reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0100 - GENERAL PROVISIONS › Section 06 .0101 - NAME: ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The Mine and Quarry Division is located in the Raleigh office
				  of the department. The mailing address of the division: Mine and Quarry
				  Division, North Carolina Department of Labor, 4 West Edenton Street, Raleigh,
				  North Carolina 27601.
Authority
				  G.S.
				  74-24.19;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Amended Eff.
				  July 1, 1988; December 1, 1985;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0100 - GENERAL PROVISIONS › Section 06 .0102 - PURPOSE: RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Through the administration and enforcement of the North
				  Carolina Mine Safety and Health Act, the division works to ensure the safe
				  operation of mines and quarries. Under the supervision of the commissioner, the
				  division is responsible for:
(1)
				making periodic inspections of mines and quarries throughout the
				state,
(2) investigating accidents
				relating to safety and health in a mine in the state,
(3) collecting information and maintaining
				records regarding the ownership and operation of mines in the state,
(4) conducting education and training
				programs for miners and mine operators throughout the state,
(5) providing technical assistance to miners
				and mine operators throughout the state,
(6) conducting research in the area of mine
				health and safety.
Authority
				  G.S.
				  74-24.17;
				  74-24.13;
				  74-24.16;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0100 - GENERAL PROVISIONS › Section 06 .0103 - ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Director of the Mine and Quarry Division, appointed by
				  the commissioner and under the supervision of the deputy commissioner, is in
				  charge of the day-to-day operations of the division. The director is assisted
				  by an assistant director. The division is divided into two sections; the
				  inspection section and the education and training section.
Authority
				  G.S.
				  74-24.19;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0100 - GENERAL PROVISIONS › Section 06 .0104 - REPEALED - ADVISORY COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.6;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Amended Eff.
				  January 5, 1978;
Repealed Eff. July 1,
				  1988.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0100 - GENERAL PROVISIONS › Section 06 .0105 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply in this Chapter:
(1) "division" -- the mine and quarry
				division of the Department of Labor;
(2) "director" -- the Director of the Mine
				and Quarry Division;
(3) "act" --
				the Mine Safety and Health Act of North Carolina
				General
				Statutes 74-24.1 - 74-24.20;
(4) "notice" -- official notification to an
				operator or his agent that a violation of a safety and health standard has been
				found during an inspection;
(5)
				"order" -- official notification to an operator or his agent to withdraw all
				persons from the mine or to discontinue the use of machinery or equipment which
				is likely to cause serious physical harm;
(6) "approved" -- approved by the
				commissioner.
Authority
				  G.S.
				  74-24.2;
				  74-24.8;
				  95-4;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Amended Eff.
				  July 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0200 - EDUCATION AND TRAINING › Section 06 .0201 - SERVICES OFFERED

Current through Register Vol. 39, No. 2, July 15, 2024
The education and training section of the division
				  provides:
(1) education and training
				programs to increase the number and competence of personnel engaged in the
				field of occupational safety and health in mines, both in the private and in
				the public sectors;
(2)
				consultation to operators to institute new programs, methods and procedures for
				providing safe and healthful working conditions;
(3) research and technical assistance in the
				field of occupational safety and health in mines by developing innovative
				methods, techniques, and approaches to mine safety and health;
(4) training of staff personnel, miners, and
				mine operators in first aid, safety, proper use of rescue equipment, mine
				evacuation, disaster procedure training, and training in the recognition,
				avoidance, and prevention of accidents or unsafe and unhealthful working
				conditions.
Authority
				  G.S.
				  74-24.16;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0200 - EDUCATION AND TRAINING › Section 06 .0202 - REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
Operators and miners may request the education, training,
				  consultation, and technical assistance services of the division by contacting
				  the director or any employee of the division.
Authority
				  G.S.
