North Carolina

 



The Commissioner of Labor shall be elected by the people in the same manner as is provided for the election of the Secretary of State. The term of office of the Commissioner of Labor shall be...


The Department of Labor shall consist of the following officers, divisions and sections: A Commissioner of Labor. A Division of Standards and Inspections. A Division of Statistics. Each...


The Commissioner of Labor shall be the executive and administrative head of the Department of Labor. In addition to the other powers and duties conferred upon the Commissioner of Labor by...


The Commissioner of Labor shall annually, on or before the first day of January, file with the Governor a report covering the activities of the Department, and the report so made on or...


It shall be the duty of the Commissioner of Labor to collect in the manner herein provided for, and to assort, systematize, and present to the Governor as a part of the report provided for in...


The Commissioner of Labor, or his authorized representative, for the purpose of securing the statistical details referred to in G.S. 95-6, shall have power to examine witnesses on oath, to...


It shall be the duty of every employer to keep posted in a conspicuous place in every room where five or more persons are employed a printed notice stating the provisions of the law relative...

 

Repealed by Session Laws 1963, c. 313, s. 1. [Repealed/Reserved] ...


(a) The chief administrative officer of the Division of Standards and Inspection shall be known as the Director of the Division. It shall be his duty, under the direction and supervision of...


The Division of Statistics shall be in charge of a Chief Statistician. It shall be his duty, under the direction and supervision of the Commissioner of Labor, to collect, assort, systematize,...


In the event any person, firm or corporation shall, after notice by the Commissioner of Labor, violate any of the rules or regulations promulgated under the authority of this Article or any...


The North Carolina State Department of Labor may and it is hereby authorized to enter into agreements with the Wage and Hour Division, and the Children's Bureau, United States Department of...


(a) This Article shall be known and may be cited as the Wage and Hour Act. (b) The public policy of this State is declared as follows: The wage levels of employees, hours of labor, payment...


In this Article, unless the context otherwise requires: (1) Agriculture includes farming in all its branches performed by a farmer or on a farm as an incident to or in conjunction...

 


(a) Every employer shall pay to each employee who in any workweek performs any work, wages of at least the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act,...


(a) Any employer may, in lieu of the minimum wage prescribed by subsections (a) through (e) of G.S. 95-25.3, pay an eligible employee a training wage while such employee is: (1) Employed...


(a) Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours...


(a) No youth under 18 years of age shall be employed by any employer in any occupation without a youth employment certificate unless specifically exempted. The Commissioner of Labor...


Every employer shall pay every employee all wages and tips accruing to the employee on the regular payday. Pay periods may be daily, weekly, bi-weekly, semi-monthly, or monthly. Wages based...


Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if requested by...


(a) If the amount of wages is in dispute, the employer shall pay the wages, or that part of the wages, which the employer concedes to be due without condition, within the time set by this...


An employer may withhold or divert any portion of an employee's wages when: (1) The employer is required or empowered to do so by State or federal law, or (2) The employer has a...


Cash shortages, inventory shortages, or loss or damage to an employer's property may not be deducted from an employee's wages unless the employee receives notice of the amount to be deducted...


Cash shortages, inventory shortages, loss or damage to an employer's property, and deposits by the employee for the use of the employer's property may be deducted by an employer from an...


(a) The provisions of G.S. 95-25.8, G.S. 95-25.9, and G.S. 95-25.10 do not apply if criminal process has issued against the employee, if the employee has been indicted, or if the employee has...


No employer is required to provide vacation for employees. However, if an employer provides vacation for employees, the employer shall give all vacation time off or payment in lieu of time off...


Every employer shall: (1) Notify its employees, orally or in writing at the time of hiring, of the promised wages and the day and place for payment; (2) Make available to its employees,...


(a) The provisions of G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), and G.S. 95-25.5 (Youth Employment), and the provisions of G.S. 95-25.15(b) (Record Keeping) as they relate to...


(a) The Commissioner or his designated representative shall have the power and authority to enter any place of employment and gather such facts as are essential to determine whether or not...


