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For the General Public

Section 95-136(d)(1) of the North Carolina Safety and Health Act, provides as follows:  any employee or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that  imminent danger exists, may request an inspection by giving notice of such violation or danger to the Commissioner or Director.  Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and then shall be signed by the employee or representative of employees, and a copy shall be provided the employer or his agent no later than at the time of inspection.  Upon request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to subsection (e) of this section.  If upon receipt of such notification the Commissioner or Director determines there are reasonable grounds to believe that such violation or danger exists, the Commissioner or Director shall make a special investigation in accordance with the provisions of this section as soon as practicable to determine if such violation or danger exists.  If the Commissioner or Director determines there are not reasonable grounds to believe that a violation or danger exists, he shall notify the employee or representative of the employees in writing of such determination.

NOTE:  The Retaliatory Employment Discrimination Act provides that no person shall discharge or discriminate against any employee because that employee has filed a complaint.

Instructions:
Fill in the form as accurately and completely as possible.  Describe each hazard you think exists in as much detail as you can.  If the hazards described in your complaint are not all in the same area, please identify where each hazard can be found at the worksite.  If there is any particular evidence that supports your suspicion that a hazard exists (for instance, a recent accident or physical symptoms of employees at your site) include the information in your description.

Punishment for unlawful statements

Potential complainants should keep in mind that it is unlawful to make false statements, representations, or certifications associated with any complaint (NCGS §95-139). Violations of this statute are a Class 2 misdemeanor in the state of North Carolina and are punishable by a fine of up to $10,000.

Return to Complaint Form

 

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