				  74-24.16;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0301 - MODIFICATION OF STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				petition for modification of the application of a safety or health standard to
				a mine shall be in writing and shall be mailed to the commissioner. The
				petition shall include:
(1) the name, address,
				title and affiliation of the petitioner;
(2) identification of the mine at which the
				modification or variance is sought;
(3) the specific standard or standards for
				which a modification or variance is sought;
(4) specific reasons for seeking the variance
				or modification, giving reasons why the standard or standards cannot be
				strictly complied with;
(5) the
				name and address of the representative of the miners, if any, and the names,
				addresses and occupations of all miners who may be affected by a modification
				or variance from the standard;
(6)
				specify and fully describe the alternative method of protecting the miners
				which will guarantee the same measure of protection afforded the miners by the
				standard or standards or will enhance the level of safety and health provided
				by the standard or standards;
(7)
				specify the effects of denial of the modification or variance by the
				commissioner.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0302 - GENERAL INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Advance Notice.
				Advance notice will be given only when it is necessary to insure that
				appropriate mine personnel are present at the time of the inspection. In any
				case, advance notice shall not be given more than 15 days before the
				inspection.
(b) Requests for
				Permission. Inspectors may make tests to determine miner exposure to dust,
				gases, fumes, vapors and mists, as a routine part of their inspection without
				requesting permission to do so from the operator or his authorized agent.
				Inspectors may take photographs of violations of safety and health standards
				and of objects of general interest only after receiving written or verbal
				permission from the operator, the agent of the operator, or another person
				authorized to give such permission.
(c) Closing Conference. Upon completion of an
				inspection, the inspector shall, when possible, discuss his findings with the
				mine operator or the authorized agent of the operator. If he determines that
				the operations of the mine are not in compliance with the regulations of this
				Chapter, the inspector shall issue either an official notice or an official
				order to withdraw, and after conferring with the operator or the authorized
				agent of the operator, shall specify an abatement period for notices
				issued.
(d) Forms Used. The
				following forms shall be used:
(1) Notice of
				Violation Form. The notice of violation form, completed, signed and dated by
				the inspector shall include the following information: the location of the
				mine, the name and address of the operator, the standard(s) violated, a
				description of the violation(s), and the abatement period(s).
(2) Order to Withdraw Form. The order to
				withdraw form, completed, signed and dated by the inspector shall include the
				following information: the location of the mine, the name and address of the
				operator, the standard(s) violated, a description of the violation(s), the
				specific portion(s) of the mine closed (or specific machinery
				prohibited).
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0303 - HEALTH SURVEYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Agreement. The
				commissioner has reached an agreement with the Director, Division of Health
				Services of the North Carolina Department of Human Resources, under which the
				division of health services shall perform health surveys and investigations of
				mines in the state.
(b) Frequency
				of Inspections. The division of health services shall make inspections as
				follows:
(1) gassy and nongassy underground
				mines at least once each calendar year,
(2) quarries and open pit mines at least once
				each two calendar years,
(3) sand
				and gravel operations at least once each five calendar years.
The division of health services shall also make intermittent
				  and spot-check inspections in order to determine continuous compliance with
				  health standards.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0304 - ACCIDENTS: NOTIFICATION: INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Immediate Notification. The operator of a mine, using the fastest available
				means of communication, shall notify the director or any other representative
				of the division of any of the following accidents that occur at a mining
				operation:
(1) any injury, including illness,
				which results in death or may reasonably be expected to result in
				death;
(2) any outbreak of fire
				that endangers human life or a fire underground which is not brought under
				control within 30 minutes;
(3) any
				unplanned ignition of dust or strata gas;
(4) any unplanned explosion of dust or
				gas;
(5) any unplanned inundation
				by water or gas that endangers human life;
(6) any unplanned initiation of explosives,
				including blasting agents;
(7) any
				cave-in or entrapment that endangers human life;
(8) any unexpected event which could have
				readily resulted in serious physical harm.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0305 - ACCIDENT AND ILLNESS RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Reporting
				Required. Following the occurrence of any work-related accident (including
				those listed in Rule .0304(a) of this Section), work-related illness, or
				work-related injury (other than a minor first-aid case), the operator shall
				complete a Mine Injury or Illness Report, Form MAQD-9 (or Mine Safety and
				Health Administration (MSHA) Form 7000-1). The report form shall include the
				following information: the mine identification number; mine name; company name;
				the location of the mine; a description of the circumstances of the accident,
				injury or illness; location of the accident within the mine; the name and job
				title of the ill or injured person; and the total number of lost
				workdays.