(a) The Commissioner shall enforce and administer the provisions of this Article, and the Commissioner or his authorized representative is empowered to hold hearings and to institute criminal...


It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings in connection with this Article. ...


The Commissioner may adopt rules needed to implement this Article. ...


Files and other records relating to investigations and enforcement proceedings pursuant to this Article, or pursuant to Article 21 of this Chapter with respect to Wage and Hour Act...


(a) It shall be unlawful for any person to interfere unduly with, hinder, or delay the Commissioner or any authorized representative in the performance of official duties or refuse to give...


(a) Any employer who violates the provisions of G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), or G.S. 95-25.6 through 95-25.12 (Wage Payment) shall be liable to the employee or...


(a) Any employer who violates the provisions of G.S. 95-25.5 (Youth Employment) or any regulation issued thereunder, shall be subject to a civil penalty not to exceed two hundred fifty dollars...


The Commissioner may file in the office of the clerk of the superior court of any county a certified copy of an assessment, either unappealed from or affirmed in whole or in part upon appeal, of...


The General Court of Justice has jurisdiction and authority upon application of the Commissioner to enjoin or restrain violations of this Article, including the restraint of any withholding...


This Article shall receive a liberal construction to the end that the welfare of adult and minor workers may be protected. If any provisions of this Article or the application thereof to...


Repealed by Session Laws 1971, c. 56. [Repealed/Reserved] ...


Repealed by Session Laws 1973, c. 660, s. 3. [Repealed/Reserved] ...


Repealed by Session Laws 1997-443, s. 19.14. [Repealed/Reserved] ...


(a) No person, firm, corporation, unincorporated association, State agency, unit of local government, or any public or private entity shall deny or refuse employment to any person or discharge...


(a) As used in this section, employer means the State and all political subdivisions of the State, public and quasi-public corporations, boards, bureaus, commissions, councils, and...


(a) It is the belief of the General Assembly that parent involvement is an essential component of school success and positive student outcomes. Therefore, employers shall grant four hours per...


Repealed by Session Laws 1973, c. 660, s. 4. [Repealed/Reserved] ...


Repealed by Session Laws 1971, c. 240. [Repealed/Reserved] ...


No employer of labor shall be responsible for any assignment of wages to be earned in the future, executed by an employee, unless and until such assignment of wages is accepted by the employer...


The provisions of this Article shall apply to all labor disputes in North Carolina. ...


The administration of this Article shall be under the general supervision of the Commissioner of Labor of North Carolina. ...


There is hereby established in the Department of Labor a conciliation service. The Commissioner of Labor may appoint such employees as may be required for the consummation of the work under...


Upon his own motion in an existent or imminent labor dispute, the Commissioner of Labor may, and, upon the direction of the Governor, must order a conciliator to take such steps as seem...


It is hereby declared as the public policy of this State that the best interests of the people of the State are served by the prompt settlement of labor disputes; that strikes and lockouts...


The provisions of this Article shall apply only to voluntary agreements to arbitrate labor disputes including, but not restricted to, all controversies between employers, employees and...


(a) The administration of this Article shall be under the general supervision of the Commissioner of Labor of North Carolina. (b) There is hereby established in the Department of Labor...


(a) It shall be the duty of the Commissioner of Labor to maintain a list of qualified and public-spirited citizens who will serve as arbitrators. All appointments of a single arbitrator or...


(a) All the costs of any arbitration proceeding under this Article, including the fees and expenses of the arbitrator or arbitration panel, shall be paid by the parties to the proceeding...


The parties may by agreement determine the method of appointment of the arbitrator or arbitration panel. If the parties have agreed upon arbitration under this Article and have not...


Upon the selection or appointment of an arbitrator or arbitration panel in any labor dispute, a statement of the issues or questions in dispute shall be submitted to said arbitrator or panel...


(a) Written agreements to arbitrate labor disputes, including but not restricted to controversies relating to wages, hours and other conditions of employment, shall be valid, enforceable...


