reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0400 - CONTROLLED DRINKING PROGRAMS › Section 41B .0402 - AUTHORIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person may
				  conduct a controlled-drinking program without special authorization from the
				  Director if such program is either under the supervision of a public agency or
				  institution or presented with the participation of a public employee possessing
				  a valid permit from the Director to perform chemical analyses of breath or
				  blood and participation by the permittee has been authorized by his
				  superiors.
(b) Any other person
				  desiring to conduct a controlled-drinking program under the authority of these
				  regulations must apply for authorization from the Director. The Director may
				  grant the authorization if it appears that the proposed controlled-drinking
				  program or series of programs will be conducted in a manner so as to minimize
				  danger or annoyance to the public on the part of the drinking subjects and that
				  the program or series of programs will in general further the bona fide
				  objectives of the chemical testing programs within this state. Request for such
				  authority shall be submitted so as to reach the Director at least 10 days prior
				  to the proposed controlled-drinking program or the initial program of a
				  proposed series.
Authority
					 G.S.
					 20-139.1(g);
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. January 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0400 - CONTROLLED DRINKING PROGRAMS › Section 41B .0403 - HANDLING ALCOHOLIC BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Alcoholic beverage intended for use in a controlled-drinking program authorized
				  under these regulations shall be procured from alcoholic beverage control
				  stores, from the North Carolina Alcoholic Beverage Control Commission, or from
				  retail establishments duly licensed to sell wine or malt beverages. Each
				  purchase shall be covered by a requisition, bill of sale, or other record
				  evidence, showing the date, place of purchase, type of alcoholic beverage, and
				  the quantity.
(b) An individual
				  procuring alcoholic beverage for use in a controlled-drinking program shall be
				  of lawful age to buy alcoholic beverages.
(c) Alcoholic beverages required for use in a
				  specific controlled-drinking program shall be procured on the basis of
				  estimated requirements and wherever feasible procured just prior to its
				  use.
Authority
					 G.S.
					 20-139.1(g);
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; January 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0400 - CONTROLLED DRINKING PROGRAMS › Section 41B .0404 - QUANTITY LIMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person handling alcoholic beverages in a manner
					 consonant with the bona fide objectives of an authorized controlled-drinking
					 program may possess and transport such alcoholic beverage wherever necessary or
					 desirable in furtherance of the objectives of the program within the quantity
					 limits specified in this Rule. Any person handling alcohol beverages in
					 conjunction with a controlled-drinking program shall handle such beverages in
					 accordance with
					 G.S.
					 18B-303.
If the cap or seal on any container of alcoholic beverage
					 has been opened or broken, such container may not be transported in the
					 passenger area of a motor vehicle.
Authority
					 G.S.
					 20-139.1(g);
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; January 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0400 - CONTROLLED DRINKING PROGRAMS › Section 41B .0405 - EXCESS OF QUANTITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  responsible for the handling of alcoholic beverages in connection with an
				  authorized controlled-drinking program may procure, possess, and transport
				  alcoholic beverages in excess of the quantities allowed by Rule .0404 of this
				  Section provided the person or his employer holds a valid permit from the North
				  Carolina Alcoholic Beverage Control Commission. Request for such a permit shall
				  be forwarded to the Director, indicating the need for the permit, location of
				  the testing program, the quantity and type alcoholic beverage to be procured
				  and transported, and the name of the agency or individual to whom the permit
				  should be issued.
(b) Where a
				  series of controlled-drinking programs are proposed, the request for the permit
				  may generally state the nature, extent, and possible locations of such programs
				  and the over-all duration of the series. Permits shall not be valid for more
				  than one year. The Director shall forward such requests to the North Carolina
				  Alcoholic Beverage Control Commission with appropriate recommendations
				  concerning the issuance of each permit.
Authority
					 G.S.
					 20-139.1(g);
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; January 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0400 - CONTROLLED DRINKING PROGRAMS › Section 41B .0406 - RESTRICTED USE OF ALCOHOLIC BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				  not being used, all alcoholic beverages shall be stored in a safe place, if
				  possible under lock and key.
