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2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-143 - Record keeping and reporting.

§ 95-143. Record keeping and reporting.
(a) Each employer shall make available to the Commissioner, or his agents, in such manner as the Commissioner shall require, copies of the same records and reports regarding his activities relating to this Article as are required to be made, kept, or preserved by section 8(c) of the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596) and regulations made pursuant thereto.
(b) Each employer shall make, keep and preserve and make available to the Commissioner such records regarding his activities relating to this Article as the Commissioner may prescribe by regulation as necessary and appropriate for the enforcement of this Article or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this section such regulations may include provisions requiring employers to conduct periodic inspections. The Commissioner shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep the employees informed of their protections and obligations under this Article, including the provisions of applicable standards. The Commissioner shall prescribe regulations requiring employers to maintain accurate records of, and to make reports at least annually on, work-related deaths, injuries and illnesses other than minor injuries requiring only first-aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
(c) The Commissioner shall issue regulations requiring employers to maintain accurate records of employee exposure to potentially toxic materials of [or] harmful physical agents which are required to be monitored or measured under this Article. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provisions for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable safety and health standard promulgated under this Article and shall inform any employee who is being thus exposed of the corrective action being taken.
(d) Any information obtained by the Commissioner or his duly authorized agents under this Article shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible. (1973, c. 295, s. 18; 1991 (Reg. Sess., 1992), c. 894, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-144 - Statistics.

§ 95-144. Statistics.
(a) In order to further the purposes of this Article, the Commissioner shall develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics. The Commissioner shall compile accurate statistics on work injuries and illnesses which shall include all disabling, serious or significant injuries or illnesses, whether or not involving loss of time from work, other than minor injuries requiring only first-aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. On the basis of records made and kept pursuant to the provisions of this Article, employers shall file such reports with the Commissioner as he shall prescribe by regulations and as may be necessary to carry out his functions.
(b) A listing of employment by area and industry of employers who have an assigned account number by the Division of Employment Security (DES) of the Department of Commerce of this State shall be supplied annually to the Commissioner by the DES. The listing of employment by area and industry shall contain at least the following: employer name; DES account number; indication of whether multiple or a single report unit; number of reporting units; average employment; establishment size code; geographical area; any four-digit code; and any other information deemed necessary by the Commissioner to meet federal reporting requirements. (1973, c. 295, s. 19; 2011-401, s. 5.1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-145 - Reports to the Secretary.

§ 95-145. Reports to the Secretary.
(a) The Commissioner shall require employers in the State to make reports to the Secretary in the same manner and to the same extent as if the plan in force under this Article were not in effect, and
(b) The Commissioner shall make such reports to the Secretary in such form and containing such information as the Secretary from time to time shall require. (1973, c. 295, s. 20.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-146 - Continuation and effectiveness of this Article.

§ 95-146. Continuation and effectiveness of this Article.
The Commissioner shall from time to time furnish to the Secretary information and assurances that this Article is being administered by adequate methods and by standards and enforcement procedures which are and will continue to be as effective as federal standards. (1973, c. 295, s. 21.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-147 - Training and employee education.

§ 95-147. Training and employee education.
(a) The Commissioner, after consultation with appropriate departments and agencies of the State and subdivisions of government, shall conduct, directly or by grants or contracts, (i) education programs to provide an adequate supply of qualified personnel to carry out the purposes of this Article, and (ii) informational, educational and training programs on the importance of and proper use of adequate safety and health equipment to encourage voluntary compliance.
(b) The Commissioner is also authorized to conduct, directly or by grants or contracts, short-term training of personnel engaged in work related to the Commissioner's responsibilities under this Article.
(c) The Commissioner shall provide employers and employees programs covering recognition, avoidance and prevention of unsafe and unhealthful working conditions in places of employment and shall advise employers and employees, or their representatives, [of] effective means to prevent occupational injuries and illnesses. (1973, c. 295, s. 22.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-148 - Safety and health programs of State agencies and local governments.

