reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0100 - STATE EMPLOYEES WORKPLACE REQUIREMENTS PROGRAM FOR SAFETY AND HEALTH › Section 01N .0104 - PROGRAM ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Office of
				  State Human Resources shall monitor agency (as defined in
				  25 NCAC
				  01A .0103) compliance with the State Employee
				  Workplace Requirements Program for Safety and Health by providing consultative
				  and technical services that include:
(1)
				  technical assistance in the design and development of written safety and health
				  programs and operative safety committees as well as assessment of specialized
				  workplace hazards;
(2) periodic
				  inspection of state operations to ensure the identification and control of
				  hazardous workplace environments and unsafe work practices that could endanger
				  state employees;
(3) maintenance of
				  a State Employee Safety and Health Handbook describing the responsibilities of
				  employees and outlining the basic rules for working safely in state
				  government;
(4) investigation of
				  work-related fatalities and major lost workday injuries and illnesses to ensure
				  that agencies have program elements in place to control specific
				  hazards;
(5) coordination of
				  training programs for designated agency safety and health directors and
				  officers.
(6) a systematic
				  evaluation of state agencies to ensure compliance with written program and
				  safety committee requirements.
To assist the Office of State Human Resources, a State
					 Steering Committee, composed of program staff from state agencies, shall be
					 appointed to recommend program changes, goals, and solutions to problems. Any
					 additions or changes to the administrative or workplace requirements procedures
					 will occur only after consultation with the State Steering Committee.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0100 - STATE EMPLOYEES WORKPLACE REQUIREMENTS PROGRAM FOR SAFETY AND HEALTH › Section 01N .0105 - STATE AGENCY RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each state agency shall have a written State Employee Workplace Requirements
				  Program for Safety and Health consistent with the State Human Resources
				  Commission's model program and its procedural requirements. Written components
				  of the program shall at a minimum contain the program requirements set forth in
				  G.S.
				  143-582.
(b) Each state agency shall establish safety
				  and health committees comprised of a mix of management and non-management
				  personnel in order to address safety and health issues through their input and
				  with the most efficient use of resources and expertise.
(c) The Safety and Health Committee shall be
				  established in compliance with
				  13 NCAC
				  07A .0605.
(d) A state agency with field forces must
				  ensure field operations staff safety and health issues are represented on the
				  safety and health committee by a member(s) of that group.
(e) The agency Safety and Health Director or
				  Officer or designee shall serve as ex-officio member with voting rights on the
				  Committee(s).
(f) The agency shall
				  establish a procedure by which Employee Safety and Health Representatives can
				  be selected or appointed.
(g) The
				  Chairperson of the Safety and Health Committee may be appointed by the agency
				  head or elected by the members. Secretarial services are to be provided to the
				  Chairperson to carry out his or her duties.
(h) Each state agency shall verbally notify
				  the Office of State Human Resources Workplace Requirements Program for Safety
				  and Health within eight hours after the death of any N.C. State Government
				  employee from a work-related incident or the in-patient hospitalization of
				  three or more employees as a result of a work-related incident. A summary
				  accident investigation report and Death Claim Notice Form shall be filed within
				  five days of knowledge of the death.
Authority
					 G.S.
					 95-148;
					 126-4(5),(10);
					 143-580 through
					 143-584;
Executive
					 Order No. 6 (1985);
Eff. February 1, 1993;
Amended Eff.
					 April 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0100 - STATE EMPLOYEES WORKPLACE REQUIREMENTS PROGRAM FOR SAFETY AND HEALTH › Section 01N .0106 - COMMITTEE RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
The Safety and Health Committee(s) shall perform the
					 following functions as well as any other functions determined by the State
					 Human Resources Commission to be necessary for the effective implementation of
					 the State Employees Workplace Requirements Program for Safety and
					 Health:
(1) Review safety and health
				  policies and procedures established by the agency as needed.
(2) Review incidents involving work-related
				  fatalities, injuries, illnesses or near-misses.
(3) Review employee complaints regarding
				  safety and health hazards.
(4)
				  Analyze the agency's work injury and illness statistical records.