(b)
				  Alcoholic beverages procured for use in a controlled-drinking program shall be
				  used only for this purpose. Malt beverages, unfortified wine, fortified wine or
				  spirituous liquor shall not be given or otherwise administered to anyone under
				  21 years of age.
(c) Any person,
				  agency, or institution conducting a controlled-drinking program is authorized
				  to store such quantities of alcoholic beverages as may be required for the
				  conduct of the program.
Authority
					 G.S.
					 20-139.1(g);
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1986; October 1, 1983; January 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0400 - CONTROLLED DRINKING PROGRAMS › Section 41B .0407 - RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person,
				  agency, or institution acquiring alcoholic beverages for use in a
				  controlled-drinking program pursuant to these Rules shall keep records
				  accounting for the disposition of all alcoholic beverages so acquired. Such
				  records shall be made available for inspection upon the request of any federal
				  or state law enforcement officer with jurisdiction over the laws relating to
				  alcohol or alcoholic beverages.
(b)
				  As a minimum, records on alcoholic beverages procured for use in
				  controlled-drinking programs will show the following:
(1) the date, place, type, and quantity of
				  alcoholic beverages procured;
(2)
				  the date and quantities of alcoholic beverages, by type, dispensed for
				  controlled-drinking purposes;
(3) a
				  running inventory, showing the quantity of each type alcoholic beverage on
				  hand.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0500 - ALCOHOL SCREENING TEST DEVICES › Section 41B .0501 - SCREENING TESTS FOR ALCOHOL CONCENTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  This Section governs the requirement of
				  G.S.
				  20-16.3 that the Department examine devices
				  suitable for use by law enforcement officers in making on-the-scene tests of
				  drivers for alcohol concentration and that the Department approve these devices
				  and their manner of use. In examining devices for making chemical analyses, the
				  Department finds that at present only screening devices for testing the breath
				  of drivers are suitable for on-the-scene use by law enforcement
				  officers.
(b) This Section does not
				  address or in any way restrict the use of screening tests for impairment other
				  than those based on chemical analyses, including various psychophysical tests
				  for impairment.
Authority
					 G.S.
					 20-16.3;
					 20-16.3A;
Eff.
					 February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2007; October 1, 1993; October 1, 1983; January 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0500 - ALCOHOL SCREENING TEST DEVICES › Section 41B .0502 - APPROVAL: ALCOHOL SCREENING TEST DEVICES: USE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Alcohol
				  screening test devices that measure alcohol concentration through testing the
				  breath of individuals are approved on the basis of results of evaluations by
				  the Forensic Tests for Alcohol Branch. Devices shall meet the minimum
				  requirements as set forth in the Department specifications for Alcohol
				  Screening Test Devices. Evaluations are not limited in scope and may include
				  any factors deemed appropriate to insure the accuracy, reliability, stability,
				  cost, and ease of operation and durability of the device being evaluated. On
				  the basis of evaluations to date, approved devices are listed in
				  10A NCAC
				  41B .0503 of this Section.
(b) When the validity of an alcohol screening
				  test of the breath of a driver administered by a law enforcement officer
				  depends upon approval by the Department of the test device and its manner of
				  use, the test shall be administered as follows:
(1) The officer shall determine that the
				  driver has removed all food, drink, tobacco products, chewing gum and other
				  substances and objects from his mouth. Dental devices or oral jewelry need not
				  be removed.
(2) Unless the driver
				  volunteers the information that he has consumed an alcoholic beverage within
				  the previous 15 minutes, the officer shall administer a screening test as soon
				  as feasible. If a test made without observing a waiting period results in an
				  alcohol concentration reading of 0.08 or more, the officer shall wait five
				  minutes and administer an additional test. If the results of the additional
				  test show an alcohol concentration reading more than 0.02 under the first
				  reading, the officer shall disregard the first reading.
(3) The officer may request that the driver
				  submit to one or more additional screening tests.
(4) In administering any screening test, the
				  officer shall use an alcohol screening test device approved under
				  10A NCAC
				  41B .0503 of this Section in accordance with
				  the operational instructions supplied by the Forensic Tests for Alcohol Branch
				  and listed on the device.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0500 - ALCOHOL SCREENING TEST DEVICES › Section 41B .0503 - APPROVED ALCOHOL SCREENING TEST DEVICES: CALIBRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The following breath alcohol screening test devices are approved as to type and
				  make:
(1) ALCO-SENSOR (with two-digit
				  display), manufactured by Intoximeters, Inc.