§ 95-148. Safety and health programs of State agencies and local governments.
It shall be the responsibility of each administrative department, commission, board, division or other agency of the State and of counties, cities, towns and subdivisions of government to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards and regulations promulgated under this Article. The head of each agency shall:
(1) Provide safe and healthful places and conditions of employment, consistent with the standards and regulations promulgated by this Article.
(2) Acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees.
(3) Consult with and encourage employees to cooperate in achieving safe and healthful working conditions.
(4) Keep adequate records of all occupational accidents and illnesses for proper evaluation and corrective action.
(5) Consult with the Commissioner as to the adequacy as to form and content of records kept pursuant to this section.
(6) Make an annual report to the Commissioner with respect to occupational accidents and injuries and the agency's program under this section.
The Commissioner shall transmit annually to the Governor and the General Assembly a report of the activities of the State agency and instrumentalities under this section. If the Commissioner has reason to believe that any local government program or program of any agency of the State is ineffective, the Commissioner shall, after unsuccessfully seeking by negotiations to abate this failure, include this in the Commissioner's annual report to the Governor and the General Assembly, together with the reasons therefor, and may recommend legislation intended to correct the condition.
The Commissioner shall have access to the records and reports kept and filed by State agencies and instrumentalities pursuant to this section unless such records and reports are required to be kept secret in the interest of national defense, in which case the Commissioner shall have access to such information as will not jeopardize national defense.
Employees of any agency or department covered under this section are afforded the same rights and protections as granted employees in the private sector.
This section shall not apply to volunteer fire departments not a part of any municipality.
Any municipality with a population of 10,000 or less may exclude its fire department from the operation of this section by a resolution of the governing body of the municipality, except that the resolution may not exclude those firefighters who are employees of the municipality.
The North Carolina Fire and Rescue Commission shall recommend regulations and standards for fire departments. (1973, c. 295, s. 23; 1983, c. 164; 1985, c. 544; 1989, c. 750, s. 3; 1991 (Reg. Sess., 1992), c. 1020, s. 1; 2014-115, s. 6.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-149 - Authority to enter into contracts with other State agencies and subdivisions of government.

§ 95-149. Authority to enter into contracts with other State agencies and subdivisions of government.
The Commissioner may enter into contracts with the Department of Health and Human Services or any other State officer or State agency or State instrumentality, or any municipality, county, or other political subdivision of the State, for the enforcement, administration, and any other application of the provisions of this Article. (1973, c. 295, s. 24; 1989, c. 727, s. 24; 1997-443, s. 11A.35.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-150 - Assurance of adequate funds to enforce Article.

§ 95-150. Assurance of adequate funds to enforce Article.
The Commissioner shall submit to the General Assembly a budget and request for appropriations to adequately administer this Article which shall be sufficient to give satisfactory assurance that this State will devote adequate funds to the administration and enforcement of the standards herein provided and the proper administration of this Article as required by federal standards. (1973, c. 295, s. 25.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-151 - Discrimination.

§ 95-151. Discrimination.
No employer, employee, or any other person related to the administration of this Article shall be discriminated against in any work, procedure, or employment by reason of sex, race, ethnic origin, or by reason of religious affiliation. (1973, c. 295, s. 26.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-152 - Confidentiality of trade secrets.

§ 95-152. Confidentiality of trade secrets.
All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this Article which contains or which might reveal a trade secret shall be considered confidential, as provided by section 1905 of Title 18 of U.S.C., except as to carrying out this Article or when it is relevant in any proceeding under this Article. In any such proceeding the Commissioner, the Commission, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. (1973, c. 295, s. 27; 2005-133, s. 9.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-154 - Authorization for similar safety and health federal-state programs.

§ 95-154. Authorization for similar safety and health federal-state programs.
Consistent with the requirements and conditions provided in this Article the State, upon the recommendation of the Commissioner of Labor and approval of the Governor, may enter into agreements or arrangements with other federal agencies for the purpose of administering occupational safety and health measures for such employees and employers within the State of North Carolina as may be covered by such federal safety and health statutes. (1973, c. 295, s. 29.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-155 - Construction of Article and severability.