(b) Report to Director.
				The operator shall mail or fax one copy of the form to the director within 10
				calendar days of the occurrence of the accident, illness, or injury. If the
				form is faxed, a copy of the form must also be mailed to the director within 24
				hours.
(c) Maintenance of Records.
				The operator shall maintain one copy of each form at the mine or nearest mine
				office for at least one year and shall upon request make the record available
				for examination by a representative of the Division.
Authority
				  G.S.
				  74-24.13;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Amended Eff.
				  August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0306 - WORK RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
All operators shall maintain for at least two years records
				  specifying: the number of days that the mine has operated each month; the
				  number of employees working each month; the total number of manhours worked;
				  and the number of days lost from work by accident, injury, or
				  illness.
Authority
				  G.S.
				  74-24.13;
				  95-4(2);
Eff. February 1, 1976;
Readopted Eff. September 30,
				  1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0307 - COMMENCEMENT: CLOSING OF OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Commencement of Operations. Before starting operations, all operators of mines
				shall notify the commissioner of the approximate or actual date that mine
				operations will commence. The notification shall be in writing and shall
				include the mine name, location, the company name, mailing address, the person
				in charge of operations, and whether the operation will be continuous or
				intermittent.
(b) Closing of Mine.
				When a mine is closed, the operator shall promptly notify the commissioner of
				such closure in writing and shall indicate whether the closure is temporary or
				permanent.
Authority
				  G.S.
				  74-24.13(c);
				  95-4(2);
Eff. February 1, 1976;
Readopted Eff. September 30,
				  1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0308 - PUBLICATION: RELEASE OF INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Annual
				Statistical Report. The director shall compile, analyze and annually publish,
				in summary form statistical information pertaining to accidents and injuries in
				mine operations within the state. Requests for the free annual report shall be
				made to the director.
(b)
				Inspection of Records. Statistical information regarding reports, notices,
				orders, or findings obtained or issued under the act may be inspected by the
				public in the offices of the division.
(c) Release of Information. A person may
				request other statistical information regarding reports, notices, orders, or
				findings obtained or issued under the act. The requests shall be made in
				writing to the director and shall specify the information sought, and the
				reasons therefor.
(d) Confidential
				Information. Any information that reveals the internal fiscal operation of
				individual mines, including manhours worked, will be held in confidence and
				will not be released to the public.
Authority
				  G.S.
				  74-24.13;
				  95-4(2);
Eff. February 1, 1976;
Readopted Eff. September 30,
				  1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0309 - DISCRIMINATION AGAINST MINERS

Current through Register Vol. 39, No. 2, July 15, 2024
Any miner or representative of miners who believes that he
				  has been discharged or otherwise discriminated against by any person in
				  violation of the provisions of
				  G.S.
				  95-241 may, within 180 days after such
				  violation occurs, apply to the commissioner for a review of such alleged
				  discharge or discrimination. Such application shall be in writing and shall
				  contain the complainant's name, address, title, when employed, the company
				  name, the mine name, and the mine address. The application also shall specify
				  the date the alleged discharge or discrimination took place and shall set forth
				  in specific detail the reason why the miner or representative of miners
				  believes he has been discharged or discriminated against in violation of the
				  provisions of
				  G.S.
				  95-241.
Authority
				  G.S.
				  74-24.15;
				  95-245;
Eff. February
				  1, 1976;
Readopted Eff. September 30, 1977;
Amended
				  Eff. December 1, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0310 - REPRESENTATIVE OF MINERS

Current through Register Vol. 39, No. 2, July 15, 2024
When used in the act, the term "representative of the miners"
				  shall mean a union representative of the miners.
Authority
				  G.S.