(2) ALCO-SENSOR III (with three-digit
				  display), manufactured by Intoximeters, Inc.
(3) ALCO-SENSOR IV, manufactured by
				  Intoximeters, Inc.
(4) ALCO-SENSOR
				  FST, manufactured by Intoximeters, Inc.
(5) S-D2, manufactured by CMI, Inc.
(6) S-D5, manufactured by CMI, Inc.
(7) ALCO-SENSOR III (Enhanced with Serial
				  Numbers above 1,200,000), manufactured by Intoximeters, Inc.
(8) ALCO-SENSOR FST (Enhanced with Serial
				  Numbers 200,000 and higher), manufactured by Intoximeters, Inc.
(9) LIFELOC FC10, manufactured by Lifeloc
				  Technologies, Inc.
(10) INTOXILYZER
				  500, manufactured by CMI, Inc.
(11)
				  ALCOVISOR MERCURY, manufactured by PAS International.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0100 - GENERAL › Section 41C .0102 - ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Occupational Health Section shall conduct programs to help obtain a safe and
				  healthy workplace. The activities shall include at least the following:
(1) support the North Carolina Industrial
				  Commission in meeting the legislative mandate assigned to evaluate and control
				  incidences of asbestosis and silicosis in dusty trades;
(2) supply program consultation services to
				  North Carolina employers to evaluate hazardous conditions and recommend
				  solutions and improvements;
(3)
				  provide occupational health nursing consultation to industries, academia,
				  health care and related agencies and affiliated professions;
(4) evaluate health conditions in places of
				  employment;
(5) implement the
				  Asbestos Hazard Management Program in Section .0600 of these Rules;
(6) implement the Occupational Health
				  Surveillance Section .0700 of these Rules.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0200 - DUSTY TRADES PROGRAM › Section 41C .0204 - EXPIRED - ADVISORY MEDICAL COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-69;
					 97-73;
					 130A-5(3);
Eff. September 15, 1980;
Amended Eff. February 1, 1990; December 1,
					 1980;
Expired Eff. March 1, 2019 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0200 - DUSTY TRADES PROGRAM › Section 41C .0206 - EXPIRED - FEES FOR MEDICAL EXAMS IN DUSTY TRADES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-72(b);
Temporary Adoption Eff. January 8, 1992 for a Period of 180 Days to Expire on
					 July 5, 1992;
Eff. March 2, 1992;
Temporary Amendment
					 Eff. February 10, 1998;
Amended Eff. April 1, 1999;
Expired Eff. March 1, 2019 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0300 - INDUSTRIAL HYGIENE CONSULTATION PROGRAM › Section 41C .0302 - SURVEYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Occupational Health Section shall conduct consultative industrial hygiene
				  surveys in the workplace. Such surveys shall include the following elements:
(1) An on-site survey of the potential health
				  problem;
(2) Air samples with
				  submission to the state laboratory for analysis or the test may be made with
				  on-site evaluation and interpretation;
(3) Calculation of laboratory or on-site
				  results, and a written report citing the findings of the survey and
				  recommending feasible controls for the particular industry.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0300 - INDUSTRIAL HYGIENE CONSULTATION PROGRAM › Section 41C .0303 - POTENTIAL HEALTH HAZARDS

Current through Register Vol. 39, No. 2, July 15, 2024
The industrial hygiene consultative staff may evaluate
					 existing controls of potential industrial health hazards and may recommend
					 improvements upon request by the industry.
Authority
					 G.S.
					 130A-5(3);
Eff.
					 September 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0300 - INDUSTRIAL HYGIENE CONSULTATION PROGRAM › Section 41C .0304 - REPEALED - TRAINING AND TECHNICAL ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-5(3);
Eff.
					 September 15, 1980;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0300 - INDUSTRIAL HYGIENE CONSULTATION PROGRAM › Section 41C .0305 - RESEARCH

Current through Register Vol. 39, No. 2, July 15, 2024
The industrial hygiene consultative staff may conduct
					 research, such as epidemiological studies concerning diseases that arise in and
					 out of the work environment during the course of employment.
