reglab/statecodes huggingface dataset:
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 .0303 - DISCLOSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  shall disclose documents in investigative and other files in accordance with
				  G.S. 132 and the exceptions set forth in
				  G.S.
				  95-136. Specific guidelines for OSH division
				  files are set forth in this Rule. The department shall disclose all documents
				  to which the public is entitled under North Carolina's statutory provisions,
				  while safeguarding the rights of complainants and witnesses required to be
				  protected by law.
(b) Prior to the
				  issuance of a citation, the contents and copies of the case file, including any
				  complaints, samples, photographs, testing results, trade secrets, and the
				  narrative of the investigator's report, shall not be disclosed.
(c) After a citation and notice of proposed
				  penalty have been issued, the citation and notice are disclosable, upon
				  request. Disclosure shall be issued by the director or his authorized
				  representative. Prior to the contestment deadline, no other file contents shall
				  be disclosable.
(d) If an employer
				  or employee files a notice of contest respecting a citation, the case file
				  (except for the citation and proposed penalty) shall not be disclosable until a
				  final order is issued and the dates for all further appeals have expired. The
				  disclosure of documents in proceedings before the Safety and Health Review
				  Board shall take place in accordance with the rules of evidence of the Safety
				  and Health Review Board.
(e) Case
				  files shall be disclosed, upon written request, in the following situations:
(1) if a determination is made that no
				  citation will be issued and that no court action will be initiated, unless
				  further inspection is contemplated, in which case the file shall not be
				  disclosed until a final decision is made not to issue a citation; or
(2) if no notice of contest is filed within
				  the statutory period, or if a notice of contest is filed but a settlement is
				  reached, the notice is withdrawn, or the case is otherwise closed; or
(3) if a notice of contest is filed and the
				  statutory requirements of
				  G.S.
				  95-136(el) have been
				  met.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section 07A .0401 - REPEALED - CAROLINA STAR PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-133;
Eff. August 2,
				  1993;
Repealed Eff. April 1,
				  2001.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0501 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										G.S.
				  95-134 of the Occupational Safety and Health
				  Act of North Carolina established a State Advisory Council on Occupational
				  Safety and Health (hereinafter referred to as the council), to advise, consult
				  with, and make recommendations to the Commissioner of Labor on matters relating
				  to the administration of the act.
(b) This Section sets forth the procedures
				  used by the council in fulfilling its responsibilities.
Authority
					 G.S.
					 95-134;
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 .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0502 - MEMBERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
The council is a continuing advisory board of 11 members.
					 Three members will represent management, three members will represent organized
					 labor, five members will represent the public sector, one member of which will
					 have a knowledge of migrant labor. All members will be knowledgeable of
					 occupational safety and occupational health professions. All the members will
					 be appointed by the Commissioner of Labor, who will designate one of the public
					 sector members as chairman. The commissioner should appoint members to the
					 advisory council that represent both large and small industries, different
					 labor unions, and various areas of the public sector.
Authority
					 G.S.
					 95-134;
Eff. February 1,
					 1976;
Readopted Eff. September 30, 1977;
Amended Eff.
					 February 21, 1978;
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 .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0503 - TERMS OF MEMBERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
Each member of the council shall serve a term of four
					 years. Members may serve more than one term and such terms may be consecutive.
					 The terms of the members shall be staggered. In the case of the members
					 representing the private sector, two members will serve parallel terms. The
					 chairman of the council shall be appointed for a term of two years and may be
					 reappointed. Each member of the council shall serve his full term unless he
					 resigns or becomes unable to serve in the judgment of the Commissioner of Labor
					 because of disability or because he ceases to be qualified to serve on the
					 council because he is found by the Commissioner of Labor no longer to meet the
					 representational requirements of the act. In such cases the Commissioner of
					 Labor may appoint for the remainder of the unexpired term a new member who
					 meets the same representational requirements, and is designated in the manner
					 of his predecessor.
Authority
					 G.S.