				  74-24.7;
				  95-4;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0300 - PROCEDURES › Section 06 .0311 - AUTHORIZED REPRESENTATIVE OF MINERS

Current through Register Vol. 39, No. 2, July 15, 2024
When used in North Carolina
				  General
				  Statute 74-24.7(g), the term
				  "authorized representative of the miners" shall mean the safety chairman, lead
				  man, recognized spokesman, or union representative of the
				  miners.
Authority
				  G.S.
				  74-24.7;
				  95-4;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0400 - GENERAL MINE STANDARDS › Section 06 .0401 - GENERAL DUTY

Current through Register Vol. 39, No. 2, July 15, 2024
Every operator shall use every reasonable precaution to
				  provide safe and healthful working conditions for all miners in each mine,
				  whether provided for in the standards of this Chapter or not. It shall be the
				  duty of such operators to carry out the provisions of the standards of this
				  Chapter by providing the safety devices, type of construction, materials,
				  methods and procedures which are required by the standards of this Chapter and
				  by generally accepted safety and health standards.
Authority
				  G.S.
				  74-24.15;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0400 - GENERAL MINE STANDARDS › Section 06 .0402 - FEDERAL MANDATORY STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				commissioner has adopted and shall enforce the mandatory provisions of the
				Metal and Nonmetal Mine Health and Safety Standards, July, 1993 edition, which
				are hereby incorporated by reference, including subsequent amendments and
				editions, 30 CFR Chapter 1, Parts 56 and 57.
(b) Copies of the standards may be obtained
				from the U.S. Government Printing Office, Superintendent of Documents, Post
				Office Box 371954, Pittsburgh, Pennsylvania 15250-7954. Copies of the standards
				are also available for inspection and purchase for twenty eight dollars
				($28.00) at the offices of the Mine and Quarry Division.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Amended Eff. June 3, 1977;
Readopted
				  Eff. September 30, 1977;
Amended Eff. August 1, 1994; January 9,
				  1980; January 3, 1979; January 5, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0501 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to complying with the requirements of Section
				  .0400 of this Chapter, all mines, except for the underground portions of
				  underground mines, shall comply with the rules of this
				  Section.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0502 - REPEALED - TOILET FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. January 9, 1980.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0503 - DANGEROUS OPENINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The operator, owner or lessee shall provide reasonable
				  safeguards, such as guard rails, fences, berms or other approved means, to
				  prevent loss of life or property at any surface mine, pit or quarry which has
				  dangerous openings. These safeguards shall provide protection at operating,
				  abandoned or closed surface mines, pits and quarries. Safeguards at abandoned
				  surface mines, pits and quarries shall be located as close to the dangerous
				  openings as possible.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0504 - REPEALED - HOUSEKEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. January 5, 1978.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0505 - REPEALED - MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. August 1, 1994.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0506 - REPEALED - HANDLING EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. January 9, 1980.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0507 - CRANES: DRAGLINES: SHOVELS AND DERRICKS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Air
				Pressure Gauge. Machines equipped with air brakes or air clutches shall have an
				air pressure gauge in view of the machine operator.
(b) Derrick Guy Ropes. Derrick guy ropes that
				support masts shall be securely anchored and fastened. They shall be inspected
				at least semi-monthly and replaced when needed.
(c) Direction of Cab Travel. The cab of
				machines, when traveling, shall face in the direction of travel, if
				practicable; otherwise a competent person shall direct the movement from the
				ground.
(d) Oilers. Oilers shall
				keep the machine operator informed as to their whereabouts.
(e) Suspension Cables, Sheaves and Pins. All
				boom suspension cables, along with their sheaves and pins, shall comply with
				the machine manufacturer's specifications. They shall be inspected at least
				monthly and replaced when needed.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0508 - REPEALED - ELECTRICALLY POWERED HANDLING EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. January 9, 1980.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0509 - REPEALED - HAULAGE AND TRANSPORTATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. January 9, 1980.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0510 - RAILWAYS

Current through Register Vol. 39, No. 2, July 15, 2024
Starting a railroad car by "pinching" shall be prohibited
				  except when a person is stationed at the brake wheel. ("Pinching" is defined as
				  moving a railroad car with a pinchbar by placing the pinchbar between the wheel
				  and the railroad track and using leverage to move it
				  forward.)