Authority
					 G.S.
					 130A-5(3);
Eff.
					 September 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0300 - INDUSTRIAL HYGIENE CONSULTATION PROGRAM › Section 41C .0306 - FEE TO COVER TRANSPORTATION COSTS

Current through Register Vol. 39, No. 2, July 15, 2024
Employers who voluntarily request industrial hygiene
					 consultation services or occupational consultation services from the
					 Occupational Health Section shall be charged a fee of two hundred dollars
					 ($200.00) per on-site inspection to cover the transportation costs of
					 responding to the request.
Authority
					 G.S.
					 130A-5(13);
Eff.
					 January 1, 1984;
Amended Eff. September 1, 1990; October 1,
					 1985;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0400 - OCCUPATIONAL HEALTH NURSING CONSULTATION PROGRAM › Section 41C .0401 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The occupational health nursing consultation program shall
					 provide occupational health nursing consultation to industries, academia,
					 health care and related agencies and affiliated professions.
Authority
					 G.S.
					 130A-5(3);
Eff.
					 September 15, 1980;
Amended Eff. September 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0400 - OCCUPATIONAL HEALTH NURSING CONSULTATION PROGRAM › Section 41C .0402 - ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
The responsibilities of the occupational health nursing
					 consultant shall include at least the following:
(1) answering requests from private firms or
				  state and local governments expressing interest in initiating, providing or
				  improving occupational health services;
(2) offering program consultation to staff of
				  established occupational health units in industry by responding to requests for
				  visits and by initiating visits;
(3) providing program consultation to
				  agencies, organizations and colleges and universities in planning and
				  coordinating conferences, seminars and continuing education courses for
				  occupational health nurses as indicated by a needs assessment;
(4) compiling and distributing educational
				  and informational material to the occupational health nurses in North
				  Carolina;
(5) promoting
				  occupational health and excellence in occupational health nursing
				  standards.
Authority
					 G.S.
					 130A-5(3);
					 130A-5(5);
Eff. September 15, 1980;
Amended Eff. September 1, 1991; September
					 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0603 - APPROVAL OF TRAINING COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  Rule .0602 of this Section, applicants for accreditation and reaccreditation
				  are required to successfully complete training courses approved by the Program.
				  Training courses:
(1) Required or recommended
				  by 40 CFR Part 763, Subpart E, Appendix C and approved for a specific training
				  provider by the Environmental Protection Agency or by a state with an
				  Environmental Protection Agency-approved accreditation program, or by a state
				  that has a written reciprocating agreement with the Program and meeting the
				  requirements under Paragraph (g) of this Rule shall be deemed approved by the
				  Program unless approval is suspended or revoked in accordance with Paragraph
				  (I) of this Rule;
(2) Required or
				  recommended under 40 CFR Part 763, Subpart E, Appendix C and having no prior
				  Program approval as specified in Subparagraph (a)(1) of this Rule shall meet
				  the requirements of 40 CFR Part 763, Subpart E, Appendix C, I and III, and this
				  Rule; or
(3) Other than those
				  covered in Subparagraphs (1) and (2) of this Paragraph which are required for
				  North Carolina accreditation purposes shall meet the requirements of this Rule.
				  Roofing worker or roofing supervisor courses taught prior to the effective date
				  of these Rules and after August 10, 1994, that met the requirements of Rule
				  .0611 of this Section shall be considered acceptable for accreditation
				  purposes.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0604 - ASBESTOS MANAGEMENT PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All Local
				  Education Agencies as defined in 40 CFR Part 763, Subpart E shall submit
				  Asbestos Management Plans for school buildings to the Program on forms provided
				  by the Program. Asbestos Management Plans shall meet the requirements contained
				  in 40 CFR Part 763, Subpart E.
(b)
				  In addition to the requirements in Paragraph (a) of this Rule, the management
				  plan shall identify, locate, classify, quantify, and assess asbestos containing
				  building materials.