Recodified as 95-47.1 to 95-47.13. ...


As used in this Article, unless the context clearly requires otherwise: (1) Accept employment means to accept an employer's offer of employment or to begin work for an employer....

(a) No person shall open, keep, maintain, own, operate or carry on a private personnel service unless the person has first procured a license therefor as provided in this Article. (b)...


(a) Every license applicant shall file with the Commissioner a schedule of fees or charges made by the private personnel service to applicants for employment for any services rendered,...


(a) An applicant who accepts employment that is compensated in whole or in part on a commission basis, and who pays a fee to the licensee calculated on the commission-based compensation...


(a) A contract between a private personnel service and an applicant shall be in writing, labeled as a contract, physically separate from any application and made in duplicate. One copy shall...


Every private personnel service shall maintain for a period of two years, the following records: (1) Job orders or job specifications. (2) Executed applicant contracts. (3) Information...


A private personnel service shall not engage in any of the following activities or conduct: (1) Induce or attempt to induce any employee placed by that private personnel service to...


(a) There is hereby established the North Carolina Private Personnel Service Advisory Council. The Council shall be composed of 12 members appointed by the Commissioner. Each member of the...


The Advisory Council shall: (1) Inquire into the nature of the private personnel service industry, and make such recommendations as may be deemed important and necessary for the welfare of...


(a) This Article shall be enforced by the Commissioner. The Commissioner or any duly authorized agent, deputies or assistants designated by the Commissioner, may upon receipt of a complaint that...



The Commissioner may apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto, and such courts are empowered to grant...


This Article shall not in any manner affect or apply to the State of North Carolina, the government of the United States, or to any city, county or town, or any agency of any of those governments. ...


This Article is not intended to conflict with or affect any license tax placed upon private personnel services by the revenue laws of North Carolina, but instead shall be construed...


If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end...


Any temporary help service as described in G.S. 95-47.1(16)c that operates in North Carolina shall notify the Department of Labor in writing that the temporary help service: (1) Operates...


Any employer fee paid personnel consulting service or temporary help service, as the two terms are described in G.S. 95-47.1(16)f, that operates in North Carolina shall certify annually to...


Reserved for future codification purposes. [Repealed/Reserved] ...


Definitions of terms used in this Article shall be the same as in Chapter 95, Article 5A (Regulation of Private Personnel Services), with the words job listing service substituted,...


No person shall operate a job listing service in North Carolina without first obtaining a license from the Commissioner. A job listing service shall have a separate license for each location...


Any person who violates the provisions of this Article by operating a job listing service without a valid license from the Commissioner shall be subject, under current regulations adopted...


(a) In addition to the requirements of subsection (b) of this section, the procedure, under rules adopted pursuant to this Article, for the issuance, denial and renewal of job listing...


Under regulations adopted pursuant to this Article, a job listing service may be issued a warning, citation or notice of violation, or may have its license revoked or suspended, or its...


Under regulations adopted pursuant to this Article, a job listing service shall abide by provisions substantially the same as those provided under G.S. 95-47.6(7) (kickbacks), G.S....


(a) In conducting any form of advertising, a job listing service shall identify itself by its business name and identify itself as a job listing service by using in the name or elsewhere in...


A job listing service shall give every applicant from whom payment is received a receipt stating the name and address of the job listing service, the name of the applicant, the date and the...


A job listing service shall not publish information about a position of employment with an employer that the job listing service knows or has reason to know: (1) Has included false...


Each job listing service shall maintain and make available for inspection by the Commissioner the following records of the operation of the job listing service for the 18 months...


This Article shall be enforced under the general supervision of the Commissioner, who shall have the same powers and duties in the enforcement of this Article as in the enforcement of Article...


After the Commissioner receives written statements from two or more applicants complaining that the applicant failed to obtain employment as a result of the services of a job listing service,...


Repealed by Session Laws 1993, c. 204, s. 1. [Repealed/Reserved] ...


Repealed by Session Laws 1981 (Regular Session, 1982), c. 1187, s. 1. ...