§ 95-155. Construction of Article and severability.
This Article shall receive a liberal construction to the end that the safety and health of the employees of the State may be effectuated and protected. If any provision of this Article or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable. (1973, c. 295, s. 30.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-156 - Handling of dangerous antineoplastic agents.

§ 95-156. Handling of dangerous antineoplastic agents.
(a) The Commissioner of Labor shall adopt rules to establish requirements for the handling of antineoplastic agents in facilities where there is occupational exposure to antineoplastic agents.
(b) The rules adopted pursuant to this section shall be consistent with, but not exceed, the recommendations issued by the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), as contained in the Alert: Preventing Occupational Exposure to Antineoplastic and Other Hazardous Drugs in Health Care Settings, as published in 2004 and including subsequent amendments and editions. The Department's adoption of the rules may incorporate updates and changes to NIOSH's guidelines as made by CDC.
(c) Rules adopted pursuant to this section shall not apply to an entity that has obtained a permit pursuant to G.S. 90-85.21 or G.S. 90-85.21A.
(d) The Commissioner shall enforce these rules and investigate complaints in accordance with the provisions of this Article. (2014-76, s. 4.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 16 - Occupational Safety and Health Act of North Carolina. › § 95-157 - Carolina Star Program.

§ 95-157. Carolina Star Program.
(a) The Commissioner may adopt rules for the operation of the Carolina Star Program in a manner that will promote safe and healthy workplaces throughout the State. The rules for the Carolina Star Program adopted by the Commissioner shall pertain to the following matters:
(1) Upper management leadership and active and meaningful employee involvement.
(2) Systematic assessment of occupational hazards.
(3) Comprehensive hazard prevention, control, and mitigation programs.
(4) Employee safety and health training.
(5) Annual safety and health program evaluation.
(6) Star Annual Report.
(7) Attendance and active participation on Carolina Star Safety Conference Regional Teams and conference related activities.
(b) Applications for participation in the Carolina Star Program shall be submitted by the workplace's management. Applications shall include documentation establishing to the satisfaction of the Commissioner that the employer meets all standards for Carolina Star Program participation.
(c) The Department shall provide for on-site evaluations, as resources allow, by Carolina Star Program evaluation teams of each workplace that has applied to participate in the Carolina Star Program to determine if the applicant's workplace complies with the standards for Carolina Star Program participation.
(d) A workplace's continued participation in the Carolina Star Program shall be conditioned on meeting the requirements and expectations established by the Carolina Star Program Policies and Procedures Manual, Star Annual Report, and successful completion of periodic on-site evaluations conducted by the Carolina Star Program evaluation team.
(e) During periods in which a workplace is a participant in the Carolina Star Program, the workplace shall be exempt from inspections under G.S. 95-136; however, this exception shall not apply to inspections or investigations of the workplace arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents, or significant toxic chemical releases. (2017-211, s. 15(b).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-191 - Hazardous Substance List.

§ 95-191. Hazardous Substance List.
(a) All employers who manufacture, process, use, store, or produce hazardous chemicals, shall compile and maintain a Hazardous Substance List which shall contain all of the following information for each hazardous chemical stored in the facility in quantities of 55 gallons or 500 pounds, whichever is greater:
(1) The chemical name or the common name used on the SDS or container label.
(2) The maximum amount of the chemical stored at the facility at any time during a year, using the following ranges:
Class A, which includes quantities of less than 55 gallons or 500 pounds.
Class B, which includes quantities of between 55 gallons to 550 gallons, and quantities of between 500 pounds and 5,000 pounds.
Class C, which includes quantities of between 550 gallons and 5500 gallons, and quantities between 5,000 pounds and 50,000 pounds.
Class D, which includes quantities of greater than 5500 gallons or 50,000 pounds.
(3) The area in the facility in which the hazardous chemical is normally stored and to what extent the chemical may be stored at altered temperature or pressure.
(b) The Hazardous Substance List shall be updated quarterly if necessary, but not less often than annually; however, if a chemical is deleted from, or added to, the Hazardous Substance List, or if the quantity changes sufficiently to cause the chemical to be in a different class as defined in subsection (a) of this section, the employer shall update the Hazardous Substance List to reflect those changes as soon as practicable, but in any event within 30 days of such change.
(b1) In lieu of the information required by subdivisions (a)(1) through (a)(3), employers may substitute the information specified in section 312(d)(2) of the Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499.
(c) The Hazardous Substance List may be prepared for the facility as a whole, or for each area in a facility where hazardous chemicals are stored, at the option of the employer but shall include only chemicals used or stored in North Carolina. (1985, c. 775, s. 1; 1987, c. 489, s. 3; 2017-211, s. 14(e).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-192 - Safety data sheets.