(c) All Local
				  Education Agencies shall submit to the Program, within 120 days of the actual
				  on-site reinspection, the Asbestos Hazard Emergency Response Act reinspection
				  reports as required under 40 CFR Part 763, Subpart E. These reports shall be
				  submitted on forms provided by the Program.
(d) All inspectors and management planners
				  developing management plans and reinspection reports under the Asbestos Hazard
				  Emergency Response Act shall comply with all requirements of 40 CFR Part 763,
				  Subpart E and the rules of this Section.
Authority
					 G.S.
					 130A-5(3);
					 130A-445;
					 P.L.
					 99-519;
Temporary Rule Eff. November
					 1, 1989 for a period of 180 days to expire on April 30, 1990;
Eff.
					 February 1, 1990;
Amended Eff. October 1, 1994; August 1,
					 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0605 - ASBESTOS CONTAINING MATERIALS REMOVAL PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No person
				  shall remove more than 35 cubic feet (1 cubic meter), 160 square feet (15
				  square meters) or 260 linear feet (80 linear meters) of regulated asbestos
				  containing material, without a permit issued by the Program. This permitting
				  requirement is applicable to:
(1) individual
				  removals that exceed the threshold amounts addressed in this
				  Paragraph;
(2) nonscheduled
				  asbestos removals conducted at an installation that exceed the threshold
				  amounts addressed in this Paragraph in a calendar year of January 1 through
				  December 31. Other asbestos abatement activities are exempt from the permit
				  requirements of
				  G.S.
				  130A-449.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0606 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The fee required by
				  G.S.
				  130A-450 shall be submitted with an
				  application for the asbestos containing material removal permit. The fees shall
				  be as follows:
(1) Fees for the removal of
				  floor tiles, cementitious asbestos containing wallboard or panels and asbestos
				  containing roofing material shall be one percent of the contract price or ten
				  cents ($0.10) per square foot, whichever is greater;
(2) Fees for the removal of ceiling tiles
				  shall be one percent of the contract price or ten cents ($0.10) per square
				  foot, whichever is greater;
(3)
				  Fees for the removal of surfacing material, thermal system insulation and other
				  asbestos containing materials shall be one percent of the contract price or
				  twenty cents ($0.20) per square or linear foot, whichever is greater;
(4) Fees for demolition shall be a maximum of
				  three hundred dollars ($300.00). Demolition, for the purposes of this Rule
				  only, means the act of razing a building or structure, or portion thereof, to
				  the ground. Removal of regulated asbestos containing material from any
				  undemolished portion of a building or structure shall be permitted as an
				  individual asbestos removal; and
(5) An owner of any single family dwelling in
				  which the owner resides or will reside after the asbestos removal is complete
				  is exempt from permit fees. A permit shall not be issued until the required fee
				  is paid.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0607 - ASBESTOS EXPOSURE STANDARD FOR PUBLIC AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The maximum
				  allowable ambient asbestos level in the air for public areas shall be:
(1) 0.01 fibers per cubic centimeter as
				  analyzed by phase contrast microscopy, or
(2) arithmetic mean of less than or equal to
				  70 structures per millimeter square as analyzed by transmission electron
				  microscopy, or
(3) a Z-Test result
				  that is less than or equal to 1.65 as analyzed by transmission electron
				  microscopy.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0608 - TRAINING COURSE INSTRUCTOR QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  person seeking approval as an instructor for courses covered under 40 CFR Part
				  763, Subpart E, Appendix C, Rule .0603(a)(3) and .0611 of this Section shall
				  meet the applicable requirements listed in this Rule.
(b) All training course providers shall
				  submit to the Program the following:
(1) a
				  completed application on a form provided by the Program and available at
https://epi.dph.ncdhhs.gov/asbestos/healthaz.html
.