(5) Conduct inspections or ensure that safety
				  and health inspections of the worksites are conducted and documented at least
				  annually or more frequently as required by regulatory codes or standards.
				  Ensure responses to complaints regarding safety and health hazards are provided
				  and address process for corrective action.
(6) Ensure that interviews with employees are
				  conducted in conjunction with inspections of the workplace.
(7) Ensure that agency's training records are
				  reviewed to ensure compliance with regulatory training requirements.
(8) Conduct meetings at least once every
				  three months. Maintain written minutes of such meetings and send copy to each
				  committee member. Copy of minutes shall be posted to ensure availability to all
				  employees in the workplace.
(9)
				  Designate Employee Safety and Health Representative(s) to accompany
				  representatives from regulatory agencies (i.e. NC Department of Agriculture, NC
				  Department of Health and Human Services, NC Department of Labor Occupational
				  Safety and Health Division, NC Department of Insurance, NC Department of
				  Environment and Natural Resources, etc.) during environmental, safety and
				  health inspections of the workplace.
(10) Make written recommendations (Example:
				  for elimination of hazards and improvement in occupational safety and health)
				  on behalf of the Committee to the agency head.
Authority
					 G.S.
					 95-148;
					 126-4(5),(10);
					 143-580 through
					 143-584;
Executive
					 Order No. 6 (1985);
Eff. February 1, 1993;
Amended Eff.
					 April 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0100 - STATE EMPLOYEES WORKPLACE REQUIREMENTS PROGRAM FOR SAFETY AND HEALTH › Section 01N .0107 - STATE EMPLOYEES' RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each supervisor shall provide safe working conditions for each subordinate,
				  know safety and health guidelines, provide for employee's safety and health
				  training, provide required personal protective equipment, report and
				  investigate accidents, advise management of any unsafe work environment(s) or
				  condition(s) and effect corrective actions and interim controls for hazardous
				  work environments under their control.
(b) Each employee shall conduct his or her
				  own work in a safe manner to protect him or herself, fellow employees and the
				  public; make recommendations to improve safety and health in the workplace and
				  notify the supervisor of any accident involving injury, illness, or near-miss
				  to him or herself or to others.
Authority
					 G.S.
					 95-148;
					 126-4(5),(10);
					 143-580 through
					 143-584;
Executive
					 Order No. 6 (1985);
Eff. February 1, 1993;
Amended Eff.
					 April 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0200 - PERSONAL PROTECTIVE EQUIPMENT › Section 01N .0202 - EXPIRED - APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. July 1,
					 1995;
Expired Eff. November 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0200 - PERSONAL PROTECTIVE EQUIPMENT › Section 01N .0203 - REPEALED - EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. July 1,
					 1995;
Repealed Eff. April 1,
					 2006.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0200 - PERSONAL PROTECTIVE EQUIPMENT › Section 01N .0204-.0206 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. July 1,
					 1995;
Amended Eff. April 1, 2006;
Expired Eff. November
					 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0300 - ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) IN THE WORKPLACE › Section 01N .0301-.0303 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. November 1,
					 1990;
Amended Eff. June 1, 1992; March 1, 1992; May 1,
					 1991;
Recodified from
					 25 NCAC
					 01L .0201 Eff. December 29, 2003
					 (.0301);
Recodified from
					 25 NCAC
					 01L .0202 Eff. December 29, 2003
					 (.0302);
Recodified from
					 25 NCAC
					 01L .0203 Eff. December 29, 2003
					 (.0303);
Expired Eff. November 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0300 - ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) IN THE WORKPLACE › Section 01N .0304 - ANTI DISCRIMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
It is the State's policy not to discriminate against any
					 applicant or employee who has or is suspected of having AIDS or HIV infection.
					 The State recognizes that an employee with AIDS or HIV infection may wish to
					 continue working. As long as an employee is able to satisfactorily perform the
					 duties of the job [G.S. 168A-3(9),
					 130A-148(i)]
					 and there is no medical indication that the employee's condition is a health
					 threat to co-workers or the public, an employee shall not be denied continued
					 employment nor shall any applicant be denied employment solely because of the
					 medical condition.