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0511-.0512

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. August 1, 1994.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0513 - CRUSHING EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Feeders. Miners
				shall not be permitted to enter an operating feeder.
(b) Guard Rails or Chains. Guard rails,
				chains or other protective devices shall be installed and maintained around
				jaw-type crusher openings. When necessary for miners to work over an operating
				jaw-type crusher to clear jams, safety belts and life lines shall be
				used.
(c) Place of Safety at
				Crusher. Miners working at the crusher feed opening shall not be permitted to
				stand directly in back of or at the side of a vehicle while its contents are
				being dumped therein, unless provided with adequate protection from flying
				material.
(d) Work Beneath Feeders
				and Hoppers. Miners shall not be permitted to work beneath a feeder or hopper
				where a hazard from falling material exists.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0514 - REPEALED - PRESSURE TANKS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. January 9, 1980.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0515 - FIRE PREVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Open Fires. The
				use of open fires for comfort heating for miners shall be prohibited.
(b) Storage and Use of Oxygen, Etc. Oxygen,
				oxyacetylene and oxyhydrogen or electric welding, burning and cutting equipment
				shall be placed under the charge of a competent person or persons, as defined
				in 30 CFR Parts 56.2 and 57.2, who shall be responsible for its safe storage
				and use.
(c) Acetylene Storage and
				Use. Acetylene cylinders shall be secured vertically and shall be handled with
				extreme caution. Acetylene shall not be used at pressures higher than 15 pounds
				(6.8 kilograms) per square inch (6.452 square centimeters).
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0516 - ELECTRICAL EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) National
				Electrical Code. All electrical apparatus, equipment and wiring shall be
				installed and maintained in accordance with the National Electrical Code which
				is hereby incorporated by reference, 1993 Edition, including subsequent
				amendments and editions, insofar as the code is applicable to the operation of
				surface mines, pits and quarries. Copies of the code may be obtained from the
				National Fire Protection Association, 1 Batterymarch Park, Post Office Box
				9101, Quincy, Mass. 02269-9101. Copies of the code are also available for
				inspection and purchase for thirty seven dollars and fifty cents ($37.50) at
				the Office of the Mine and Quarry Division.
(b) Personnel Authorization and Instruction.
				Only competent persons, as defined in 30 CFR Parts 56.2 and 57.2, shall
				install, operate, repair, work on or with electric wires, lighting conductors
				or electrical apparatus, machinery or equipment.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0517 - HAND TOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
Hand tools shall be regularly inspected and maintained in a
				  safe condition. Defective tools shall not be used until
				  repaired.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0518 - DREDGES AND SAND PUMPS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Guarding Spuds.
				Spuds and spud lifting collars shall be either guarded or isolated.
(b) Hand Rails, Handcables and Handropes.
				Where practicable, all floating dredges and sand pumps shall be equipped with
				suitable hand rails, handcables or handropes so as to prevent miners from
				falling overboard.
(c) Inspection
				and Maintenance. Hulls and/or floats which support dredges or sand pumps shall
				be inspected regularly and maintained in a safe and watertight
				condition.
(d) Life Preservers.
				Approved-type life preservers shall be worn by all miners working afloat except
				when working on dredges and sand pumps equipped with hand rails, handcables or
				handropes. Approved-type life preservers shall be worn by miners while working
				in any area not protected by hand rails, handcables or handropes. An adequate
				number of suitable life preservers shall be kept on board at all times for
				emergency use.
(e) Submerged Anchor
				Lines. Work boats shall not be permitted to pass over submerged anchor lines
				while dredges are in operation.
(f)
				Walking on Pipe Lines. Miners shall not be permitted to walk on floating pipe
				lines unless the pipe lines are fitted with safe walkways and hand
				rails.