					 95-134;
Eff. February 1,
					 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.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0504 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The council shall hold no fewer than two meetings during
					 each calendar year and, it is contemplated that no more than 12 meetings a year
					 will be held. At least one meeting each year will be held in the eastern area
					 and one in the western area of the state. No meeting shall be held except at
					 the call, or with the advance approval, of the Commissioner of Labor, or his
					 duly authorized representative. An agenda shall be approved in advance by the
					 person calling or approving the meeting, in consultation with the chairman or
					 his delegate. No particular form for the agenda is prescribed. Members of the
					 council may propose items for the agenda to the chairman.
Authority
					 G.S.
					 95-134;
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 .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0505-.0506

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 95-134;
Eff. February 1,
					 1976;
Readopted Eff. September 30, 1977;
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 .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0507 - NOTICE OF MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Public notice of any meetings of the council shall be given
					 by the person calling the meetings in accordance with Rule .0501 of this
					 Section or at his direction at least 14 days in advance of the meeting; except
					 when it is impractical to do so, or in an emergency situation, in which event
					 shorter advance notice may be given. Such notice shall be given by press
					 releases in the major newspapers across the state and in newspapers in the area
					 where the meeting is held.
Authority
					 G.S.
					 95-134;
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 .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0509-.0511

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 95-134;
Eff. February 1,
					 1976;
Amended Eff. September 20, 1976;
Readopted Eff.
					 September 30, 1977;
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 .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0512 - PETITIONS FOR CHANGES IN THE RULES: COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  interested person shall have the right to petition for the issuance, amendment
				  or repeal of rules published in part. Any such petition will be considered in a
				  reasonable time. Prompt notice shall be given of the denial in whole or in part
				  of any petition. Except in affirming a prior denial or when the denial is
				  self-explanatory the notice shall be accompanied by a brief statement of the
				  reasons therefor.
(b) Any advisory
				  council member or any other aggrieved person may file a written complaint with
				  the Commissioner of Labor alleging noncompliance with the rules in this part.
				  Any complaint must be timely filed, but in no case shall any complaint be filed
				  later than 90 days following the day on which the act of alleged noncompliance
				  occurred. Any complaint shall be acted upon promptly and a written notice of
				  the disposition of the complaint shall be provided to the
				  complainant.
(c) Complaints and
				  petitions should make reference to this Rule and be filed and addressed as
				  follows: Commissioner of Labor, North Carolina Department of Labor, 1101 Mail
				  Service Center, Raleigh, North Carolina 27699-1101.
Authority
					 G.S.
					 95-134;
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;
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 .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH › Section 07A .0513 - ADVICE OF THE ADVISORY COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  commissioner may request the recommendation of the advisory council appointed
				  under G.S. 95-134 of the act regarding
				  adoption, promulgation, modification or revocation of standards. In such event
				  the commissioner shall submit to the council all pertinent factual information
				  available to him including the results of research, demonstrations, and
				  experiments.
(b) The advisory
				  council shall submit to the commissioner its recommendations within 90 days
				  from the date of commencement of its assigned tasks or within such longer or
				  shorter period otherwise prescribed by the commissioner. If the council
				  believes that it cannot submit its recommendations within the applicable
				  period, its chairman may make a written request for an extension of time to the
				  commissioner before the expiration of the period. The commissioner may grant
				  such a request, provided that the period of extension or extensions together
				  with the original period for the submission of the recommendations is not
				  longer than 270 days from the date the advisory council commenced its assigned
				  tasks.
Authority
					 G.S.
					 95-134;
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 .0600 - SAFETY AND HEALTH PROGRAMS AND COMMITTEES › Section 07A .0601 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section
				  sets forth rules of procedure for implementation of G.S. 95, Article 22 which
				  is entitled "Safety and Health Programs and Committees."
(b) The purpose of this Section is to
				  establish programs which will promote safety and health for all North Carolina
				  employers with a workers' compensation experience rate modifier of 1.5 or
				  above. Employee Safety and Health Committees will be established by all North
				  Carolina employers having 11 or more employees and an experience rate modifier
				  of 1.5 or above.
(c) For the
				  purposes of Rules .0603 and .0606 of this Section, compliance with the safety
				  and health program and the safety and health training requirements of the Mine
				  Safety and Health Administration of the United States Department of Labor shall
				  be deemed sufficient for compliance with Rules .0603 and .0606 of this Section
				  for those operations subject to the federal Mine Safety and Health Act
				  (Public Law
				  91-173 as amended by
				  Public Law
				  95-164).
