United States — North Carolina
§ 95-128. Coverage.
1 provisions
This section says the Article and related regulations apply to all employers and employees, with listed exceptions.
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United States — North Carolina
§ 95-129. Rights and duties of employers.
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Employers must provide safe workplaces, follow safety standards, and not obstruct inspections; they also have certain rights to participate in standards, seek review, request variances, and protect trade secrets.
Act or statute Open & ChatUnited States — North Carolina
§ 95-13. Enforcement of rules and regulations.
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After notice by the Commissioner of Labor, a person, firm, or corporation may not violate covered safety rules; the Attorney General may seek civil enforcement, and a district attorney may act on the Attorney General’s request.
Regulation Open & ChatUnited States — North Carolina
§ 95-130. Rights and duties of employees.
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Employees must follow workplace safety rules, and they have several rights to participate in standards, inspections, reviews, and hearing processes.
Act or statute Open & ChatUnited States — North Carolina
§ 95-131. Development and promulgation of standards; adoption of federal standards and regulations.
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The Commissioner must adopt federal occupational safety and health standards as state rules unless an allowed alternative state rule is chosen.
Regulation Open & ChatUnited States — North Carolina
§ 95-132. Variances.
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The Commissioner may grant temporary, permanent, or experimental variances from standards, subject to stated application, notice, hearing, and safety requirements.
Act or statute Open & ChatUnited States — North Carolina
§ 95-133. Office of Director of Occupational Safety and Health; powers and duties of the Director.
1 provisions
This section creates an Occupational Safety and Health Division and gives the Commissioner and Director powers and duties to administer, enforce, inspect, investigate, issue citations, and handle confidential medical records.
Act or statute Open & ChatUnited States — North Carolina
§ 95-134. Advisory Council.
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This section creates a State Advisory Council on Occupational Safety and Health and sets out how it is staffed, how it must operate, and how its members are paid.
Act or statute Open & ChatUnited States — North Carolina
§ 95-135. North Carolina Occupational Safety and Health Review Commission.
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This section creates the North Carolina Occupational Safety and Health Review Commission and gives it hearing, review, rulemaking, subpoena, and related administrative powers.
Act or statute Open & ChatUnited States — North Carolina
§ 95-136. 1. Special emphasis inspection program.
1 provisions
The Department must run a special-emphasis inspection program for higher-risk employers, inspect targeted employers within two years, keep records updated at least annually, and report on the program. The Director must make program information available before implementation.
Act or statute Open & ChatUnited States — North Carolina
§ 95-136. Inspections.
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This section lets the Commissioner or Director inspect workplaces, question people, and issue subpoenas, and it requires some follow-up actions and confidentiality protections.
Act or statute Open & ChatUnited States — North Carolina
§ 95-137. Issuance of citations.
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The Director must issue a written citation to an employer when there are reasonable grounds to believe a violation occurred, and the citation must describe the violation and set a reasonable abatement time.
Act or statute Open & ChatUnited States — North Carolina
§ 95-138. Civil penalties.
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The Commissioner may assess civil penalties against employers for covered violations, and must adjust and publish penalty amounts and standards.
Act or statute Open & ChatUnited States — North Carolina
§ 95-139. Criminal penalties.
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Employers and other persons can face misdemeanor charges for willful safety violations, unauthorized inspection notices, and knowingly false filings, with higher fines in cases involving workers under 18.
Act or statute Open & ChatUnited States — North Carolina
§ 95-14. 1. (Repealed)
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This section was repealed effective July 1, 2011.
Act or statute Open & ChatUnited States — North Carolina
§ 95-14. Agreements with certain federal agencies for enforcement of Fair Labor Standards Act.
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The State Department of Labor may make agreements with specified federal labor agencies, accept reimbursement, and must deposit received payments in the State treasury.
Act or statute Open & ChatUnited States — North Carolina
§ 95-140. Procedures to counteract imminent dangers.
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Courts may restrain imminent workplace dangers, inspectors must notify affected employees and employers, and the Commissioner may be compelled to seek relief.
Act or statute Open & ChatUnited States — North Carolina
§ 95-141. Judicial review.
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Eligible parties may seek judicial review after exhausting administrative remedies, and the Commissioner may file a certified final order with the superior court clerk.
Act or statute Open & ChatUnited States — North Carolina
§ 95-142. Legal representation of the Department of Labor.
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The Attorney General must represent the Department of Labor, or assign a staff member to do so, in actions or proceedings connected to this Article.
Act or statute Open & ChatUnited States — North Carolina
§ 95-143. Record keeping and reporting.
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Employers must keep, preserve, and share certain workplace records, make annual injury and illness reports, and notify workers about hazardous exposure and corrective action; the Commissioner may require these records and notices by regulation.
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