Authority
					 G.S.
					 126-4;
					 130A-148C(i);
					 168A-3(9);
Eff. November 1, 1990;
Recodified from
					 25 NCAC
					 01L .0204 Eff. December 29, 2003;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0300 - ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) IN THE WORKPLACE › Section 01N .0305 - TESTING AND EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Medical tests and examinations to determine the presence of
					 HIV or HIV associated conditions are prohibited except as authorized by state
					 and federal law or required by the rules of the Commission for Public Health
					 (see 15A
					 NCAC 19A, Section .0200). An employee who
					 suspects that, having had a nonsexual blood or body fluid exposure to the HIV
					 virus while on the job, may voluntarily elect to be tested for the HIV
					 infection, provided that the suspected exposure poses a significant risk of
					 transmission of HIV as defined in the rules of the Commission for Public
					 Health. The employer will pay for the cost of test(s) for the exposed employee,
					 providing the employee consents to the testing agency selected by the employee.
					 Some employees may prefer to pay for their own test through a personal or
					 family physician, or use the free testing services of a Public Health
					 Department. An employee choosing to have the test made by someone other than
					 the testing agency selected by the employer must bear the cost of the test
					 himself.
Authority
					 G.S.
					 126-4;
Eff. November 1,
					 1990;
Recodified from
					 25 NCAC
					 01L .0205 Eff. December 29, 2003;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0300 - ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) IN THE WORKPLACE › Section 01N .0306 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
Confidentiality shall be maintained by the agency for any
					 employee with HIV or HIV associated conditions as required by existing
					 confidentiality rules and laws. Any current confidentiality policies that are
					 in force shall be updated by the agency to include the HIV
					 policy.
Authority
					 G.S.
					 126-4;
Eff. November 1,
					 1990;
Recodified from
					 25 NCAC
					 01L .0206 Eff. December 29, 2003;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0300 - ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) IN THE WORKPLACE › Section 01N .0307 - COMPLAINTS AND DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
The State acknowledges that employees with HIV infection as
					 well as their co-workers may have concerns for their own health and safety.
					 Managers are to pursue all appropriate actions to respond to the concerns of
					 all employees. The state recognizes the rights of employees to grievance
					 procedures. The employer has an equal right to maintain a harmonious and
					 productive work environment that is free from disruptive or inconsiderate
					 behavior, or from the refusal of any employee to perform work at assigned times
					 and locations. If insubordinate or disruptive actions occur, managers are to
					 follow the normal disciplinary procedures described in
					 25 NCAC
					 01J .0600, DISCIPLINARY ACTION, SUSPENSION
					 AND DISMISSAL. Before any disciplinary action can be taken, an agency or
					 institution shall first provide counseling by a qualified health care
					 professional to an employee who fears that a serious health risk is created by
					 the presence of a co-worker who has AIDS or HIV infection.
Authority
					 G.S.
					 126-4;
Eff. November 1,
					 1990;
Recodified from
					 25 NCAC
					 01L .0207 Eff. December 29, 2003;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0401 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This Section outlines human resource provisions to be
					 implemented in the event that the Public Health Director or the Governor
					 declares a public health emergency.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0402 - REPORTING COMMUNICABLE DISEASES

Current through Register Vol. 39, No. 2, July 15, 2024
Management shall inform employees and employees shall
					 inform management of any evidence of a communicable disease that could endanger
					 the health of others in the workplace. Management shall notify the local health
					 department the same day that evidence of a communicable disease is
					 apparent.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0403 - ACTIONS DURING A PANDEMIC

Current through Register Vol. 39, No. 2, July 15, 2024
In case of a pandemic or other serious health threats as
					 determined by the State Health Director, one of the following actions may
					 occur:
(1) closing of one or more
				  agencies or parts of an agency by order of the Governor,
(2) closing of an agency or parts of an
				  agency by order of the State or Local Public Health Director,
(3) closing of an agency or parts of an
				  agency by agreement between the State or Local Public Health Director and an
				  agency authority,
(4) decision by
				  the agency authority that an employee(s) should stay away from the workplace
				  until symptoms have gone,
(5)
				  isolation of an ill or symptomatic employee(s) by the State or Local Public
				  Health Director pursuant to
				  G.S.
