Raleigh, NC — The North Carolina Department of Labor will no longer reduce employer penalties in cases involving worker deaths.
Under a directive issued by Commissioner Luke Farley on April 29, “penalties assessed for violations that are a proximate cause of a fatality shall not be adjusted. All other violations found during the inspection may be adjusted for size, good faith and history, unless prohibited by other exceptions.”
Effective immediately, the directive reverses a decadeslong policy known as the “death discount,” which mirrored one from federal OSHA that, depending on the size of the business, reduced penalties after a worker death. In some instances, employer penalties were cut by as much as 70%, according to an NCDOL press release.
“When a fatality occurs due to workplace safety failures, our response must reflect the gravity of that loss – fully and without dilution,” Farley said in the release.
The agency emphasizes that civil penalties are a key enforcement tool that reinforces workplace safety standards, deters negligence and ensures employers meet their legal obligations to keep workers safe.
Farley acknowledged concerns from small businesses about the change but said compliance assistance is a more appropriate path than reduced accountability.
“The right way to support small businesses is through education, outreach and resources that help them operate safely,” Farley said. “Discounting the value of a human life does not serve workers or employers.”