Authority
					 G.S.
					 95-251;
					 95-252;
					 95-254;
Eff. August 2,
					 1993;
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 .0600 - SAFETY AND HEALTH PROGRAMS AND COMMITTEES › Section 07A .0602 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Fixed location
				  worksite" means any worksite to which an employee regularly reports for at
				  least a consecutive three month period.
(b) "Near-miss" means any accident or
				  incident at a worksite that does not result in injury, but the potential for
				  serious physical harm exists.
(c)
				  "FMSHA"
				  means the Federal Mine Safety and Health Act of 1977 [Public Law
				  95-164].
(d) "MSHANC" means the Mine Safety and Health
				  Act of North Carolina as contained in North Carolina
				  General
				  Statute 74-24.1 et seq.
(e) "Mine Safety Laws" means MSHANC and FMSHA
				  and the rules and standards adopted pursuant thereof.
(f) "OSHANC" means the Occupational Safety
				  and Health Act of North Carolina as contained in North Carolina
				  General
				  Statute 95-126 et seq.
(g) "Regular location worksite" means a
				  single region or geographic area where employees perform work for one
				  employer.
(h) "Mobile work crews"
				  means a group of employees of one specific trade (i.e. carpenters,
				  electricians, roofers) who report to various, non-fixed worksites within one
				  geographic area.
(i)
				  "Multi-employer worksite" means any worksite at which more than one employer
				  has employees reporting to work.
Authority
					 G.S.
					 95-251;
Eff. August 2,
					 1993;
Amended Eff. June 1, 1995;
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 .0600 - SAFETY AND HEALTH PROGRAMS AND COMMITTEES › Section 07A .0604 - SELECTION OF SAFETY COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  employer may elect to implement any one of the following selection processes as
				  a means of meeting the requirements for selection of representatives to
				  employee Safety and Health committees pursuant to
				  G.S.
				  95-252(d). The employer
				  shall retain written documentation outlining any utilized selection process. An
				  employer whose employees are represented by a collective bargaining
				  representative must utilize either subsection 8, 9, or 10 for committee
				  selection purposes. Any non-management employees who choose not to participate
				  in the collective bargaining process are still considered to be represented by
				  the collective bargaining representative for purposes of this Rule for
				  committee selection purposes.
(1) The employer
				  may devise and implement any means of employee selection so long as:
(A) the employee representatives are selected
				  "by and from among the employer's non-management employees" as specified in the
				  statute,
(B) minimum numbers are
				  met, and
(C) the intent of the
				  statute is satisfied.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0600 - SAFETY AND HEALTH PROGRAMS AND COMMITTEES › Section 07A .0605 - SAFETY & HEALTH COMMITTEE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Multi-Site Employers:
(1) Employers with 11 or
				  more employees who do not report to a fixed or regular location worksite are
				  required to have a Safety and Health Committee to represent those employees.
				  The employer must have a separate Safety and Health Committee for each mobile
				  work crew consisting of 11 or more employees.
(2) Employers with employees who report to a
				  fixed or regular location worksite must have a separate safety and health
				  committee for each location with 11 or more employees.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0600 - SAFETY AND HEALTH PROGRAMS AND COMMITTEES › Section 07A .0606 - TRAINING AND EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All safety and
				  health committee members shall receive training and education based on the type
				  of business activity in which the employer is involved and the scope of the
				  committee's duties. At a minimum, employers shall provide training regarding
				  the following:
(1) Hazard identification in
				  the workplace.
(2) Principles
				  regarding effective accident and incident investigations.
(3) Employee and employer rights and
				  responsibilities under the Safety and Health Programs and Committees Act
				  (G.S.
				  95-250 et al.) and the Mine Safety laws or
				  OSHANC.
(4) Recordkeeping
				  requirements of the North Carolina Workers' Compensation Act (G.S.
				  97-1 et seq.) and the Mine Safety laws or
				  OSHANC.
(5) The most common causes
				  of on-the-job accidents.
