related to the citation. This request must be made within 15 working days (Monday through Friday, except holidays) after the citation is received.
The employer may choose to formally contest (by filing a “Notice of Contest”) the citation(s), in which case the matter is heard by the Safety and Health Review Board of North Carolina. This is an independent body that hears and decides on appeals entered by employers and employees concerning citations, abatement periods and penalties.
Employers wishing to know more about the procedures for filing a “Notice of Contest” should contact the Safety and Health Review Board
• Records and Reports—Employers with 11 or more employees, unless specifically exempted, are required to maintain updated
occupational injury and illness records of their employees. Recordkeeping forms and information concerning these requirements may be obtained from the Bureau of Education, Training and Technical Assistance
or illness requiring three or more employees to be hospitalized or that causes a ity must be reported to the OSHA Division within eight hours after it occurs. An employer can be fined up to $7,000 for failing to notify the division director of such an . To report an call the OSHA Division
Employee Rights and Responsibilities
Employees must comply with occupational safety and health standards, rules, regulations, and those orders issued under OSHA that relate to their own actions and conduct.
• Complaints—An employee has a basic right to make a complaint regarding workplace conditions he or she feels are unsafe, unhealthy or in violation of OSHAstandards. When an OSHA inspector is in an employee ’s workplace, that employee has a right to point out unsafe or unhealthy conditions, and to freely answer any questions asked by the inspector. When making a complaint, the employee may request that his or her name be kept confidential.
Any employer who retaliates against an employee for exercising any of these basic rights is breaking the law. Any employee who feels he or she has been retaliated against by an employer for such actions should contact the N.C. Department of Labor’s Employment Discrimination Bureau
• Contesting Procedures—Employees may contest any abatement period set as a result of an OSHA inspection at their workplace. An employee has the right to appear before the independent Safety and Health Review Board of North Carolina to contest the abatement period. Employees may take their appeals to the North Carolina Superior Court.
• Public Employees—Employees of state agencies and local governments are covered by OSHA and have exactly the same rights,
protections and responsibilities as employees in the private sector.
Other OSHA Information
• Federal Monitoring—The OSHA Division is monitored by the U.S. Department of Labor. Federal authorities ensure that continued state administration is merited. Any person who has a complaint about the state’s administration of OSHA
• Additional Information or Questions—Anyone having a question about any of the above information may write or call:
Division of Occupational Safety and Health
(Revised 03/03)
