{"id":"DUT-NC-005","kind":"duty","level":"state","jurisdiction":"North Carolina","state":"NC","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of North Carolina","authority":"Occupational Safety and Health Act of North Carolina (OSHANC), G.S. ch. 95, Article 16; State plan approved under 29 U.S.C. 667","instrument":"N.C. Gen. Stat. ch. 95, Article 16, secs. 95-126 to 95-160, including sec. 95-129 (Rights and duties of employers), sec. 95-131 (adoption of standards), sec. 95-138 (Civil penalties) and sec. 95-139 (Criminal penalties)","title":"Occupational Safety and Health Act of North Carolina: the general duty clause and the duty to comply with adopted standards","dateIssued":"","effective":"standing throughout 2020-2021","end":"standing","startDate":"","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers (every employer in the State other than those under exclusive federal jurisdiction)"],"clause":"(1) Each employer shall furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or serious physical harm to his employees; (2) Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this Article.","enforcement":"Civil penalties for each willful, repeat, serious and other-than-serious violation and for each day of failure to abate, in amounts adjusted under sec. 95-138(a1); Class 2 misdemeanor with a fine up to $10,000 for a willful violation causing the death of an employee (sec. 95-139(a))","functions":[],"notes":"Every employer must furnish employment and a place of employment free from recognized hazards likely to cause death or serious physical harm and must comply with every standard adopted under the Article (including the federal standards incorporated by 13 NCAC 07F.0101, Ex. DUT-NC-009), the Commissioner of Labor \u0027shall have the authority to assess penalties against any employer who violates the requirements of this Article, or any standard, rule, or order adopted under this Article\u0027 (sec. 95-138(a)), and a willful violation causing an employee\u0027s death is a Class 2 misdemeanor (sec. 95-139(a)).","sourceUrl":"https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_95/Article_16.pdf","snapshot":"","fileExists":true,"fileBytes":403285,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-NC","url":"/library/DUT-NC-005","exhibitUrl":"/exhibit/DUT-NC-005","citation":"General Assembly of North Carolina, N.C. Gen. Stat. ch. 95, Article 16, secs. 95-126 to 95-160, including sec. 95-129 (Rights and duties of employers), sec. 95-131 (adoption of standards), sec. 95-138 (Civil penalties) and sec. 95-139 (Criminal penalties) (standing) (Ex. DUT-NC-005)","stateName":"North Carolina","related":["DUT-NC-009","DUT-NC-015","DUT-NC-014"]}