Notice to employees

              Safety and Health ( 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, Division
of Occupational Safety and Health ( OSH).
The OSH Division has the following responsibilities
and powers:
• Inspections— The OSH Division conducts workplace
inspections for several reasons. Inspections can be
triggered by complaints, accidents or because the
workplace has been randomly selected for an inspec-tion.
Complaints about an unsafe condition or acci-dent
should be made in a timely manner.
Inspections are conducted by trained and qualified
safety officers and/ or industrial hygienists. Authorized
employer representatives and an authorized employee
representative 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. The employer always will be given a
timetable to correct the violation 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 addition-al
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
“ repeat 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
death. 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 OSHAregulations, called standards. The OSH
Division can adopt these standards verbatim 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 OSH Division free of charge or buy a
collection of standards such as the “ General Industry”
or “ Construction Industry” standards for a nominal cost.
Write the division or call 1- 800- 625- 2267 or ( 919) 807-
2875 for more information.
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 death. Employers
must comply with the OSHA safety and health standards
adopted by the department.
• Inspections— When an OSH inspector arrives at an
employer’s workplace to conduct an inspection, the
employer has the right to see confirming identifica-tion.
The employer can call the OSH Division to
check the inspector’s identity. An employer has the
legal right to refuse to allow an inspector to enter the
workplace without an administrative inspection war-rant.
If this occurs, the inspector will obtain a warrant
to conduct the inspection.
Any employer who retaliates in any way against an
employee for filing a complaint or assisting an
inspector is breaking the law. The department will
investigate and may prosecute employers who take
such action.
• Citations— If an OSH inspection results in one or more
citations, the employer is required to promptly and
prominently display the citation( s) at or near the place
where the violation allegedly occurred. It must remain
posted for three days or until the violation has been cor-rected
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 OSH officials to discuss the penalty, abatement
or other issues related to the citation. This request
must be made within 15 working days ( Monday
through Friday, except state holidays) after the cita-tion
is received.
The employer may choose to formally contest ( by fil-ing
a “ Notice of Contest”) the citation( s), in which
case the matter is referred to the N. C. Occupational
Safety and Health Review Commission. The Review
Commission is an independent body that hears and
decides contestments by employers and employees
concerning citations, abatement periods and penalties.
Employers wishing to know more about the proce-dures
for filing a “ Notice of Contest” should contact
the Review Commission. Telephone ( 919) 733- 3589.
Web site: www. oshrb. state. nc. us.
• 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, N. C. Department of Labor,
1101 Mail Service Center, Raleigh, NC 27699- 1101.
Telephone 1- 800- 625- 2267 or ( 919) 807- 2875.
• Reporting Accidents— Any on- the- job accident or
illness requiring three or more employees to be hospi-talized
or that causes a fatality must be reported to the
OSH Division within eight hours after it occurs. An
employer can be fined up to $ 7,000 for failing to noti-fy
the OSH Division of such an accident. To report an
accident, call the OSH Division at 1- 800- 625- 2267 or
( 919) 807- 2796 during normal working hours. After
hours, call the State Capitol Police at ( 919) 733- 4646.
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 right to make a
complaint regarding workplace conditions he or she
believes are unsafe, unhealthy or in violation of
OSHA standards. When an OSH 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.
To make a complaint, call 1- 800- 625- 2267 or
( 919) 807- 2796. Additionally, complaints can be
made online at www. nclabor. com.
• Contesting Procedures— Employees may contest
any abatement period set as a result of an OSH inspec-tion
at their workplace. An employee has the right to
appear before the Review Commission 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 the
same rights, protections and responsibilities as
employees in the private sector.
Other OSHA Information
• Federal Monitoring— The OSH 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 may contact the Regional
Office of the U. S. Department of Labor, 61 Forsyth St.
S. W., Suite 6T50, Atlanta, GA 30303.
• Additional Information or Questions— Anyone
having a question about any of the above information
may write or call:
N. C. Department of Labor
Division of Occupational Safety and Health
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2796
Fax: ( 919) 807- 2856
E- mail: ask. osh@ nclabor. com
www. nclabor. com
Wage and Hour Act
Minimum Wage: $ 6.15 per hour. Certain full-time
students may be paid 90 percent of the minimum
wage, rounded to the lowest nickel.
An employer may pay as little as $ 3.13 per hour to tipped
employees so long as each employee receives enough in
tips to make up the difference between the wages paid and
the minimum wage. Employees must be allowed to keep
all tips, except that pooling is permitted if no employee’s
tips are reduced more than 15 percent. The employer must
keep an accurate and complete record of tips as certified
by each employee for each pay period. Without these
records, the employer may not be allowed the tip credit.