				  A completed application form shall include the following information:
(A) name, address, and telephone number of
				  the applicant;
(B) name, address
				  and telephone number of the training provider that is employing the
				  applicant;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0609 - ASBESTOS NESHAP FOR RENOVATIONS AND DEMOLITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  owner or operator of a renovation or demolition activity, as defined in
				  40 CFR
				  61.141, shall comply with all applicable
				  requirements of the Asbestos National Emission Standards for Hazardous Air
				  Pollutants (NESHAP) for renovations and demolitions as found in 40 CFR Part 61,
				  Subparts A and M. 40 CFR Part 61, Subparts A and M are hereby incorporated by
				  reference, including any subsequent amendments and editions. This document is
				  available for inspection at the Division of Public Health, 1915 Mail Service
				  Center, Raleigh, North Carolina 27699-1915. Copies may be obtained free of
				  charge by writing the Division of Public Health, 1915 Mail Service Center,
				  Raleigh, North Carolina 27699-1915.
(b) All reports, applications, submittals,
				  and other communications required to be submitted under Paragraph (a) of this
				  Rule shall be submitted to the Director, Division of Epidemiology, rather than
				  to the Environmental Protection Agency, except that such asbestos NESHAP
				  documents pertaining to renovations and demolitions within local air pollution
				  program jurisdictions shall be submitted to the local program.
Authority
					 G.S.
					 130A-451;
Temporary Adoption Eff.
					 November 8, 1994 for a period of 180 days or until the permanent rule becomes
					 effective, whichever is sooner;
Eff. January 1, 1995;
Amended Eff. July 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0610 - LOCAL AIR POLLUTION PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall authorize local air pollution programs
					 certified as of October 1, 1994, pursuant to
					 G.S.
					 143-215.112 to enforce the asbestos NESHAP
					 for renovations and demolitions so long as the local program maintains its
					 certification pursuant to
					 G.S.
					 143-215.112.
Authority
					 G.S.
					 130A-452;
Temporary Adoption Eff.
					 November 8, 1994 for a period of 180 days or until the permanent rule becomes
					 effective, whichever is sooner;
Eff. January 1, 1995;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0611 - REQUIREMENTS FOR ASBESTOS ROOFING TRAINING COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Pursuant to Rule .0602 of this Section, applicants for accreditation and
				  reaccreditation as a roofing worker or roofing supervisor are required to
				  successfully complete a training course approved by the Program under this
				  Rule. Initial and refresher training courses for roofing workers and roofing
				  supervisors shall meet requirements of this Rule and Rule .0603 of this
				  Section.
(b) Initial training
				  courses for roofing workers shall be at least one day in length and cover the
				  following topics:
(1) Physical
				  characteristics of asbestos, including the identification of asbestos, the
				  aerodynamic characteristics, and the typical uses of asbestos in roofing
				  materials;
(2) Health effects
				  related to asbestos exposure, including the nature of asbestos related
				  diseases, the routes of exposures, the dose-response relationship, the lack of
				  a safe exposure level, the latency period, cigarette smoking and asbestos
				  exposure, medical surveillance programs, and information on smoking cessation
				  programs;
(3) State-of-the art work
				  practices, including proper work techniques to minimize fiber release, removal
				  procedures for cement roofing products versus built-up roofing products,
				  discussion of prohibited work practices, wetting, hand tools, power tools, HEPA
				  vacuumed tools, waste disposal procedures, and controlling access to work
				  areas;
(4) Personal protection
				  equipment, including the classes and characteristics of respirator types,
				  limitations, proper selection, inspection, donning, use and storage procedures
				  for respirators, fit testing, components of a proper respiratory protection
				  program, selection and use and storage of non-disposable clothing, hard hats,
				  safety glasses, and non-slip shoes;
(5) Personal hygiene, including entry and
				  exit procedure for the work area, avoidance of eating, smoking, and chewing in
				  the work area, and potential exposures, such as family exposures;
(6) Safety practices and hazard prevention
				  during removal of roofing materials and emergency procedures, including hazards
				  posed by wet working conditions, electrical hazards, slips, trips, heat/cold
				  stress, falls, and scaffold and ladder hazards; and
(7) Review of state, federal, and local rules
				  and regulations, including, an overview of the asbestos regulations under the
				  National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61,
				  Subpart M), Occupational Safety and Health Act (29 CFR 1926.1101),
				  these Rules, and other pertinent rules and regulations.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0700 - OCCUPATIONAL HEALTH SURVEILLANCE › Section 41C .0701 - DEFINITION

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply in this Section:
(1) "Elevated blood lead level" means a blood
				  lead of > 0 µg/dL.
