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Ex. DUT-NC-005 Standing duty Primary source read

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)

Occupational Safety and Health Act of North Carolina: the general duty clause and the duty to comply with adopted standards

General Assembly of North Carolina · North Carolina (State)

The COVID Project

The record

Jurisdiction
North Carolina
Level
State
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
Effective
standing throughout 2020-2021
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every employer in the State other than those under exclusive federal jurisdiction)
Character
workplace duty
Collection
Standing duties: North Carolina DUT-NC

Operative words

(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.

Penalty

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))

What it required

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 'shall 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' (sec. 95-138(a)), and a willful violation causing an employee's death is a Class 2 misdemeanor (sec. 95-139(a)).

Retrieval note

North Carolina operates a State OSHA plan through the Department of Labor's Occupational Safety and Health Division; the general duty clause of sec. 95-129(1) is the State counterpart of 29 U.S.C. 654(a)(1), and NCDOL's COVID-19 enforcement guidance reads 'Section 5(a)(1) - General Duty Clause' as 'NCGS 95-129(1)' (Ex. DUT-NC-015).