(6) The
				  most frequently cited violations of either the Mine Safety laws or
				  OSHANC.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0600 - SAFETY AND HEALTH PROGRAMS AND COMMITTEES › Section 07A .0607 - REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
The report forms required from employers within 60 days of
					 notification by the Commissioner of Labor of inclusion in the program shall
					 include the following information:
(1)
				  Name of the employer.
(2) Address
				  of employer.
(3) Telephone number
				  of employer.
(4) Number of
				  employees.
(5) SIC Code.
(6) Unemployment Insurance ID number of the
				  employer.
(7) Description of the
				  manufacturing or work processes at this location.
(8) Name and address of any authorized
				  collective bargaining agent.
(9)
				  Date and Certification of compliance with
				  G.S.
				  95-251 and, if applicable,
				  G.S.
				  95-252.
(10) A timetable for delivery of training to
				  employees and committee members. In no case shall the timetable for delivery of
				  training exceed an additional 90 days beyond notification to the Commissioner
				  of Labor of compliance with these Rules.
Authority
					 G.S.
					 95-255;
Eff. August 2,
					 1993;
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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0701 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section
				  contains rules of practice for administrative proceedings to grant variances
				  and other relief under section
				  95-132, Occupational Safety and
				  Health Act of North Carolina as contained in Article 16, of Chapter 95 of the
				  North Carolina General Statutes.
(b) These rules shall be construed to secure
				  a prompt and just conclusion of proceedings subject thereto.
Authority
					 G.S.
					 95-132;
Eff. February 1,
					 1976;
Amended Eff. September 20, 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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0702 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section, unless the context clearly
					 requires otherwise:
(1) "Act" means
				  the Occupational Safety and Health Act of North Carolina.
(2) "Commissioner" means the Commissioner of
				  Labor of North Carolina.
(3)
				  "Director" means the Director of the Office of Occupational Safety and Health
				  of North Carolina.
(4) "Employer"
				  means a person engaged in a business who has employees, including state or
				  political subdivision of a state, but does not include domestic workers
				  employed in the place of residence of his or her employer.
(5) "Party" means a person authorized to
				  participate in a hearing conducted in accordance with Rule .0712 to .0719 of
				  this Section. An applicant for relief and any affected employee shall be
				  entitled to be named parties. The Department of Labor, represented by the
				  Office of the Attorney General shall be deemed to be a party without the
				  necessity of being named.
(6)
				  "Affected employee" means an employee who would be affected by the grant or
				  denial of a variance or any one of his authorized representatives, such as his
				  collective bargaining agent.
Authority
					 G.S.
					 95-132;
Eff. February 1,
					 1976;
Amended Eff. September 20, 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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0703 - PETITIONS FOR AMENDMENTS TO THIS PART

Current through Register Vol. 39, No. 2, July 15, 2024
Any person may at any time petition the Commissioner in
					 writing to revise, amend, revoke, or suspend any provisions of this part. The
					 petition should set forth either the terms or the substance of the rule
					 desired, with a concise statement of the reasons therefore and the effects
					 thereof.
Authority
					 G.S.
					 95-132;
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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0704 - AMENDMENTS TO THIS PART

Current through Register Vol. 39, No. 2, July 15, 2024
The Commissioner may at any time revise, amend, revoke, or
					 suspend in the interests of justice, any provisions of this part, on his own
					 motion or upon the written petition of any person.
Authority
					 G.S.
					 95-132;
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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0705 - EFFECT OF VARIANCES

Current through Register Vol. 39, No. 2, July 15, 2024
All variances granted pursuant to this part shall have only
					 future effect. In his discretion, the Commissioner may decline to entertain an
					 application for a variance on a subject or issue concerning which a citation
					 has been issued to the employer involved and a proceeding on the citation or
					 related issue concerning a proposed penalty or period of abatement is pending
					 before the Occupational Safety and Health Review Board or appropriate state
					 review authority until the completion of such proceeding.
Authority
					 G.S.
					 95-132;
Eff. February 1,
					 1976;
Amended Eff. June 8, 1977;
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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0706 - FORM OF DOCUMENTS: SUBSCRIPTION: COPIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  particular form is prescribed for applications and other papers which may be
				  filed in proceedings under this part. However, any applications and other
				  papers shall be clearly legible. An original and the copies of any application
				  or other papers shall be clearly legible. An original and two copies of any
				  application or other papers shall be filed. The original shall be typewritten.