(g) Work Boats. Work boats
				shall be stable and maintained in a safe condition.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0519 - SAFETY SHOWERS AND EYE WASH FOUNTAINS

Current through Register Vol. 39, No. 2, July 15, 2024
Safety showers and eye wash fountains shall be provided,
				  operable, and easily accessible to all areas where a hazard exists from
				  hazardous chemical splashes and spills. ("Hazardous chemical" is defined as a
				  chemical for which there is statistically significant evidence based on at
				  least one study conducted in accordance with established scientific principles
				  that acute or chronic health effects may occur in exposed
				  employees.)
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0520 - REPEALED - JET CHANNELING OR PIERCING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. August 1, 1994.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0521 - EXPLOSIVES: GENERAL RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All Clear
				Signal. An "all clear" signal shall be sounded before any person is allowed to
				return to the blast site after a blast.
(b) Destroying Empty Containers. No person
				shall be permitted to remain within 100 feet (30.48 meters) of a burning pile
				of empty explosives containers.
(c)
				Removing Containers. Empty explosives containers shall not be removed from the
				mining premises.
(d) Work on Blast
				Area. Only persons necessary to the shotloading operation shall be permitted to
				work in front of the face of the blast area when a primary blast is being
				loaded.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0522 - TRANSPORTATION OF EXPLOSIVES ON SITE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Congested
				Areas. Vehicles transporting explosives or blasting agents shall not be driven
				through congested areas whenever it is practicable to avoid them. When it is
				necessary to stop a vehicle containing explosives or blasting agents in a
				congested area, the vehicle shall not be left unattended.
(b) Handling Explosives. Explosives or
				blasting agents shall not be thrown, dropped or otherwise roughly
				handled.
(c) Operators'
				Qualifications. Explosives vehicles shall be operated only by competent
				persons, as defined in 30 CFR Parts 56.2 and 57.2.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0523 - REPEALED - MAGAZINES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. January 9, 1980.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0524 - REPEALED - BLASTING: GENERAL RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. January 9, 1980.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0525 - PRIMARY BLASTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Detonators in
				Blast Area--Detonating Fuse. When loading a blast primed with detonating fuse,
				detonators shall not be attached to the detonating fuse until the blast site
				has been cleared.
(b) Loading and
				Other Operations. Loading shall not begin until the shot has been completely
				drilled. On a shot being loaded, a drill shall not be used for any purpose
				closer to a loaded hole than a distance of three times the spacing of the drill
				pattern used.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994; January 9, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS › Section 06 .0526 - SECONDARY BREAKAGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Dropballing.
				The dropball operator shall be protected from flying rock by screen cloth or
				plexiglass or both. The operator shall not drop the ball on a rock which has a
				visible drill hole until it has been determined that the hole does not contain
				explosives. No unprotected person shall be permitted within the area in which
				flying materials from dropball operations may cause injury to
				persons.
(b) Loading Explosives
				While Drilling For Secondary Blast. Only authorized persons shall be allowed in
				the area where loading is being performed.
(c) Work on Muck Pile While Secondary
				Drilling, Blasting or Mud Capping. No tools or equipment shall be permitted on
				a muck pile directly above or below a blaster while a person is loading
				explosives for secondary blasting.
Authority
				  G.S.
				  74-24.4(a);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 06 - MINE AND QUARRY DIVISION › Section .0600 - FEES › Section 06 .0601 - EXPIRED - MINE AND QUARRY BUREAU FEE SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-24.16(d);
Emergency Adoption Eff. September 13, 2005;
Temporary Adoption Eff.
				  November 1, 2005;
Temporary Adoption Expired August 12,
				  2006.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0100 - PURPOSE: DEFINITIONS › Section 07A .0101 - NAME: ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The office of occupational safety and health is located in
					 the Raleigh office of the North Carolina Department of Labor and is known as
					 the OSH Division. The mailing address of the office is: Occupational Safety and
					 Health Division, North Carolina Department of Labor, 1101 Mail Service Center,
					 Raleigh, North Carolina 27699-1101.
Authority
					 G.S.
					 95-133;
Eff. February 1,
					 1976;
Amended Eff. September 20, 1976;
Readopted Eff.