§ 95-192. Safety data sheets.
(a) Chemical manufacturers and distributors shall provide safety data sheets (SDSs) to manufacturing and nonmanufacturing purchasers of hazardous chemicals in North Carolina for each hazardous chemical purchased.
(b) Employers shall maintain the most current SDS received from manufacturers or distributors for each hazardous chemical purchased. If an SDS has not been provided by the manufacturer or distributor for chemicals on the Hazardous Substance List at the time the chemicals are received at the facility, the employer shall request one in writing from the manufacturer or distributor within 30 days after receipt of the chemical. If the employer does not receive an SDS within 30 days after his written request, he shall notify the Commissioner of Labor of the failure by manufacturer or distributor to provide the SDS. (1985, c. 775, s. 1; 2017-211, s. 14(f).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-193 - Labels.

§ 95-193. Labels.
Existing labels on incoming containers of hazardous chemicals shall not be removed or defaced. All containers of hazardous substances must be clearly designated as hazardous. (1985, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-195 - Complaints, investigations, penalties.

§ 95-195. Complaints, investigations, penalties.
(a) Complaints of violations of this Part shall be filed in writing with the Commissioner of Labor. Such complaints received in writing from any Fire Chief relating to alleged violations of this Part shall be investigated in a timely manner by the Commissioner of Labor or his designated representative.
(b) Duly designated representatives of the Commissioner of Labor, upon presentation of appropriate credentials to the employer, shall have the right of entry into any facility at reasonable times to inspect and investigate complaints within reasonable limits, and in a reasonable manner. Following the investigation, the Commissioner shall make appropriate findings. Either the employer or the person complaining of a violation may request an administrative hearing pursuant to Chapter 150B of the General Statutes. This request for an administrative hearing shall be submitted to the Commissioner of Labor within 14 days following the Commissioner making his findings. The Commissioner shall within 30 days of receiving the request hold an administrative hearing in accordance with Article 3 of Chapter 150B of the General Statutes.
(c) If the Commissioner of Labor finds that the employer violated this Article, the Commissioner shall order the employer to comply within 14 days following receipt of written notification of the violation. Employers not complying within 14 days following receipt of written notification of a violation shall be subject to civil penalties of not more than one thousand dollars ($1,000) per violation imposed by the Commissioner of Labor. There shall be a separate offense for each day the violation continues. The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(d) Any order by the Commissioner under subsection (b) or (c) of this section shall be subject to judicial review as provided under Article 4 of Chapter 150B of the General Statutes. (1985, c. 775, s. 1; 1987, c. 489, s. 7; 1998-215, s. 112.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-196 - Employee rights.

§ 95-196. Employee rights.
No employer shall discharge, or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee at the facility because the employee has assisted the Commissioner of Labor or his representative or the Fire Chief or his representative who may make or is making an inspection under G.S. 95-194(c) or G.S. 95-195(b), or has testified or is about to testify in any proceeding under this Article, or has used the provisions of G.S. 95-208. (1985, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-198 - Medical emergency and nonemergency situations.

