Why Workplace Safety Violations Matter in North Carolina
Workplace safety violations are a leading cause of injury, illness, and death on the job in North Carolina. Whether it’s missing fall protection, unsafe machinery, or exposure to hazardous chemicals, these violations put workers at risk and cost employers in fines, claims, and lost productivity. Both state and federal laws require employers to keep workplaces free from recognized hazards that can cause serious physical harm. Understanding the most common violations, who regulates safety, and how to report unsafe conditions can help protect workers and hold employers accountable.
This blog explains common workplace safety violations in North Carolina, how to report them, and when to work with an experienced Charlotte workers’ compensation attorney.
Who Regulates Workplace Safety in North Carolina?
Workplace safety violations in North Carolina fall under both federal and state oversight. Employers must comply with specific safety and health regulations to protect workers from serious hazards and physical harm.
North Carolina is a State-Plan State
North Carolina operates its own Occupational Safety and Health (OSH) program under approval from the federal Occupational Safety and Health Administration (OSHA). This means the state is responsible for enforcing workplace safety standards in most private and public sector workplaces. The North Carolina Department of Labor (NCDOL), through its Occupational Safety and Health Division (NC OSH), carries out inspections, enforces regulations, and issues citations for safety violations.
Private Sector and Public Employers
NC OSH covers most private sector employers in North Carolina. It also regulates safety for state and local government workers. Federal OSHA retains jurisdiction over specific industries such as maritime, military bases, and federal agencies operating within the state. Employers must maintain a workplace free from recognized hazards that may cause serious physical harm or death.
Federal Oversight and OSHA Standards
Even though North Carolina has its own state plan, it must remain at least as effective as federal OSHA. OSHA standards for general industry, construction, and other sectors still apply unless the state has adopted stricter rules. These standards address key safety hazards like fall protection, machine guarding, respiratory protection, and hazard communication.
Role of NC Department of Labor
The NCDOL handles inspections, worker complaints, and follow-up inspections for prior violations. It can issue citations for willful violations, serious violations, and other safety issues. Employers must respond by correcting the hazard by the abatement date listed in the citation. Failure to do so can result in fines and additional enforcement.
Top Workplace Safety Violations in North Carolina
Some workplace safety violations occur more often than others in North Carolina. These violations put workers at risk of serious injury and lead to frequent citations from OSHA and NC OSH.
Fall Protection Violations
Fall protection is one of the most cited OSHA violations in North Carolina. This includes failure to provide guardrails, safety nets, or personal fall arrest systems. Workers in construction, roofing, and warehouse jobs are especially exposed to fall hazards. Employers must follow OSHA standards under 29 CFR 1926.501 to prevent serious physical harm from falls.
Hazard Communication Failures
Employers are required to inform workers about hazardous chemicals in the workplace. Violations happen when safety data sheets are missing, containers are not labeled, or workers are not trained on chemical risks. These are serious hazards that fall under the Hazard Communication Standard (29 CFR 1910.1200).
Respiratory Protection Violations
Improper use or lack of respiratory protection puts workers at risk in environments with dust, fumes, or airborne chemicals. Employers must have a written respiratory protection program and ensure that respirators are properly fitted and maintained. This is required under OSHA standard 29 CFR 1910.134.
Machine Guarding Issues
Machinery without proper guards can cause severe injuries. Common violations include missing barriers on moving parts or disabled safety devices. Machine guarding is covered by OSHA standard 29 CFR 1910.212 and applies across many general industry workplaces.
Personal Protective Equipment Violations
Personal protective equipment (PPE) such as safety glasses, gloves, and helmets must be provided by employers where required. Violations occur when PPE is not issued, is defective, or workers are not trained on its use. Lack of PPE exposes workers to physical harm and other safety risks.
Consequences of OSHA Violations
When an OSHA violation occurs, it can result in penalties, legal action, and increased risk to employee safety. Employers in North Carolina must understand the types of violations and the consequences tied to each.
Types of OSHA Violations
Violations are classified based on severity and intent. A serious violation happens when there is a clear risk of serious physical harm or death, and the employer knew or should have known about the hazard. A willful violation shows intentional disregard for safety laws or plain indifference to worker safety. De minimis violations are minor infractions with no direct impact on health or safety and do not carry fines. Each type determines how OSHA or NC OSH responds and enforces compliance.
Penalties and Fines
Fines vary depending on the classification. As of the latest figures, the maximum penalty for a serious or other-than-serious violation is $16,131 per violation. Willful or repeated violations can carry fines up to $161,323 per violation. These penalties are issued after inspections by OSHA or NC OSH. Fines increase for repeat offenses or if employers ignore required safety measures after a prior violation.
Corrective Actions and Abatement
When cited, employers must correct the hazard by the specified abatement date. This may involve training workers, fixing equipment, or revising safety protocols. OSHA may schedule follow up inspections to confirm abatement. Failure to comply can lead to more citations, increased fines, or even shutdowns for imminent danger.
Inspection and Enforcement Process
An inspection may be triggered by a worker complaint, targeted inspection, or after a severe injury. Inspectors review records, examine equipment, and interview workers. If they find violations, they issue an OSHA notice of citation. The employer has the right to contest the citation but must do so within a specific timeframe.
How to Identify and Report Workplace Safety Violations in NC
Recognizing and reporting workplace safety violations helps protect workers and prevent serious injury. North Carolina workers have the right to report unsafe conditions without fear of retaliation.
Spotting Unsafe Conditions
Workplace safety violations often involve missing safety measures, broken equipment, or a lack of personal protective equipment. Common warning signs include blocked emergency exits, exposed wiring, unguarded machines, or improper handling of hazardous chemicals. Employers must also meet training requirements and post required OSHA notices. Any workplace hazard that could cause serious physical harm should be reported.
Reporting a Violation
Workers can file a complaint with the North Carolina Department of Labor’s Occupational Safety and Health Division. Complaints can be submitted online, by mail, or by phone. Anonymous reports are allowed. Complaints should include details about the hazard, location, and type of work being done. The NC OSH Division may conduct a workplace inspection based on the report.
Legal Right to File a Complaint
Under N.C. Gen. Stat. § 95-136, employees have the right to report safety violations without facing discipline or discharge. Retaliation by an employer for reporting a workplace safety issue is illegal. Workers should document any threats or actions taken against them after filing a complaint.
Retaliation and Whistleblower Protection
If an employer takes action against a worker for reporting a violation, the worker can file a retaliation complaint under N.C. Gen. Stat. § 95-240 to 95-245. This includes firing, demotion, reduced hours, or other penalties. Workers must file this complaint within 180 days of the retaliation. The state may investigate and order remedies such as reinstatement or back pay.
Contact an Experienced Charlotte Workers’ Comp Attorney Today!
If you’ve been hurt because of unsafe working conditions or believe your employer has violated workplace safety laws, our team at 1Charlotte Injury Lawyers is here to help. An experienced Charlotte workers’ compensation attorney can review your case, explain your rights, and guide you through the claims process to pursue the compensation you deserve.
Contact us at (704) 706-2689 for a free claim review today!