				  130A-2(3a), or
(6) quarantine of an exposed or potentially
				  ill employee(s) by the State or Local Public Health Director pursuant to
				  G.S.
				  130A-2(7a).
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0404 - MANDATORY EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Mandatory
				  employees are employees with permanent, probationary, time-limited or trainee
				  appointments who are required to work during a public health emergency because
				  their positions have been designated by their agencies as mandatory to agency
				  operations during the emergency. Agency heads shall designate the essential
				  operations that must be staffed and designate the mandatory employees to staff
				  these operations.
(b) Mandatory
				  employees may be excused from work if they are quarantined or ill, if they are
				  required to care for an immediate family member who is quarantined or ill, or
				  if they are a parent (or guardian) who is required to stay home with underage
				  children because of the closure of a day care facility, public school or
				  eldercare facility. The agency head shall develop an alternative plan for
				  personnel in case the designated personnel are quarantined or unable to
				  work.
(c) Employees designated as
				  mandatory personnel shall be notified of the designation and the requirement to
				  report for or remain at work in emergency situations. If mandatory personnel
				  are required to remain at the worksite for an extended period of time, the
				  agency or university shall provide adequate housing.
(d) Individuals designated as mandatory
				  employees are subject to disciplinary action, up to and including termination
				  of employment, for willful failure to report for or remain at work. Each
				  situation shall be reviewed on a case-by-case basis to determine appropriate
				  action.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0405 - COMPENSATION OF MANDATORY EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
When an agency is closed or when management determines that
					 only mandatory employees are required to report to work, the mandatory
					 employees shall be granted time and one-half pay for all hours worked, subject
					 to the availability of funds. If funds are not available, the employee shall be
					 granted the additional half-time pay at a later date or one-half compensatory
					 time. This provision applies to all employees who are exempt and non-exempt
					 under the Fair Labor Standard Act (FLSA). This special compensation provision
					 does not include temporary employees.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0406 - LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an employee is quarantined, the
				  employee shall be granted paid administrative leave until the specified period
				  of time ends or the employee becomes ill with the communicable disease,
				  whichever comes first. This shall include employees with temporary
				  appointments.
(b) If an employee
				  has symptoms associated with a communicable disease, agency management may
				  require the employee not to report to work and to use any available
				  compensatory leave, sick leave, vacation leave or bonus leave.
(c) When an agency is closed or when agency
				  management determines that only mandatory employees are required to report to
				  work, the non-mandatory employees who are not required to work shall, at
				  management's discretion, be granted paid administrative leave (i.e., not
				  charging leave) for up to 30 calendar days. The employee's pay shall continue
				  at the same rate the employee would have received had the employee been working
				  (including any shift premium pay normally received). If adjustments need to be
				  made, they shall be made in the next paycheck after returning to work,
				  depending on payroll deadlines for that pay period. If a non-mandatory employee
				  elects to work when the agency is closed, the employee shall not receive
				  additional pay. When the agency reopens, Paragraph (d) of this Rule shall
				  apply.
(d) If the employee becomes
				  ill and it is determined to be work related in accordance with the Workers'
				  Compensation Act, the Workers' Compensation Rules,
				  25 NCAC
				  01E .0700, apply. If the employee is isolated
				  or becomes ill as a result of off-the-job exposure, the Sick Leave Rules,
				  25 NCAC
				  01E .0300, apply. The provisions of the
				  Family and Medical Leave Rules and the Family Illness Leave Rules,
				  25 NCAC
				  01E .1400 shall also apply.
(e) When an agency is open but an employee,
				  who is a parent (or guardian), is required to stay home with underage children
				  because of the closure of a day care facility or a public school, the employee
				  shall be allowed to use leave in accordance with the Sick Leave Rules,
				  25 NCAC
				  01E .0300. This also applies for
				  eldercare.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0407 - VERIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Agencies may require certification of fitness to work from
					 a health care provider. If quarantined, the employee shall provide the agency
					 with a written verification from a Public Health official.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0408 - REVIEW OF POLICY PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  an agency is closed for more than 30 days, the leave and compensation
				  provisions of this policy shall be reviewed and either terminated, revised or
				  renewed. The agency head shall determine the appropriate course of action in
				  consultation with the Governor's Office and the State Budget
				  Director.