This Article shall be known as the Uniform Boiler and Pressure Vessel Act of North Carolina. ...


(a) The term board shall mean the North Carolina Board of Boiler and Pressure Vessel Rules; (b) The term boiler shall mean a closed vessel in which water is heated, steam is generated,...

The Commissioner of Labor is hereby charged, directed, and empowered: (1) To adopt, modify, or revoke rules governing the construction, operation, and use of boilers and pressure...


There is hereby created the office of Director of the Boiler and Pressure Vessel Division within the North Carolina Department of Labor. The person holding this office shall assist...


(a) There is hereby created the North Carolina Board of Boiler and Pressure Vessels Rules consisting of nine members appointed by the Commissioner, of which three shall be appointed for a term...


The Commissioner, after consultation with the Board, may adopt, modify or revoke such rules and regulations governing the construction, installation, repair, alteration, inspection, use...


(a) There shall be three types of inspectors authorized to conduct inspections and report their findings to the Director under this Article: (1) Boiler and Pressure Vessel Inspector. --...


All boilers and pressure vessels subject to the provisions of this Article shall be inspected by an authorized inspector. The Commissioner may determine both the frequency and the method...


It shall be unlawful for any person, firm, partnership, association or corporation to operate or use any boiler or pressure vessel in this State, and to which this Article applies, without a...


Repealed by Session Laws 1975, c. 412, s. 1. ...


No resident creditor or other holder of any book account, negotiable instrument, duebill or other monetary demand arising out of contract, due by or chargeable against any resident wage earner...


No person residing or sojourning in this State shall counsel, aid, or abet any violation of the provisions of G.S. 95-73. ...


No provision of this Article shall be so construed as to deprive any person entitled to its benefits of any legal or equitable remedy already possessed under the laws of this State. ...


The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercion. It is hereby declared to be the...


Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for...


No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer. ...


No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment. ...


No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization. ...


The provisions of this Article shall not apply to any lawful contract in force on the effective date hereof but they shall apply in all respects to contracts entered into thereafter and to...


Repealed by Session Laws 1979, c. 839, s. 2. ...


Repealed by Session Laws 1998-217, s. 26, effective October 31, 1998. ...


Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any...


Strikes by public employees are hereby declared illegal and against the public policy of this State. No person holding a position either full- or part-time by appointment or employment with...


Any violation of the provisions of this Article is hereby declared to be a Class 1 misdemeanor. ...


The provisions of Article 10 of Chapter 95 of the General Statutes shall not apply to the State of North Carolina or any agency, institution, or instrumentality thereof or the employees of...

As used in this Article, the term labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employee or employees...


It shall be unlawful for any carrier or shipper of property or any association of such carriers or shippers to agree to pay, or to pay, to or for the benefit of a labor organization, directly...


It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described in G.S....


Any person, firm, corporation, association or partnership which or who agrees to pay, or does pay, or agrees to receive, or does receive, any payment described in this Article shall be guilty of...


The Department of Labor shall assess and collect the following inspection service fees for the installation and alteration of elevators, escalators, dumbwaiters that are not installed or...


(a) The Department of Labor shall assess and collect the following inspection service fees for annual inspections for each location within the State of amusement devices, aerial...


The assessment of the fees adopted by the Commissioner pursuant to G.S. 95-110.5 and G.S. 95-111.4 shall be made against the owner or operator of the equipment and may be collected at the time...


All fees collected by the Department of Labor pursuant to G.S. 95-110.5 and G.S. 95-111.4 shall be deposited with the State Treasurer and shall be used exclusively for inspection and...


Repealed by Session Laws 1985 (Regular Session, 1986), c. 990, s. 3. [Repealed/Reserved] ...


Reserved for future codification purposes. [Repealed/Reserved] ...


(a) This Article shall be known as the Elevator Safety Act of North Carolina. (b) The General Assembly finds that the use of unsafe and defective lifting devices imposes a substantial...


This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation...