Some employers and employees are exempt from the
state minimum wage provisions.
Overtime
Time and one- half must be paid after 40 hours of work
in any one workweek, except after 45 hours at seasonal
recreational and amusement establishments. The state
overtime provision does not apply to some employers
and employees who are exempt.
Youth Employment
Rules for all youths under 18 years old are: Youth
employment certificates ( YEC) are required. To obtain a
YEC, please visit our Web site at www. nc. labor. com.
Work in hazardous, detrimental or prohibited jobs is not
permitted.
Additional rules for 16- and 17- year- olds are: No work
between 11 p. m. and 5 a. m. when there is school the next
day. Exception: When the employer gets written permis-sion
from the youth’s parents and principal.
Additional rules for 14- and 15- year- olds are:
Where work can be performed: Retail businesses, food
service establishments, service stations and offices of
other businesses. Work is not permitted in manufactur-ing,
mining or construction, or with power- driven
machinery, or on the premises of a business holding an
ABC permit for the on- premises sale or consumption of
alcoholic beverages; except that youths at least 14 years
of age can work on the outside grounds of the premises
with written consent from a parent or guardian as long
as the youth is not involved with the preparation, serv-ing,
dispensing or sale of alcoholic beverages.
Maximum hours per day: Three on school days; eight
if a non- school day.
Maximum hours per week: 18 when school is in ses-sion;
40 when school is not in session.
Hours of the day: May work only between 7 a. m. and
7 p. m. ( 9 p. m. from June 1 through Labor Day).
Breaks: 30- minute breaks are required after any peri-od
of five consecutive hours of work.
Additional rules for youths under 14 years old are:
Work is generally not permitted except when working
for the youth’s parents; in newspaper distribution to con-sumers;
modeling; or acting in movie, television, radio
or theater production.
These state youth employment provisions do not apply
to farm, domestic or government work.
Wage Payment
Wages are due on the regular payday. If requested, final
paychecks must be mailed. When the sum of wages is in
dispute, the employer’s payment of the undisputed por-tion
cannot restrict the right of the employee to continue
a claim for the rest of the wages.
Employees must be notified of paydays, pay rates, poli-cies
on vacation and sick leave, and of commission,
bonus and other pay matters. Employers must notify
employees in writing or through a posted notice main-tained
in a place accessible to its employees of any
reduction in the rate of promised wages at least 24 hours
prior to such change.
Deductions from paychecks are limited to those required
by law and those agreed to in writing on or before pay-day.
If the written authorization that the employee signs
does not specify a dollar sum, the employee must receive
prior to payday ( 1) written notice of the actual sum to be
deducted, ( 2) written notice of their right to withdraw the
authorization, and ( 3) be given a reasonable opportunity
to withdraw the authorization. The written authorization
or written notice may be given in an electronic format,
provided the requirements of the Uniform Electronic
Transactions Act ( Chapter 66, Article 40 of the N. C.
General Statutes) are met.
The withholding or diversion of wages owed for the
employer’s benefit may not be taken if they reduce
wages below the minimum wage. No reductions may be
made to overtime wages owed.
Deductions for cash or inventory shortages or for loss or
damage to an employer’s property may not be taken
unless the employee receives seven days’ advance notice.
This seven- day rule does not apply to these deductions
made at termination. An employer may not use fraud or
duress to require employees to pay back protected sums.
If the employer provides vacation pay plans to employees,
the employer shall give vacation time off or payment in
lieu of time off, as required by company policy or practice.
Employees must be notified in writing or through a posted
notice of any company policy or practice that results in the
loss or forfeiture of vacation time or pay. Employees not so
notified are not subject to such loss or forfeiture.
The wage payment provisions apply to all private- sector
employers doing business in North Carolina. The wage
payment provisions do not apply to any federal, state or
local agency or instrumentality of government.
Complaints
The department’s Wage and Hour Bureau investigates
complaints and collects back wages plus interest if they
are due to the employee. The state of North Carolina
may bring civil or criminal actions against the employ-er
for violations of the law. The employee may also sue
the employer for back wages. The court may award
attorney’s fees, costs, liquidated damages and interest.
Anyone having a question about the Wage and Hour Act
may write or call:
N. C. Department of Labor
Wage and Hour Bureau
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2796
Fax: ( 919) 807- 2786
E- mail: ask. wageandhour@ nclabor. com
www. nclabor. com
Right- to- Work Laws
North Carolina is a “ right- to- work” state, which means
that the right of a person to work cannot be denied or
abridged because that person belongs— or does not
belong— to a labor union. In addition, an employer can-not
require any person, as a condition of employment or
continuation of employment, to pay any dues, fees or
other charges of any kind to a labor union. Also, an
employer cannot enter into an agreement with a labor
union whereby ( 1) non- union members are denied the
right to work for the employer, ( 2) membership is made
a condition of employment or continuation of employ-ment,
or ( 3) the labor union acquires an employment
monopoly in any enterprise.