(b) Pending a decision,
				  the employee may be allowed to take compensatory, sick, vacation, or bonus
				  leave until a decision is made.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0409 - EMERGENCY LAY-OFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An emergency
				  layoff is a temporary separation from payroll because funds are not available,
				  work is not available or because of another emergency situation requiring
				  employees to remain away from the worksite. The employer believes that the
				  condition will change and intends to recall the employees as soon as
				  feasible.
(b) An emergency lay-off
				  may be declared if the agency or university remains totally closed or partially
				  closed for an indefinite period of time due to the public health emergency. The
				  agency head shall make this decision after consultation with the Governor's
				  Office and the State Budget Director.
(c) During an emergency layoff, employees who
				  are laid off shall be eligible to participate in the State Health Plan. State
				  agencies shall pay the employer contribution and may pay the employee
				  contribution for the month following the layoff, with the provision that the
				  employees shall repay the State for any contribution made on their
				  behalf.
(d) An employee shall not
				  be paid for leave at the time of the emergency lay-off; however, vacation and
				  sick leave will continue to accrue during the lay-off to be credited to the
				  employee's account upon return from the lay-off. If a reduction-in force should
				  occur before the employee returns, the vacation leave accumulated while on
				  lay-off shall be paid along with other unused vacation/bonus leave that was on
				  hand at the time of the layoff.
(e)
				  An employee shall continue to receive total State service while on an emergency
				  lay-off.
(f) An employee may be
				  eligible for unemployment benefits with the North Carolina Employment Security
				  Commission while on an emergency lay-off. Employees should contact the North
				  Carolina Employment Security Commission for further details.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0400 - COMMUNICABLE DISEASE EMERGENCY › Section 01N .0410 - WAIVER OF POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) During the
				  pandemic emergency, if new hires are needed to cover emergency operations, the
				  agency head is authorized to waive the posting rule (25 NCAC 01H
				  .0631), the minimum qualifications rule (25 NCAC 01H
				  .0635), the hiring of relatives (nepotism) rule
				  (25 NCAC
				  01H .0633), and execute the immediate hiring
				  of an individual who is determined to be able to do the work.
(b) Employees hired under these conditions
				  shall be given a temporary or time-limited permanent appointment.
(c) The agency head is authorized to offer
				  competitive salaries for the duration of the emergency.
(d) The agency head is authorized to assign
				  employees where they are most needed and compensate them accordingly for the
				  duration of the emergency.
Authority
					 G.S.
					 126-4;
Eff. December 1,
					 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0500 - WORKSITE WELLNESS › Section 01N .0501 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
In partnership with the State Health Plan and the Office of
					 State Human Resources, each agency shall create and participate in a Worksite
					 Wellness program. The Worksite Wellness initiatives shall address the primary
					 components of a healthy lifestyle including healthy eating, physical activity,
					 tobacco cessation and stress management.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0500 - WORKSITE WELLNESS › Section 01N .0502 - ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Office of State Human Resources and the State Health
					 Plan, in collaboration with the North Carolina Division of Public Health, shall
					 guide and assist agencies in the development of a comprehensive Worksite
					 Wellness Program for State employees.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0500 - WORKSITE WELLNESS › Section 01N .0503 - WELLNESS LEADER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each agency
				  head shall designate a Wellness Leader at the management level who has direct
				  access to the agency head.
(b) In
				  collaboration with management and employees, the Wellness Leader shall create a
				  Worksite Wellness infrastructure, overseeing the development and implementation
				  of employee wellness policies and committees, and providing ongoing
				  assessment/monitoring of the effectiveness of Worksite Wellness
				  Programs.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0500 - WORKSITE WELLNESS › Section 01N .0504 - WELLNESS COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each agency
				  shall establish a wellness committee infrastructure. A wellness committee is a
				  team of employees that meet formally and have identified aims, goals, and
				  implementation strategies to encourage healthy behaviors at the workplace,
				  advocate for policy change, and create health-friendly work environments.