(a) The term Commissioner shall mean the North Carolina Commissioner of Labor or his authorized representative. (b) The term Director shall mean the Director of the Elevator and...


There is hereby created an Elevator and Amusement Device Division within the Department of Labor. The Commissioner shall appoint a director of the Elevator and Amusement Device Division and...


The Commissioner of Labor is hereby empowered: (1) To delegate to the Director of the Elevator and Amusement Device Division such powers, duties and responsibilities as the...


(a) Whenever the Commissioner determines that a device or equipment is subject to the provisions of this Article, and that the operation of such device or equipment is exposing the public to...


(a) No person shall operate or permit to be operated or use any device or equipment subject to the provisions of this Article without a valid certificate of operation unless the absence of a...


No person shall operate, permit to be operated or use any device or equipment subject to the provisions of this Article if such person knows or reasonably should know that such operation or...


(a) The owner of any device or equipment regulated under the provisions of this Article, or his authorized agent, shall within 24 hours notify the Commissioner of each and every...


(a) Any person who violates G.S. 95-110.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) shall be subject to a civil penalty not...


(a) Any person who violates G.S. 95-110.8 (Operation of unsafe device or equipment) shall be guilty of a Class 2 misdemeanor. (b) Any person misrepresenting himself as an authorized...


It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings in connection with this Article or the rules...


All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this Article or the rules...


This Article and the rules and regulations promulgated thereunder shall receive a liberal construction to the end that the welfare of the people may be protected. If any provisions of either...

Reserved for future codification purposes. [Repealed/Reserved] ...


(a) This Article shall be known as the Amusement Device Safety Act of North Carolina. (b) The General Assembly finds that although most amusement devices are free from defect and operated in...

(a) This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation...


(a) The term amusement device shall mean any mechanical or structural device or attraction that carries or conveys or permits persons to walk along, around or over a fixed or restricted route...


(a) An owner of a device subject to the provisions of this Article, or his authorized agent, is hereby required to make a pre-opening inspection and test of such device, prior to admitting...


(a) Whenever the Commissioner determines that a device is subject to the provisions of this Article and the operation of such device is exposing the public to an unsafe condition likely to...


(a) No person shall operate or permit to be operated or use any device subject to the provisions of this Article without a valid certificate of operation. (b) No person shall operate or permit...


No person shall operate for the public or permit the operation for the public any device subject to the provisions of this Article after initial assembly or after reassembly at any location...


No person shall operate, permit to be operated or use any device subject to the provisions of this Article if such person knows or reasonably should know that such operation or use will expose...


(a) The owner of any device regulated under the provisions of this Article, or his authorized agent, shall within 24 hours, notify the Commissioner of each and every occurrence involving...


Any operator of a device subject to the provisions of this Article shall be at least 18 years of age. An operator shall operate no more than one device at any given time. An operator shall be...


(a) No owner shall operate a device subject to the provisions of this Article, unless at the time, there is in existence a contract of insurance providing coverage of not less than one...


(a) Any person who violates G.S. 95-111.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) shall be subject to a civil penalty not...


The owner or amusement device operator may deny any person entrance to an amusement device if he or she believes such entry may jeopardize the safety of the person desiring entry, riders or...


It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings in connection with this Article or the rules...


Consistent with the requirements and conditions provided in this Article and the rules and regulations promulgated thereunder, the State, upon recommendation of the Commissioner of Labor,...


This Article and the rules and regulations promulgated thereunder shall receive a liberal construction to the end that the welfare of the people may be protected. If any provisions of either...



Reserved for future codification purposes. [Repealed/Reserved] ...


In order to safeguard life, health, property, and the welfare of this State, it shall be the policy of the State of North Carolina to protect its citizens and visitors from unnecessary...


Each word or term defined in this Article has the meaning indicated in this section, unless a different meaning is plainly required by the context. (1) Commissioner means the Commissioner...


No passenger tramway shall be operated in this State unless it has been registered by the Commissioner of Labor. On or before November 1 in each year, every operator of a passenger tramway...