					 September 30, 1977;
Amended Eff. August 2, 1993;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1, 2016;
Amended Eff.
					 January 1, 2020.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0100 - PURPOSE: DEFINITIONS › Section 07A .0102 - PURPOSE: RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
In order to ensure the safety and health of employees
					 throughout the state, the division administers the Occupational Safety and
					 Health Act of North Carolina through a broad program of consultative services,
					 education and training, and inspections.
Authority
					 G.S.
					 95-133;
Eff. February 1,
					 1976;
Readopted Eff. September 30, 1977;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0100 - PURPOSE: DEFINITIONS › Section 07A .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  definitions shall apply throughout this Chapter:
(1) Act. The Occupational Safety and Health
				  Act of North Carolina, G.S. 95, Article 16;
(2) Division. The Occupational Safety and
				  Health Division, or OSH, name used to denote the office of occupational safety
				  and health;
(3) Director. The
				  Director of the Office of Occupational Safety and Health, Occupational Safety
				  and Health Division, or OSH;
(4)
				  Days. Calendar days unless otherwise specified. In computing 20 calendar days
				  the day of receipt of any notice shall not be included, but the last day of the
				  20 calendar days shall be included;
(5) Working days. Days of the week from
				  Monday through Friday, but shall not include Saturdays, Sundays or state
				  holidays. In computing 15 working days, the day of receipt of any notice shall
				  not be included, but the last day of the 15 working days shall be
				  included;
(6) Inspection. Any
				  inspection of an employer's factory, plant, establishment, construction site,
				  or other area, workplace or environment where work is performed by an employee
				  of an employer, and includes any inspection conducted pursuant to a complaint
				  filed, any reinspection, follow-up inspection, accident investigation or other
				  inspection conducted pursuant to
				  G.S.
				  95-136 or
				  95-136.1.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0200 - ORGANIZATION › Section 07A .0201-.0207

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 95-126;
					 95-133;
					 95-134;
					 95-136;
					 95-147;
Eff. February
					 1, 1976;
Amended Eff. September 20, 1976;
Readopted
					 Eff. September 30, 1977;
Amended Eff. February 21,
					 1978;
Repealed Eff. July 1, 1988.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0300 - PROCEDURES › Section 07A .0301 - INCORPORATION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subject
				  to the exceptions provided in Paragraph (h) of this Rule, the provisions of
				  Title 29 of the Code of Federal Regulations referenced below are incorporated
				  by reference throughout this Chapter, including subsequent amendments and
				  editions thereof. Copies of these standards are available for public inspection
				  at the North Carolina Department of Labor, or may be obtained from the U.S.
				  Government Printing Publishing Office, via U.S. Mail at 732 N. Capitol Street,
				  N.W., Washington, DC 20401, via telephone at (866) 512-1800, or via the
				  internet at
http://bookstore.gpo.gov
. The cost is
				  sixty-seven dollars ($67.00) for Title 29, Parts 1900-1910:
(1)
											29 CFR
				  1903 - Inspections, Citations, and Proposed
				  Penalties;
(2)
											29 CFR
				  1904 - Recording and Reporting Occupational
				  Injuries and Illnesses;
(3)
											29 CFR
				  1905.10(b) - Variances and
				  Other Relief under Section 6(b)(6)(A);
(4)
											29 CFR
				  1905.11(b) - Variances and
				  Other Relief under Section 6(b)(6)(A); and
(5)
											29 CFR
				  1908 - Consultation Agreements.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0300 - PROCEDURES › Section 07A .0302 - REPEALED - COPIES AVAILABLE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 95-133;
					 150B-21.6;
Eff.
					 August 2, 1993;
Amended Eff. July 1, 1998; June 1,
					 1994;
Codifier determined that agency's findings of need did not
					 meet criteria for temporary rule on March 20, 2000;
Amended Eff.
					 April 1, 2001;
Temporary Amendment Eff. December 1, 2001; March 20,
					 2000;
Amended Eff. August 1, 2002;
Repealed Eff.
					 December 1, 2010.