(b) The committee shall be
				  comprised of employees who represent a cross section of the employee
				  population. Multiple committees may be necessary depending on the size and
				  number of locations of the agency.
(c) Committees shall elect a wellness chair
				  or co-chairs to conduct meetings and lead activities.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0600 - LACTATION SUPPORT › Section 01N .0601 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section set requirements for agencies
					 with regard to nursing mothers.
Authority
					 G.S.
					 126-4;
Eff. January 1,
					 2011;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0600 - LACTATION SUPPORT › Section 01N .0602 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
It is the policy of the State to assist working mothers who
					 are nursing children during their transition back to work following the birth
					 or adoption of a child by providing lactation support. A lactation support
					 program allows a nursing mother to express breast milk periodically during the
					 work day.
Authority
					 G.S.
					 126-4(6),(10);
Eff. January 1, 2011;
Amended Eff. November 1, 2011;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0600 - LACTATION SUPPORT › Section 01N .0603 - OFFICE OF STATE HUMAN RESOURCES RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The Office of State Human Resources shall designate a
					 program coordinator to assist agencies with questions regarding this
					 Section.
Authority
					 G.S.
					 126-4;
Eff. January 1,
					 2011;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0600 - LACTATION SUPPORT › Section 01N .0604 - AGENCY RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
State agencies shall provide space, privacy, and time for
					 nursing mothers to express breast milk by doing the following:
(1) Providing private space that is not in a
				  restroom or other common area. The space shall have a door that can be secured
				  or locked, lighting and seating, and electrical outlets for pumping
				  equipment.
(2) Providing time to
				  express breast milk. The agency may require the employee to use the regularly
				  scheduled paid break time. If time is needed beyond the regularly scheduled
				  paid break times, the agency shall make reasonable efforts to allow employees
				  to use paid leave or unpaid time for this purpose.
Authority
					 G.S.
					 126-4;
Eff. January 1,
					 2011;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter N - WORKPLACE ENVIRONMENT AND HEALTH › Section .0600 - LACTATION SUPPORT › Section 01N .0605 - EMPLOYEE RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The employee is responsible for storage of the expressed
					 breast milk.
Authority
					 G.S.
					 126-4;
Eff. January 1,
					 2011;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0101 - REPEALED - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
					 126-7;
Eff. January
					 1, 1990;
Amended Eff. August 1, 2007; March 1, 2005;
Repealed Eff. April 1, 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0102-.0106

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
					 126-7;
Eff. August 1,
					 2007;
Repealed Eff. April 1,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0107 - PERFORMANCE MANAGEMENT POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
It is the policy of North Carolina State Government to
					 provide an integrated performance management system that evaluates employees'
					 accomplishments and behaviors related to goals and organizational values to
					 achieve organizational mission, goals, and business objectives. An integrated
					 performance management system enables employees to develop and enhance
					 individual performance while contributing to the achievement of organizational
					 mission, goals, and business objectives.
Authority
					 G.S.
					 126-4;
Eff. April 1,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0108 - PERFORMANCE MANAGEMENT COVERED EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  rules in this Subchapter shall apply to the following:
(1) probationary, time-limited, and permanent
				  employees;
(2) employees appointed
				  to exempt policy-making positions, exempt managerial positions, confidential
				  secretary, confidential assistant, and all chief deputy positions;
				  and
(3) employees in trainee
				  classifications.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0110 - PERFORMANCE CYCLE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The standard
				  State government performance cycle shall be from July 1 through June 30, with
				  the exception of the universities who shall have a standard performance cycle
				  from April 1 through March 31.
(b)
				  The annual performance evaluation shall be completed (i.e., documentation
				  provided and ratings assigned), approved, discussed with employees, and entered
				  into the system of record within 60 calendar days of the cycle end
				  date.
(c) The State Human Resources
				  Director may change the dates of the standard performance cycle for
				  business-related reasons with a statewide impact; however, all covered
				  employees shall be notified a minimum of 60 calendar days prior to the start of
				  the new performance cycle. The need to change the dates of the standard
				  performance cycle will be determined through consultation with the statewide
				  Performance Management Program Manager.