§ 95-198. Medical emergency and nonemergency situations.
(a) Where a treating health care provider determines that a medical emergency exists and the specific chemical identity of a hazardous chemical is necessary for emergency or first-aid treatment, the chemical manufacturer, importer, or employer shall immediately disclose the specific chemical identity of a hazardous substance trade secret substance to that treating physician or nurse, regardless of the existence of written statement of need or a confidentiality agreement. The chemical manufacturer, importer, or employer may require a written statement of need and a confidentiality agreement as soon as circumstances permit. The confidentiality agreement (i) may restrict the use of the information to the health purposes indicated in a written statement of need; (ii) may provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and (iii) may not include requirements for the posting of a penalty bond. The parties are not precluded from pursuing noncontractual remedies to the extent permitted by law.
(b) In nonemergency situations, a chemical manufacturer, importer, or employer shall, upon request, disclose a specific chemical identity, otherwise permitted to be withheld under this section, to a responsible party, as defined in the standards adopted in Title 13, Subchapter 7F of the North Carolina Administrative Code (13 NCAC 7F), providing medical or other occupational health services to exposed persons if the request is in writing and states the medical need for the information. The employer may require that the responsible party sign a confidentiality agreement prior to release of the information. The parties are not precluded from pursuing noncontractual remedies to the extent permitted by law.
(c) If the chemical manufacturer, importer or employer denies a written request for hazardous substance trade secret release, or does not provide this information within 30 days, the Department of Labor shall initiate the trade secret claim determination process under G.S. 95-197. (1985, c. 775, s. 1; 1998-217, s. 31.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-216 - Exemptions.

§ 95-216. Exemptions.
Notwithstanding any language to the contrary, the provisions of this Article shall not apply to chemicals in or on any of the following:
(1) Hazardous substances while being transported in interstate commerce into or through this State.
(2) Products intended for personal consumption by employees in the facilities.
(3) Retail food sale establishments and all other retail trade establishments in North American Industry Classification System Codes 44 through 45, exclusive of processing and repair areas, except that the employer must comply with the provisions of G.S. 95-194(a)(i).
(4) Any food, food additive, color additive, drug or cosmetic as such terms are defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301, et seq.).
(5) A laboratory under the direct supervision or guidance of a technically qualified individual provided that:
a. Labels on containers of incoming chemicals shall not be removed or defaced;
b. SDSs received by the laboratory shall be maintained and made accessible to employees and students;
c. The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes; and
d. The laboratory operator complies with the provisions of G.S. 95-194(a)(i).
(6) Any farming operation which employs 10 or fewer full-time employees, except that if any hazardous chemical in an amount in excess of 55 gallons or 500 pounds, whichever is greater, is normally stored at the farming operation, the employer must comply with the provisions of G.S. 95-194(a)(i).
(7) Any distilled spirits, tobacco, and untreated wood products.
(8) Medicines used directly in patient care in health care facilities and health care facility laboratories. (1985, c. 775, s. 1; 1987, c. 489, s. 8; 2017-211, s. 14(i).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-217 - Preemption of local regulations.

§ 95-217. Preemption of local regulations.
It is the intent of the General Assembly to prescribe this uniform system for the disclosure of information regarding the use or storage of hazardous chemicals. To that end, all units of local government in the State are preempted from exercising their powers to require disclosure, directly or indirectly, of information regarding the use or storage of hazardous chemicals by employers to any members of the public, or to any branch or agent of State or local government in any manner other than as provided for in this Article. This section does not preempt the enforcement of the provisions of any nationally recognized fire code that may be adopted by a unit of local government. (1985, c. 775, s. 1; 1987, c. 489, s. 9.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 18 - Identification of Toxic or Hazardous Substances. › § 95-218 - Severability.

§ 95-218. Severability.
The provisions of this Article are severable, and if any phrase, clause, sentence, or provision of this Article, or the application of any such phrase, clause, sentence or provision to any person, business entity or circumstances, other than those to which it was held invalid shall not be affected thereby. (1985, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19 - Migrant Housing Act of North Carolina. › § 95-222 - Short title; legislative purpose.

§ 95-222. Short title; legislative purpose.
(a) This Article may be cited as the "Migrant Housing Act of North Carolina."
(b) It is the purpose and policy of the General Assembly to conform migrant housing standards to, as much as reasonably possible, the Occupational Safety and Health Act of North Carolina, and to ensure safe and healthy migrant housing conditions. The General Assembly finds that the general welfare of the State requires the enactment of this law under the police power of the State. (1989, c. 91, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19 - Migrant Housing Act of North Carolina. › § 95-223 - Definitions.

