Brooks v. McWhirter Grading Co., Inc.

CARLTON, Justice.

I

The facts leading to this controversy are as follows: On 21 April 1977 James W. Stephens, a safety officer with the Occupational Safety and Health Division of the North Carolina Department of Labor [hereinafter “OSHANC”], made an inspection visit to respondent’s work site at a shopping center on Tyvola Road in Charlotte. At the time of Mr. Stephens’ visit respondent’s foreman, Mr. Leatherman, and two other employees were working on a storm sewer trench. The entire trench was about forty-five feet long, but only ten to twelve feet of the trench remained open. The trench had…