Authority
					 G.S.
					 126-4;
Eff. April 1,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0111 - DOCUMENTATION OF PERFORMANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Office of State Human Resources shall provide a standard annual performance
				  evaluation template, performance planning template, interim review template,
				  individual development plan template, documented coaching session template, and
				  Performance Improvement Plan template to be utilized by all agencies,
				  universities and individuals covered by this Subchapter.
(b) The State Human Resources Director shall
				  publish and communicate the standardized templates a minimum of 90 calendar
				  days prior to the start of the performance cycle. These templates shall be
				  available in the performance management system through an employee's online
				  portal.
Authority
					 G.S.
					 126-4;
Eff. April 1,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0112 - PERFORMANCE MANAGEMENT RESOURCES AND TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
Each agency and university shall:
(1) designate a person as its performance
				  management coordinator, with responsibility for coordinating the development,
				  implementation, and ongoing administration of performance management within the
				  organization;
(2) provide
				  performance management training, made available by the Office of State Human
				  Resources, to all newly hired or promoted managers or supervisors, to be
				  completed within the first three months of the manager's or supervisor's new
				  role; and
(3) provide annual
				  refresher training, made available by the Office of State Human Resources, to
				  all employees.
Authority
					 G.S.
					 126-4;
Eff. April 1,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0113 - CONFIDENTIALITY AND RECORDS RETENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Performance evaluations shall be confidential documents under
				  G.S.
				  126-22.
(b) To promote communication and coordination
				  during calibration sessions, agency management may make some version of
				  performance plans visible internally to management; however, any information
				  shared during calibration sessions shall be treated as confidential and shall
				  not be shared outside of the calibration session.
(c) A breach of confidentiality shall be
				  considered personal misconduct and may result in disciplinary action up to and
				  including dismissal as defined in
				  25 NCAC
				  01J .0604.
(d) Annual performance evaluations and
				  supporting documentation shall be retained for three years, and maintained
				  according to Article 7 of G.S. 126.
(e) Hiring supervisors and managers shall be
				  able to inspect and examine performance management documents of final job
				  candidates who are current or former State employees during the hiring
				  process.
Authority
					 G.S.
					 126-4;
					 126-24;
Eff. April 1,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0114 - PERFORMANCE MANAGEMENT COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Office of State Human Resources shall monitor and evaluate performance
				  management records and data to ensure agency compliance with rules in this
				  Subchapter.
(b) If an employee
				  believes his or her manager or supervisor is failing to adhere to the
				  performance management in accordance with this Subchapter, the employee shall
				  notify the next-level manager or supervisor or the agency's Human Resources
				  office.
(c) The failure of a
				  manager or supervisor to carry out the performance management process shall be
				  addressed as a performance deficiency and shall result in one or more of the
				  following:
(1) counseling from the next-level
				  manager or supervisor to determine the cause(s) of the deficiency and
				  implementation of a Performance Improvement Plan;
(2) participating in skills enhancement
				  training;
(3) monitoring and
				  documentation of manger or supervisor progress towards improving implementation
				  of performance management; or
(4)
				  the issuing of disciplinary action, up to and including dismissal.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0100 - GENERAL PROVISIONS › Section 01O .0115 - PERFORMANCE RATING DISPUTE

Current through Register Vol. 39, No. 2, July 15, 2024
Career State employees, as defined in
					 G.S.
					 126-1.1, or former career State employees may
					 grieve an overall performance rating of "Does Not Meet Expectations" using the
					 agency's or university's internal employee grievance process.
Authority
					 G.S.
					 126-4;
Eff. April 1,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter O - PERFORMANCE MANAGEMENT SYSTEM › Section .0200 - MANAGING AND EVALUATING PERFORMANCE › Section 01O .0201 - .0206

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 121-5;
					 126-4;
					 126-4(8);
					 126-7;
Eff. January
					 1, 1990;
Amended Eff. April 1, 2005; March 1, 2005; July 1,
					 1991;
Repealed Eff. August 1,
					 2007.