(2)
				  "Non-elevated blood lead level" means all blood lead levels that are 0
				  µg/dL or an undetectable amount.
Authority
					 G.S.
					 130A-455;
Eff. January 4, 1994;
Readopted Eff. January 1, 2020.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0700 - OCCUPATIONAL HEALTH SURVEILLANCE › Section 41C .0702 - REPORTABLE DISEASES, ILLNESSES, AND INJURIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  following named diseases, illnesses, and injuries are declared to be dangerous
				  to the public health and shall be reported by a physician within the time
				  period specified after the disease, illness, and injury is diagnosed:
(1) asbestosis - 15 business days;
(2) silicosis - 15 business days;
(3) elevated blood lead levels for persons
				  aged 16 years of age and above - 15 business days;
(4) injuries caused by tractors, farm
				  equipment, or farm machinery that occur while working on a farm and require
				  medical care - 15 business days;
(5) carbon monoxide poisoning - 15 business
				  days.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0700 - OCCUPATIONAL HEALTH SURVEILLANCE › Section 41C .0703 - METHOD OF REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a
				  physician makes a report of a disease, illness, injury, or elevated blood lead
				  level for persons aged 16 years of age and above pursuant to
				  G.S.
				  130A-456 or a medical facility makes such a
				  report pursuant to
				  G.S.
				  130A-457, the report shall be made to the
				  Occupational and Environmental Epidemiology Branch as follows:
(1) The report shall be made on the
				  surveillance forms provided by the Occupational and Environmental Epidemiology
				  Branch and shall include the following information:
(A) The name, address, telephone number, date
				  of birth, race, ethnicity, gender, and job title of the person;
(B) The name, address, telephone number, and
				  type of business of the person's employer;
(C) The name of the disease, illness, or
				  injury being reported; and
(D) The
				  name, address, and telephone number of the physician, laboratory, or medical
				  facility.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0800 - LEAD-BASED PAINT HAZARD MANAGEMENT PROGRAM › Section 41C .0801 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to
				  the definitions found in 40 CFR Part 745 Subpart D and Subpart L, the following
				  definitions shall apply throughout this Section:
(1) "Accredited training course" means a lead
				  training course accredited by the Program.
(2) "Accredited training provider" means a
				  training provider who is accredited by the Program, and who provides accredited
				  training courses.
(3) "Design"
				  means a written or graphic plan prepared by a certified project designer
				  specifying how an abatement project will be performed, and includes, but is not
				  limited to, scope of work and technical specifications. The certified project
				  designer's signature and certification number shall be on all such abatement
				  designs.
(4) "Emergency Lead-Based
				  Paint Abatement" means abatement conducted to remediate a lead-based paint
				  hazard which has been determined by a certified risk assessor and the Program
				  to be an imminent lead-based paint hazard to building occupants in a child
				  occupied facility.
(5) "Immediate
				  family" means an individual's family members limited to spouse, parents,
				  siblings, grandparents, children, and grandchildren.
(6) "Occupant Protection Plan" means a
				  written plan which describes the measures and management procedures that will
				  be taken during abatement to protect building occupants from exposure to
				  lead-based paint hazards. The plan shall be unique to each residential dwelling
				  or child-occupied facility. For projects less than five units, the plan shall
				  be prepared by a certified supervisor or project designer. For projects with
				  five or more units, the plan shall be prepared by a certified project designer.
				  The plan shall include the preparer's signature and certification
				  number.
(7) "Program" means the
				  Lead-Based Paint Hazard Management Program within the Division of Public
				  Health.
(8) "Start date" means the
				  date on which activities begin on a permitted lead abatement project requiring
				  the use of certified individuals, including the abatement area isolation and
				  preparation or any other activity which may disturb lead-based paint.
(9) "Working day" means Monday through
				  Friday. Holidays falling on any of these days are working days.
(10) "Certified Industrial Hygienist" means a
				  person who has met the education, experience, and examination requirements
				  established by the American Board of Industrial Hygiene for certified
				  industrial hygienists and whose certification has not been revoked by that
				  organization.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0800 - LEAD-BASED PAINT HAZARD MANAGEMENT PROGRAM › Section 41C .0802 - CERTIFICATION OF INDIVIDUALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  person shall perform lead-based paint activities until that person has been
				  certified by the Program in the appropriate certification category, except as
				  provided for in
				  G.S.
