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
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 noteNorth 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).