In addition to all other powers and duties conferred and imposed upon the Commissioner by this Article, the Commissioner shall have and exercise the following powers and duties: (1) To...


The Commissioner may cause to be made such inspections of the construction, operation, and maintenance of passenger tramways as he shall deem to be reasonably necessary. If, as the result of...


When facts are presented to the Commissioner tending to show that an unreasonable hazard exists in the continued operation of a passenger tramway, and after such verification of said facts as...


If, after investigation, the Commissioner finds that a violation of any of his rules and regulations exists, or that there is a condition in passenger tramway construction, operation,...


If any operator fails to comply with the lawful order of the Commissioner as issued under this Article, and within the time fixed thereby, the Commissioner may suspend the registration of...


This Article shall take effect and become operative on July 30, 1969, provided that the initial applications for registration of passenger tramways shall be filed on or before November 1,...


(a) This Article shall be known as the Occupational Safety and Health Act of North Carolina and also may be referred to by abbreviations as OSHANC. (b) Legislative findings and purpose:...


In this Article, unless the context otherwise requires: (1) The term Advisory Council shall mean the Advisory Council or body established under this Article. (2) The term Board means...


The provisions of this Article or any standard or regulation promulgated pursuant to this Article shall apply to all employers and employees except: (1) The federal government, including...


Rights and duties of employers shall include but are not limited to the following provisions: (1) Each employer shall furnish to each of his employees conditions of employment and a place...


Rights and duties of employees shall include but are not limited to the following provisions: (1) Employees shall comply with occupational safety and health standards and all rules,...


(a) All occupational safety and health standards promulgated under the federal act by the Secretary, and any modifications, revision, amendments or revocations in accordance with the...


(a) There is hereby created and established in the North Carolina Department of Labor a division to be known as the Office of Occupational Safety and Health. The Commissioner shall appoint...


(a) There is hereby established a State Advisory Council on Occupational Safety and Health consisting of 11 members, appointed by the Commissioner, composed of three representatives...


(a) The Safety and Health Review Board is hereby established. The Board shall be composed of three members from among persons who, by reason of training, education or experience, are qualified...


(a) In order to carry out the purposes of this Article, the Commissioner or Director, or their duly authorized agents, upon presenting appropriate credentials to the owner, operator, or agent...


(a) As used in this section, a special emphasis inspection is an inspection by the Department's occupational safety and health division that is scheduled because of an employer's high...


(a) If, upon inspection or investigation, the Director or his authorized representative has reasonable grounds to believe that an employer has not fulfilled his duties as prescribed in...


(a) Any employer who willfully or repeatedly violates the requirements of this Article, any standard, rule or order promulgated pursuant to this Article, or regulations prescribed pursuant to...


Any employer who willfully violates any standard, rule, regulation or order promulgated pursuant to the authority of this Article, and said violation causes the death of any employee, shall...


(a) The superior courts of this State shall have jurisdiction, upon petition of the Commissioner, to restrain any conditions or practices in any place of employment which are such that a...


Any person or party in interest who has exhausted all administrative remedies available under this Article and who is aggrieved by a final decision in a contested case is entitled to...


It shall be the duty of the Attorney General to represent the Department of Labor or designate some member of his staff to represent them in all actions or proceedings in connection with...


(a) Each employer shall make available to the Commissioner, or his agents, in such manner as the Commissioner shall require, copies of the same records and reports regarding his...


(a) In order to further the purposes of this Article, the Commissioner shall develop and maintain an effective program of collection, compilation, and analysis of occupational safety and...


(a) The Commissioner shall require employers in the State to make reports to the Secretary in the same manner and to the same extent as if the plan in force under this Article were not in...


The Commissioner shall from time to time furnish to the Secretary information and assurances that this Article is being administered by adequate methods and by standards and enforcement...


(a) The Commissioner, after consultation with appropriate departments and agencies of the State and subdivisions of government, shall conduct, directly or by grants or contracts, (i)...


It shall be the responsibility of each administrative department, commission, board, division or other agency of the State and of counties, cities, towns and subdivisions of government...