NCDOL does not have any enforcement authority of
these laws, but if you have any questions, contact the
Regional Office of the National Labor Relations Board
(“ NLRB”) at the following address and phone number:
NLRB— Region 11 Office
Republic Square
4035 University Parkway, Suite 200
Winston- Salem, NC 27106- 3325
( 336) 631- 5201
Employment Discrimination
The department’s Employment Discrimination Bureau
( EDB) enforces the Retaliatory Employment
Discrimination Act ( REDA). Employees involved in the
following activities are protected from retaliation or dis-crimination
by their employer:
• Workers’ Compensation Claims
• Wage and Hour Complaints
• Occupational Safety and Health Complaints
• Mine Safety and Health Complaints
• Genetic Testing
• Sickle Cell or Hemoglobin Carriers
• N. C. National Guard Service
• The Juvenile Justice System
• Victims of Domestic Violence
Employers who have questions about the application of
REDA, or employees who believe they have been dis-criminated
or retaliated against, should contact the EDB
information officer:
N. C. Department of Labor
Employment Discrimination Bureau
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2831
Fax: ( 919) 807- 2824
E- mail: ask. edb@ nclabor. com
www. nclabor. com
All complaints must be made within 180 days of the
date of retaliation.
N. C. Department of Labor
Notice to Employees
1- 800- NC- LABOR
( 1- 800- 625- 2267)
THIS NOTICE MUST BE POSTED CONSPICUOUSLY. THIS POSTER IS AVAILABLE FREE OF CHARGE
TO ALL NORTH CAROLINA WORKPLACES. CALL 1- 800- 625- 2267 or ( 919) 807- 2796.
Printed 12/ 06
50,000 copies of this public document were printed at a cost of $ 17,385.63 or $. 34 per copy.
N. C. Department of Labor Internet Address:
www. nclabor. com
Cherie K. Berry
Commissioner of Labor
All employees of this business suffering work- related injuries or
illnesses may be entitled to workers’ compensation benefits
from the employer or its insurance carrier, except specifically
excluded executive officers.
In Case of Illness or Injury:
The Employee Should:
• Immediately give the employer notice in writing of injury or
occupational disease. Failure to inform the employer within
30 days after an injury or the development of most occupa-tional
diseases, or the refusal to accept medical services pro-vided
by the employer, may deprive the employee of the right
to compensation.
• File claim with the Industrial Commission within two years
of the accidental injury or two years after the death, disabil-ity
or disablement caused by an occupational disease ( The
Commission’s Form 18 may be used to give notice to
employer and to file a claim). In case of fatal injury, claim
must be filed by one or more dependents or next of kin of
the deceased employee within two years after such death.
• If no agreement is reached with the employer with regard to
payment of compensation for injury or occupational disease,
or if a disagreement develops over compensation due,
the employee should promptly request the Industrial
Commission to hold a hearing to decide the issues. Benefits
may be denied if the request is made more than two years
after the date of injury or last payment of cash compensation.
The Employer Should:
• Provide all necessary medical, surgical, hospital and rehabili-tation
services reasonably required to effect a cure, give relief
and lessen the period of the employee’s disability ( N. C. G. S.
§ 97- 25). Keep a record and report to insurance carrier/ com-pensation
administrator ALL injuries suffered by its employ-ees
on the Commission’s Form 19. The employer, or the car-rier/
administrator on its behalf, must mail a Form 19 report to
the Industrial Commission within five days of the occurrence
or report of an injury causing more than one day’s absence
from work or $ 2,000 or more in medical treatment, other than
treatment provided at the workplace ( N. C. G. S. § 97- 92).
• Pay compensation in accordance with the provisions of the
Workers’ Compensation Act for disability. Agreements
between employer and employee to pay compensation must
be submitted to the Industrial Commission for approval.
N. C. INDUSTRIAL COMMISSION
4340 Mail Service Center
Raleigh, NC 27699- 4340
( 919) 807- 2500
Unemployment Insurance
NCDOL does not handle matters relating to unemployment
insurance. If you would like information about unemploy-ment
insurance policies or procedures, please contact the
local Employment Security Office or the N. C. Employment
Security Commission at:
N. C. Employment Security Commission, Unemployment
Insurance Division, P. O. Box 25903, Raleigh, NC 27611-
5903, 1- 866- 278- 3822; www. ncesc. com.
Workers’ Compensation Notice and Instructions to Employers and Employees ( Form 17)
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