				  Clear carbon copies, or printed or processed copies are acceptable
				  copies.
(b) Each application or
				  other paper which is filed in proceedings under this part shall be subscribed
				  to by the person filing the same or by his attorney or other authorized
				  representative.
Authority
					 G.S.
					 95-132;
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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0707 - VARIANCES AND OTHER RELIEF UNDER SECTION 95 132(A)

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Application for a Temporary Variance. Any employer, or class of employers,
				  desiring a temporary variance from a standard, or portion thereof, authorized
				  by section
				  95-132 of the Act may file a
				  written application containing the information specified in
				  29 CFR
				  1905.10(b) with the
				  Commissioner of the North Carolina Department of Labor, 1101 Mail Service
				  Center, Raleigh, North Carolina 27699-1101.
(b) Interim Order.
(1) Application. An application may also be
				  made for an interim order to be effective until a decision is rendered on the
				  application for the variance filed previously or concurrently. An application
				  for an interim order may include statements of facts and arguments as to why
				  the order should be granted. The Commissioner may rule ex parte upon the
				  application.
(2) Notice of Denial
				  of Application. If an application filed pursuant to Subparagraph (1) of this
				  Paragraph is denied, the applicant shall be given prompt notice of the denial,
				  which shall include or be accompanied by, a brief statement of the grounds
				  therefore.
(3) Notice of the Grant
				  of an Interim Order. If an interim order is granted, a copy of the order shall
				  be served upon the applicant for the order and other parties. It shall be a
				  condition of the order that the affected employer shall give notice thereof to
				  affected employees by the same means to be used to inform them of an
				  application for a variance.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0708 - VARIANCES AND OTHER RELIEF UNDER SECTION 95 132(B)

Current through Register Vol. 39, No. 2, July 15, 2024
Application for a Permanent Variance. Any employer, or
					 class of employers, desiring a permanent variance authorized by
					 G.S.
					 95-132(b) of the Act may
					 file a written application with the Commissioner of the Department of Labor
					 containing the information specified in
					 29 CFR
					 1905.11(b), which is
					 incorporated by reference and shall automatically include any subsequent
					 amendments thereto.
Authority
					 G.S.
					 95-132;
					 95-136;
Eff. February
					 1, 1976;
Amended Eff. June 8, 1977; September 20, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 1998; May
					 1, 1994;
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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0709 - MODIFICATION: REVOCATION: AND RENEWAL OF RULES OR ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Modification or Revocation
(1) An affected
				  employer or an affected employee may apply in writing to the Commissioner for a
				  modification or revocation of a rule or order issued under section
				  95-132(a) or
				  95-132(b) of the
				  Act. The application shall contain:
(A) the
				  name and address of the applicant;
(B) a description of the relief which is
				  sought;
(C) a statement setting
				  forth with particularity the grounds for relief;
(D) if the applicant is an employer, a
				  certification that the applicant has informed his affected employees of the
				  application by:
(i) giving a copy thereof to
				  their authorized representative;
(ii) posting at the place or places where
				  notices to employees are normally posted, a statement giving a summary of the
				  application and specifying where a copy of the full application may be examined
				  (or, in lieu of the summary, posting the application itself); and
(iii) other appropriate means such as by
				  first class mail, company newsletter or enclosed in employee pay
				  envelopes.
(E) if the
				  applicant is an affected employee, a certification that a copy of the
				  application has been furnished to the employer; and
(F) any request for a hearing, as provided in
				  Rule .0711 of this Section.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0710 - ACTION ON APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Defective
				  Applications
(1) If an application filed
				  pursuant to Rule .0707, or .0708, or .0709 of this Section does not conform to
				  the applicable rule, the Commissioner may deny the application.
(2) Prompt notice of the denial of an
				  application shall be given to the applicant.
(3) A notice of denial shall include, or be
				  accompanied by, a brief statement of the grounds for the denial.