The Commissioner may enter into contracts with the Department of Health and Human Services or any other State officer or State agency or State instrumentality, or any municipality, county,...


No employer, employee, or any other person related to the administration of this Article shall be discriminated against in any work, procedure, or employment by reason of sex, race, ethnic...


All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this Article which contains or...


Reserved for future codification purposes. [Repealed/Reserved] ...


Consistent with the requirements and conditions provided in this Article the State, upon the recommendation of the Commissioner of Labor and approval of the Governor, may enter into agreements...


This Article shall receive a liberal construction to the end that the safety and health of the employees of the State may be effectuated and protected. If any provision of this Article or...


Reserved for future codification purposes. [Repealed/Reserved] ...


Repealed by Session Laws 1979, c. 839, s. 2. ...


This Article shall be cited as the Hazardous Chemicals Right to Know Act. ...


(a) Chemical manufacturer shall mean a manufacturing facility classified in Standard Industrial Classification (SIC) Codes 20 through 39 where chemicals are produced for use or distribution...


Reserved for future codification purposes. [Repealed/Reserved] ...


(a) All employers who manufacture, process, use, store, or produce hazardous chemicals, shall compile and maintain a Hazardous Substance List which shall contain the following information for...


(a) Chemical manufacturers and distributors shall provide material safety data sheets (MSDS's) to manufacturing and nonmanufacturing purchasers of hazardous chemicals in North Carolina for...


Existing labels on incoming containers of hazardous chemicals shall not be removed or defaced. All containers of hazardous substances must be clearly designated as hazardous. ...


(a) An employer who normally stores at a facility any hazardous chemical in an amount of at least 55 gallons or 500 pounds, whichever is greater, shall provide the Fire Chief of the...


(a) Complaints of violations of this Part shall be filed in writing with the Commissioner of Labor. Such complaints received in writing from any Fire Chief relating to alleged violations of...


No employer shall discharge, or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee at the facility because the employee has assisted the...


(a) An employer who believes that all or any part of the information required under G.S. 95-191, 95-192, 95-194(b) or 95-194(d) is a hazardous substance trade secret may withhold the...


Reserved for future codification purposes. [Repealed/Reserved] ...


(a) Any person in North Carolina may request in writing from the employer a list of chemicals used or stored at the facility. The request shall include the name and address of the person...


Reserved for future codification purposes. [Repealed/Reserved] ...


Notwithstanding any language to the contrary, the provisions of this Article shall not apply to chemicals in or on the following: (1) Hazardous substances while being transported in...


It is the intent of the General Assembly to prescribe this uniform system for the disclosure of information regarding the use or storage of hazardous chemicals. To that end, all units of...


The provisions of this Article are severable, and if any phrase, clause, sentence, or provision of this Article, or the application of any such phrase, clause, sentence or provision to any...


Reserved for future codification purposes. [Repealed/Reserved] ...


(a) This Article may be cited as the Migrant Housing Act of North Carolina. (b) It is the purpose and policy of the General Assembly to conform migrant housing standards to, as much...


As used in this Article, unless the context requires otherwise: (1) Agricultural employment means employment in any service or activity included within the provisions of Section 3(f) of...


The provisions of this Article shall apply to all operators and migrants except: (1) Any person who, in the ordinary course of that person's business, regularly provides housing on a...


(a) Unless otherwise provided, all established federal standards are adopted and shall be enforced by the Department of Labor of North Carolina. (b) The Commissioner shall provide for...


(a) Every operator shall request a preoccupancy inspection at least 45 days prior to the anticipated date of occupancy by applying directly to the Department of Labor of North Carolina or to...


Agreements entered into by migrants to waive or to modify their rights under this Article shall be deemed void as contrary to public policy. A waiver or modification of rights by the Department...


This Article shall be liberally construed to the end that the safety and health of the migrants of this State may be effectuated and protected. The provisions of this Article are severable, and...


Reserved for future codification purposes. [Repealed/Reserved] ...


