In a significant legal dispute involving workplace safety, Berry Global, Inc. has found itself at odds with the Commissioner of Labor of the State of North Carolina following a severe accident on its premises. The case was filed by Berry Global, Inc. in the Court of Appeals of North Carolina on November 19, 2025, against the Commissioner of Labor. This appeal stems from an incident where an employee was seriously injured while working at Berry Global’s facility in Monroe, North Carolina.
The roots of this legal battle trace back to February 23, 2020, when an employee suffered injuries due to a mold falling on them as they cleaned it. Following this accident, Ted Hendrix from the Occupational Safety and Health Division conducted an inspection starting February 27, 2020. As a result of his findings, Berry Global was cited for not having adequate procedures for controlling hazardous energy during certain activities—a violation deemed “serious” under federal regulations (29 CFR 1910.147(c)(4)(i)). Consequently, Berry Global faced a $5,000 fine.
Berry Global contested this citation through various legal channels but faced setbacks along the way. During an April 2022 hearing before the North Carolina Safety and Health Review Commission, Officer Hendrix testified about his inspection process and presented evidence including notes and reports generated using OSHA Express software. Despite objections from Berry Global regarding hearsay and relevance claims about these documents, the commission admitted them into evidence.
In subsequent proceedings that included appeals to both the full Occupational Safety and Health Review Commission and Wake County Superior Court—wherein Berry sought to introduce new evidence alleging procedural misconduct by compliance officers—the courts consistently upheld previous rulings against Berry Global. Specifically, they denied introducing additional evidence purportedly showing a practice by compliance officers to destroy handwritten notes post-transfer into digital systems like OSHA Express.
The core argument from Berry hinged on due process rights being violated due to these alleged practices; however, courts have dismissed such claims as insufficiently substantiated or irrelevant within current procedural contexts. With no substantial right shown as jeopardized by existing orders or decisions made thus far—and potential remedies still available post-final judgment—the appellate court found no grounds for immediate appeal.
Legal representation for both parties includes Fisher & Phillips LLP attorneys Travis W. Vance and Caroline E. Cheek advocating for Berry Global while Special Deputy Attorney General Stacey A. Phipps represents the Commissioner of Labor under Attorney General Jeff Jackson’s office. The case was presided over by Judge Clayton D. Somers in Wake County Superior Court with Judges Gore and Stading concurring in dismissal due to lack of subject matter jurisdiction under Case ID No: COA25-410.
Source: COA25410_Berry_Global_Inc_v_Commissioner_of_Labor_of_the_State_of_North_Carolina_Opinion_North_Carolina_Court_of_Appeals.pdf