(4) A denial of an application pursuant to
				  this Paragraph shall be without prejudice to the filing of another
				  application.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0711 - REQUESTS FOR HEARINGS ON APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Request
				  for Hearing. Within the time allowed by a notice of the filing of an
				  application, any affected employer or employee may file with the Commissioner,
				  in quadruplicate, a request for a hearing on the application.
(b) Contents of a Request for a Hearing. A
				  request for a hearing pursuant to Paragraph (a) of this Rule shall include:
(1) a concise statement of facts showing how
				  the employer or employee would be affected by the relief applied for;
(2) a specification of any statement or
				  representation in the application which is denied, and a concise summary of the
				  evidence that would be adduced in support of each denial; and
(3) any views or arguments on any issue of
				  fact or law presented.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0712 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Service. Upon
				  request for a hearing as provided in this part, or upon his own initiative, the
				  Commissioner shall serve, or cause to be served, a reasonable notice of
				  hearing.
(b) Contents. A notice of
				  hearing served under Paragraph (a) of this Rule shall include:
(1) the time, place and nature of the
				  hearing;
(2) the legal authority
				  under which the hearing is to be held;
(3) a specification of issues of fact and
				  law; and
(4) a designation of a
				  hearing officer appointed to preside over the hearing.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0713 - MANNER OF SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
Service of any document upon any party may be made by
					 personal delivery, or by mailing a copy of the document to the last known
					 address of the party. The person serving the document shall certify to the
					 manner and the date of the service.
Authority
					 G.S.
					 95-132;
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 .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0714 - HEARING OFFICERS: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Powers. A
				  hearing officer designated by the Commissioner to preside over a hearing shall
				  have all powers necessary or appropriate to conduct a fair, full, and impartial
				  hearing, including the following:
(1) to
				  administer oaths and affirmations;
(2) to rule upon offers of proof and receive
				  relevant evidence;
(3) to provide
				  for discovery and to determine its scope;
(4) to regulate the course of the hearing and
				  the conduct of the parties and their counsel therein;
(5) to consider and rule upon procedural
				  requests;
(6) to hold conferences
				  for the settlement or simplification of the issues by consent of the
				  parties;
(7) to make, or to cause
				  to be made, an inspection of the employment or place of employment
				  involved;
(8) to make decisions in
				  accordance with the Act, and this part; and
(9) to take any other appropriate action
				  authorized by the Act, this part or the Commissioner.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0715 - PREHEARING CONFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Convening a
				  Conference. Upon his own motion or the motion of a party, the hearing officer
				  may direct the parties or their counsel to meet with him for a conference to
				  consider:
(1) simplification of the
				  issues;
(2) necessity or
				  desirability of amendments to documents for purposes of clarification,
				  simplification, or limitation;
(3)
				  stipulations, admissions of fact, and of contents and authenticity of
				  documents;
(4) limitation of the
				  number of parties and of expert witnesses; and
(5) such other matters as may tend to
				  expedite the disposition of the proceeding, and to assure a just conclusion
				  thereof.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0716 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Order of
				  Proceeding. Except as may be ordered otherwise by the presiding hearing
				  officer, the party applying for a variance shall proceed first at a
				  hearing.
(b) Burden of Proof. The
				  party applicant shall have the burden of proof.
(c) Evidence
(1) Admissibility. A party shall be entitled
				  to present his case or defense by oral or documentary evidence to submit
				  rebuttal evidence, and to conduct such cross examination as may be required for
				  a full and true disclosure of the facts. Any oral or documentary evidence may
				  be received, but a presiding hearing officer shall exclude evidence which is
				  irrelevant, immaterial, or unduly repetitious.
(2) Testimony of Witnesses. The testimony of
				  a witness shall be upon oath or affirmation administered by the presiding
				  hearing officer.
(3) Objections. If
				  a party objects to the admission or rejection of any evidence, or to the
				  limitation of the scope of any examination or cross examination, or to the
				  failure to limit such, he shall state briefly the grounds for such objection.
				  Rulings on all objections shall appear in the record. Only objections made
				  before the presiding hearing officer may be relied upon subsequently in a
				  proceeding.