The purpose of this Article is to promote the safety and protection of persons engaged in work in the vicinity of high-voltage overhead lines. This Article defines the conditions under which...


As used in this Article, unless the context requires otherwise: (1) Covered equipment or covered items means any mechanical equipment, hoisting equipment, antenna, or rigging; any part...


(a) Unless danger of contact with high-voltage lines has been guarded against as provided by G.S. 95-229.8, 95-229.9, and 95-229.10, the following actions are prohibited: (1) No person...


(a) No person shall, individually or through an agent or employee or as an agent or employee, operate any covered equipment in the proximity of a high-voltage line unless warning signs are...


(a) When any person desires to carry on any work in closer proximity to any high-voltage line than permitted by G.S. 95-229.7(a), the person responsible for the work to be done shall notify...

(a) Installation or performance of precautionary safety arrangements shall be performed by the owner or operator of high-voltage lines only after mutually satisfactory arrangements have...


(a) This Article shall not apply to the construction, reconstruction, operation, and maintenance of overhead electrical or communication circuits or conductors and their supporting structures...


Nothing in this Article shall relieve any person from complying with any safety rule, regulation, or statute not imposed by this Article. A violation of this Article shall not...


The provisions of this Article are severable. If any part of this Article is declared invalid or unconstitutional, such declaration shall not affect the remainder. ...


The General Assembly finds that individuals should be protected from unreliable and inadequate examinations and screening for controlled substances. The General Assembly also finds that...


As used in this Article, unless the context clearly requires otherwise: (1) Approved laboratory means a clinical chemistry laboratory which performs controlled substances testing and...


(a) An examiner who requests or requires an examinee to submit to a controlled substance examination shall comply with the procedural requirements set forth in this section. (b) Collection...


Nothing in this Article shall be construed to place a duty on examiners to conduct controlled substance examinations. ...


(a) Any examiner who violates the provisions of this Article shall be subject to a civil penalty of up to two hundred fifty dollars ($ 250.00) per affected examinee with the maximum not to...


The provisions of this Article shall not apply to a controlled substance examination required by the United States Department of Transportation or the United States Nuclear Regulatory Commission. ...


The following definitions apply in this Article: (1) Person means any individual, partnership, association, corporation, business trust, legal representative, the State, a city, town,...


(a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any of the following: (1) File a claim...


(a) An employee allegedly aggrieved by a violation of G.S. 95- 241 may file a written complaint with the Commissioner of Labor alleging the violation. The complaint shall be filed within 180...


(a) An employee who has been issued a right-to-sue letter or the Commissioner of Labor may commence a civil action in the superior court of the county where the violation occurred, where...


Nothing in this Article shall be deemed to diminish the rights or remedies of any employee under any collective bargaining agreement, employment contract, other statutory rights or remedies, or...


The Commissioner may adopt rules needed to implement this Article pursuant to the provisions of Chapter 150B of the General Statutes. ...


Reserved for future codification purposes. [Repealed/Reserved] ...


The following definitions shall apply in this Article: (1) Experience rate modifier means the numerical modification applied by the Rate Bureau to an experience rating for use in...


(a) Establishment of safety and health programs. (1) Except as provided in subdivision (2) of this subsection, each employer with an experience rate modifier of 1.5 or greater shall,...


(a) Establishment of safety and health committees. Except as provided in subsection (b) of this section, each employer with 11 or more employees and an experience rate modifier of 1.5 or...


The rights and remedies provided to employees and employee safety and health representatives under this Article are in addition to, and not in lieu of, any other rights and remedies provided...


(a) Safety and health programs. Not later than one year after July 15, 1992, the Commissioner shall adopt final rules concerning the establishment and implementation of employer safety and...


Employers notified pursuant to G.S. 95-255(a) shall be offered technical assistance from the Division of Occupational Safety and Health to reduce injuries and illnesses in their workplaces. ...


(a) The Commissioner may levy a civil penalty, not to exceed the amounts listed as follows, for a violation of this Article: Employers with 10 or...


 



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