				  130A-453.03(b).
(b) An applicant for certification shall
				  successfully complete applicable training courses accredited by the Program or
				  accredited by a state, tribe, or territory that has a written reciprocating
				  agreement with the Program, and shall successfully complete the examination
				  specified in Rule .0804 of this Section. Successful completion includes
				  attendance of at least 95 percent of the course, passing the course exam with a
				  minimum score of 70% and passing the hands-on skills assessment. An applicant
				  for initial certification shall have successfully completed an accredited
				  initial training course for a specific discipline within the 12 months
				  immediately preceding application. If initial training was completed more than
				  12 months prior to application, the applicant shall have successfully completed
				  an accredited refresher course for the specific discipline at least every 24
				  months from the date of completion of initial training and within 12 months
				  prior to applying for certification. However, an applicant who completed
				  training prior to the effective date of this Rule and applies for certification
				  prior to December 31, 1998, shall meet the following requirements:
(1) Training taken prior to July 1, 1995,
				  shall be recognized for certification if the applicant has completed a
				  refresher course at least every 24 months from the date of initial training; if
				  the applicant has not attended a refresher course at least every 24 months from
				  the date of initial training, the applicant shall complete an accredited
				  initial training course; or
(2)
				  Applicants for certification who have successfully completed an initial
				  training course for a specific discipline between July 1, 1995, and July 1,
				  1998, shall successfully complete an accredited refresher course for the
				  specific discipline by December 31, 1998, or by date of application whichever
				  is first and within 12 months prior to applying for certification.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0800 - LEAD-BASED PAINT HAZARD MANAGEMENT PROGRAM › Section 41C .0803 - CERTIFICATION OF FIRMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All firms who
				  conduct lead-based paint activities shall become certified by the Program. The
				  Program shall issue a certificate of approval to firms meeting the requirements
				  in Paragraphs (b) and (c) of this Rule.
(b) To become certified the firm shall submit
				  a completed application to the Program. The form shall include:
(1) the name, address and telephone number of
				  the firm;
(2) a statement that
				  attests that all individuals to be used by the firm to perform lead-based paint
				  activities are certified by the Program;
(3) a statement that attests that the firm
				  will perform lead-based paint activities in accordance with these Rules and all
				  applicable local, State, and Federal requirements, including all applicable
				  record keeping requirements;
(4) a
				  disclosure of any action by EPA or an EPA authorized program involving
				  violations, suspensions, revocations, or modifications of a firm's activities;
				  and
(5) the original signature,
				  title, and printed name of an official of the firm.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0800 - LEAD-BASED PAINT HAZARD MANAGEMENT PROGRAM › Section 41C .0804 - PROGRAM ADMINISTERED EXAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Program
				  shall offer examinations for each individual certification category except
				  worker. Individuals pass the exam by achieving a score of at least 70 percent.
				  Individuals seeking certification shall pass the appropriate exam. The
				  examination shall be administered by the Program or by a state, tribe, or
				  territory that has a written reciprocating agreement with the Program. If an
				  individual does not successfully complete the examination after three attempts,
				  the individual shall retake the initial course from an accredited training
				  program before reapplying for certification.
(b) Applicants seeking North Carolina
				  certification who wish to take the Program administered examination shall first
				  complete all other requirements for certification; the applicant will be
				  notified of the exact time and location of the examination. The applicant shall
				  present photo identification for verification of identity at the time of the
				  examination.
(c) Applicants seeking
				  North Carolina certification who have been certified by a state, tribe, or
				  territory that has a written reciprocating agreement with the Program shall
				  meet the requirements of Rule .0802 Paragraphs (b), (d)(1) and (2) of this
				  Section. A copy of that state's, tribe's, or territories' issued certification
				  shall be verification that the applicant has met all other requirements for
				  certification.
Authority
					 G.S.
					 130A-453.05;
					 130A-453.11;
					 150B-21.1(a)(3);
Eff. July 1, 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.