§ 95-223. Definitions.
As used in this Article, unless the context requires otherwise:
(1) "Agricultural employment" means employment in any service or activity included within the provisions of Section 3(f) of the Fair Labor Standards Act of 1938, or section 3121(g) of the Internal Revenue Code of 1986; and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state and including the harvesting of Christmas trees, and the harvesting of saltwater crabs;
(2) "Commissioner" means the Commissioner of Labor of North Carolina;
(3) "Day" means a calendar day;
(3a) "Director" means the Director of the Agricultural Safety and Health Bureau, who is the agent designated by the Commissioner to assist in the administration of this Article.
(4) "Established federal standard" means those standards as set out in, and interpretations issued by, the Secretary of the United States Department of Labor in 29 C.F.R. 1910.142, as amended;
(5) "Migrant" means an individual, and his dependents, who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence;
(6) "Migrant housing" means any facility, structure, real property, or other unit that is established, operated, or used as living quarters for migrants;
(7) "Operator" means any person who owns or controls migrant housing; and
(8) "Person" means an individual, partnership, association, joint stock company, corporation, trust, or legal representative;
(9) "Substantive violation" means a violation of a safety and health standard, including those that provide fire prevention, and adequate and sanitary supply of water, plumbing maintenance, structurally sound construction of buildings, effective maintenance of those buildings, provision of adequate heat as weather conditions require, and reasonable protection for inhabitants from insects and rodents. A substantive violation does not include technical or procedural violations of safety and health standards. (1989, c. 91, s. 2; 1993, c. 300, s. 3; 2007-548, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19 - Migrant Housing Act of North Carolina. › § 95-224 - Scope; powers and duties.

§ 95-224. Scope; powers and duties.
(a) The provisions of this Article shall apply to all operators and migrants except:
(1) Any person who, in the ordinary course of that person's business, regularly provides housing on a commercial basis to the general public; and who provides housing to migrants of the same character and on the same or comparable terms and conditions as those provided to the general public; or
(2) A housing unit owned by one or more of the occupants and occupied solely by a family unit.
(b) The Commissioner shall have the following powers and duties under this Article:
(1) To delegate to the Director the powers, duties, and responsibilities necessary to ensure safe and healthy migrant housing conditions.
(2) To supervise the Director.
(3) To issue preoccupancy certificates to certify that housing for migrant workers has been found to be in compliance with this Article.
(4) To conduct postoccupancy inspections of migrant housing in accordance with the provisions of G.S. 95-226(g). (1989, c. 91, s. 2; 2007-548, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19 - Migrant Housing Act of North Carolina. › § 95-227 - Enforcement.

§ 95-227. Enforcement.
(a) For the purpose of enforcing the standards provided by this Article, the provisions of G.S. 95-129, G.S. 95-130 and G.S. 95-136 through G.S. 95-142 shall apply under this Article in a similar manner as they apply to places of employment under OSHANC; however, G.S. 95-129(4), 95-130(2), and 95-130(6) do not apply to migrant housing. For the purposes of this Article, the term:
(1) "Employer" in G.S. 95-129, G.S. 95-130 and G.S. 95-136 through G.S. 95-142 shall be construed to mean an operator.
(2) "Employee" shall be construed to mean a migrant.
(3) Repealed by Session Laws 2007-548, s. 5, effective August 31, 2007.
(b) The Commissioner may establish a new division to enforce this Article.
(c) The Department of Labor of North Carolina shall maintain a list of operators and the physical address of their migrant housing units, number of beds, and the date of the annual preoccupancy inspection and certification.
(d) The Department of Labor of North Carolina shall maintain a summary of any inspections filed annually with the Division that enforce this Article, including the number and type of citations issued and the violations found, if any.
(e) The Commissioner shall report no later than May 1 of each year to the Chairpersons of the Senate Appropriations Committee on Natural and Economic Resources, the Chairpersons of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division regarding the number of annual preoccupancy certifications issued, the number of operators with one hundred percent (100%) compliance at the preoccupancy inspection, the number of postoccupancy inspections conducted by the Department of Labor of North Carolina, the number and type of citations and fines issued, the total number of migrant worker beds in the State, and the identification of operators who fail to apply for or obtain permits to operate migrant housing pursuant to this Article. (1989, c. 91, s. 2; 1997-35, s. 1; 2007-548, s. 5; 2017-57, s. 14.1(pp).)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19 - Migrant Housing Act of North Carolina. › § 95-228 - Waiver of rights.