(4) Exceptions. Formal
				  exception to an adverse ruling is not required.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0717 - DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Proposed
				  Findings of Fact, Conclusions, and Rules or Orders. Within 10 days after
				  receipt of notice that the transcript of the testimony has been filed, or such
				  additional time as the presiding hearing officer may allow, each party may file
				  with the hearing officer proposed findings of fact, conclusions of law, and
				  rule or order, together with a supporting brief expressing the reasons for such
				  proposals. Such proposals and brief shall be served on all other parties, and
				  shall refer to all portions of the record and to all authorities relied upon in
				  support of each proposal.
(b)
				  Within a reasonable time after the time allowed for the filing of proposed
				  findings of fact, conclusions of law, and rules or order and supporting briefs,
				  the hearing officer shall transmit his recommendations to the
				  Commissioner.
(c) Within a
				  reasonable time after the time allowed for the filing of proposed findings of
				  fact, conclusions of law, rule or order, and the hearing officer's
				  recommendations, the Commissioner shall make and serve upon each party his
				  decision, which shall become final upon the 20th day after service thereof,
				  unless exceptions are filed thereto, as provided in .0718 of this Section. The
				  decision of the Commissioner shall include:
(1) a statement of findings and conclusions,
				  with reasons and basis therefore, upon each material issue of fact, law, or
				  discretion presented on the record; and
(2) the appropriate rule, order, relief, or
				  denial thereof; The recommendations of the hearing officer shall be based upon
				  a consideration of the whole record and shall state all facts officially
				  noticed and relied upon. It shall be made on the basis of a preponderance of
				  reliable and probative evidence.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 07 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH › Subchapter A - GENERAL RULES AND OPERATIONAL PROCEDURES › Section .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS › Section 07A .0718 - EXCEPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Within 20 days after service of a decision of the
					 Commissioner, any party may file written exceptions thereto with supporting
					 reasons. Such exceptions shall refer to the specific findings of fact,
					 conclusions of law, or terms of the rule or order excepted to, the specific
					 pages of transcript relevant to the suggestions, and shall suggest corrected
					 findings of fact, conclusions of law, or terms of the rule or order. Upon
					 receipt of any exceptions, the Commissioner shall fix a time for filing any
					 objections to the exceptions and any supporting reasons.
Authority
					 G.S.
					 95-132;
Eff. February 1,
					 1976;
Amended Eff. September 20, 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 .0800 - INFORMAL CONFERENCE PROCEDURES › Section 07A .0801 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This Section sets forth the rules of procedure for
					 implementation of
					 G.S.
					 95-137(b)(1) regarding an
					 employer's request for an informal conference following the issuance of a
					 citation to that employer.
Authority
					 G.S.
					 95-133;
					 95-137;
Eff. June 1,
					 1995;
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 .0800 - INFORMAL CONFERENCE PROCEDURES › Section 07A .0802 - TIME LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An employer has
				  15 working days from receipt of a citation to notify the Director in writing
				  that the employer wishes to either contest under the provisions of
				  G.S.
				  95-137(b)(1) or request an
				  informal conference.
(b) The
				  Director shall attempt to schedule the informal conference within the 15
				  working day contestment period. However, if the receipt of the request for an
				  informal conference does not allow for the scheduling of the informal
				  conference within the 15 working day contestment period, an additional 5
				  working days may be allowed in which to hold the informal conference.
(c) No more than 20 working days from the
				  date of the employer's receipt of the citation shall be allowed in which to
				  conduct an informal conference and notify the employer of the
				  results.
(d) If an employee
				  contests a specific abatement date with the Occupational Safety and Health
				  Review Board pursuant to
				  G.S.
				  95-130(11), no
				  pre-contestment informal conference may be held regarding that specific
				  abatement date.
Authority
					 G.S.
					 95-133;
					 95-137;
Eff. June 1,
					 1995;
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 .0800 - INFORMAL CONFERENCE PROCEDURES › Section 07A .0803 - PARTIES TO INFORMAL CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to any employer representatives and any OSHA
					 personnel, employees represented by a bargaining agent shall be notified of the
					 informal conference and invited to attend. Employees not represented by a
					 bargaining agent shall be notified through the posting of a notice of the
					 informal conference, and representatives of such employees may be allowed to
					 attend the conference at the discretion of the Director.
Authority
					 G.S.
					 95-133;
					 95-137;
Eff. June 1,
					 1995;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.