§ 95-228. Waiver of rights.
Agreements entered into by migrants to waive or to modify their rights under this Article shall be deemed void as contrary to public policy. A waiver or modification of rights by the Department of Labor of North Carolina shall be valid under this Article. (1989, c. 91, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19 - Migrant Housing Act of North Carolina. › § 95-229 - Construction of Article; severability.

§ 95-229. Construction of Article; severability.
This Article shall be liberally construed to the end that the safety and health of the migrants of this State may be effectuated and protected.
The provisions of this Article are severable, and if any provision of this Article is held invalid by a court of competent jurisdiction, the invalidity may not affect other provisions of the Article, which can be given effect without the invalid provision. (1989, c. 91, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19 - Migrant Housing Act of North Carolina. › § 95-229.1 - Actions upon finding uninhabitable migrant housing.

§ 95-229.1. Actions upon finding uninhabitable migrant housing.
If the Department of Labor of North Carolina determines that housing provided to migrants under this Article is uninhabitable, but is not reasonably expected to cause death or serious physical harm, the migrants shall be allowed to remain in the housing for a reasonable period, not to exceed 14 days, while the operator locates alternative housing or makes necessary repairs to make the housing habitable. No additional civil penalties arising from the condition of the housing shall be levied against the operator during the 14-day period after the housing has been determined to be uninhabitable in which the migrants are allowed to remain in the housing. The alternative housing shall be provided at the same rate or less than the rate paid by the migrants for the uninhabitable housing. If the Director determines, after recommendation by an inspector, that housing provided to migrants could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated, the migrants shall not be allowed to stay in the housing, and alternative housing shall be provided by the operator at the same rate or less than the rate paid by the migrants for the uninhabitable housing. (2007-548, s. 5.1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19A - Overhead High-Voltage Line Safety Act. › § 95-229.5 - Purpose; scope.

§ 95-229.5. Purpose; scope.
The purpose of this Article is to promote the safety and protection of persons engaged in work in the vicinity of high-voltage overhead lines. This Article defines the conditions under which work may be carried on safely and provides for the precautionary safety arrangements to be taken when any person engages in work in proximity to overhead high-voltage lines. (1995 (Reg. Sess., 1996), c. 587, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19A - Overhead High-Voltage Line Safety Act. › § 95-229.6 - Definitions.

§ 95-229.6. Definitions.
As used in this Article, unless the context requires otherwise:
(1) "Covered equipment" or "covered items" means any mechanical equipment, hoisting equipment, antenna, or rigging; any part of which is capable of vertical, lateral, or swinging motion that could cause any portion of the equipment or item to come closer than 10 feet to a high-voltage line during erection, construction, operation, or maintenance; including, but not limited to, equipment such as cranes, derricks, power shovels, backhoes, dump trucks, drilling rigs, pile drivers, excavating equipment, hay-loaders, haystackers, combines, irrigation equipment, portable grain augers or elevators, and mechanical cotton pickers. These terms also include items such as handheld tools, ladders, scaffolds, antennas, and outriggers, houses or other structures in transport, and gutters, siding, and other construction materials, the motion or manipulation of which could cause them to come closer than 10 feet to a high-voltage line.
(2) "High-voltage line" means all aboveground electrical conductors of voltage in excess of 600 volts measured between conductor and ground.
(3) "Person" means natural person, firm, business association, company, partnership, corporation, or other legal entity.
(4) "Person responsible for the work to be done" means the person performing or controlling the work that necessitates the precautionary safety measures required by this Article, unless the person performing or controlling the work is under contract or agreement with a governmental entity, in which case "person responsible for the work to be done" means that governmental entity.
(5) "Warning sign" means a weather-resistant sign of not less than five inches by seven inches with at least two panels: a signal panel and a message panel. The signal panel shall contain the signal word "WARNING" in black lettering and a safety alert symbol consisting of a black triangle with an orange exclamation point, all on an orange background. The message panel shall contain the following words, either in black letters on a white background or white letters on a black background: "UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN FEET OF OVERHEAD HIGH-VOLTAGE LINES – Contact with power lines can result in death or serious burns." A symbol or pictorial panel may also be added. Such warning sign language, lettering, style, colors, size, and format shall meet the requirements of the American National Standard ANSI Z535.4-1991, Product Safety Signs and Labels, or its successor or such equally effective standard as may be approved for use by the Commissioner of Labor. In the event of a conflict with regard to the appearance or content of the warning sign, the standard approved by the Commissioner of Labor shall take precedence over any description or standard set out in this subdivision. (1995 (Reg. Sess., 1996), c. 587, s. 1; 1998-193, s. 2.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19A - Overhead High-Voltage Line Safety Act. › § 95-229.8 - Warning signs.

§ 95-229.8. Warning signs.
(a) No person shall, individually or through an agent or employee or as an agent or employee, operate any covered equipment in the proximity of a high-voltage line unless warning signs are posted and maintained as follows:
(1) A sign shall be located within the equipment and readily visible and legible to the operator of such equipment when at the controls of such equipment; and
(2) Signs shall be located on the outside of equipment so as to be readily visible and legible at 12 feet to other persons engaged in the work operations.
This subsection shall not apply to handheld tools, handheld equipment, and other items which by their size or configuration cannot accommodate the warning signs specified in G.S. 95-229.6(5).
(b) If the Commissioner of Labor determines that a successor, substitute, or additional sign standard may or shall be used in place of the requirements listed in G.S. 95-229.6, a period of not less than 18 months from such determination shall be allowed for any required replacement of signs. (1995 (Reg. Sess., 1996), c. 587, s. 1; 1998-193, s. 4.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19A - Overhead High-Voltage Line Safety Act. › § 95-229.11 - Exemptions.

§ 95-229.11. Exemptions.
(a) This Article shall not apply to the construction, reconstruction, operation, and maintenance of overhead electrical or communication circuits or conductors and their supporting structures and associated equipment of the following systems, provided that such work on any of the following systems is performed by the employees of the owner or operator of the systems or independent contractors engaged on behalf of the owner or operator of the systems to perform the work, and the owner of the system has a valid joint-use contract or agreement with the owner of the high-voltage lines:
(1) Rail transportation systems;
(2) Electrical generating, transmission, or distribution systems;
(3) Communications systems, including cable television; or
(4) Any other publicly or privately owned system, including traffic signals.
(b) This Article also shall not apply to electrical or communications circuits or conductors on the premises of coal or other mines which are subject to the provisions of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. § 801, et seq.) and regulations adopted pursuant to that Act by the Mine Safety and Health Administration. (1995 (Reg. Sess., 1996), c. 587, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19A - Overhead High-Voltage Line Safety Act. › § 95-229.12 - Application.

§ 95-229.12. Application.
Nothing in this Article shall relieve any person from complying with any safety rule, regulation, or statute not imposed by this Article. A violation of this Article shall not constitute negligence or contributory negligence, nor give rise to any cause of action based upon injury to persons or property. An action may be brought by an owner or operator of a high-voltage line to recover the cost of precautionary safety arrangements or for damage to its facilities. Nothing contained in this Article shall be construed to alter, amend, restrict, or limit the liability of any person for violation of that person's duty under law; nor shall any person be relieved from liability as a result of violations of standards under existing law where such violations of existing standards of care are found to be a cause of damage to property, personal injury, or death. (1995 (Reg. Sess., 1996), c. 587, s. 1.)
2023 North Carolina General Statutes › Chapter 95 - Department of Labor and Labor Regulations › Article 19A - Overhead High-Voltage Line Safety Act. › § 95-229.13 - Severability.

§ 95-229.13. Severability.
The provisions of this Article are severable. If any part of this Article is declared invalid or unconstitutional, such declaration shall not affect the remainder. (1995 (Reg. Sess., 1996), c. 587, s. 1.)