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Ex. DUT-NC-015 Standing duty Primary source read

NCDOL OSH Division Memo COV 5A, 'Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)' (dated March 24, 2022, updating the Division's adoption of OSHA's memorandum of July 7, 2021, attached), with the attached federal memorandum

Adoption for use in North Carolina of OSHA's Updated Interim Enforcement Response Plan for COVID-19: complaints, referrals and severe-illness reports in workplaces not covered by the Healthcare ETS; the general duty clause read as NCGS 95-129(1)

North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson) · North Carolina (State)

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The record

Jurisdiction
North Carolina
Level
State
Authority
G.S. 95-129(1); OSHANC enforcement authority; adoption of OSHA's Updated Interim Enforcement Response Plan for COVID-19 (July 7, 2021)
Issued
2022-03-24 Mar. 24, 2022
Effective
federal plan effective July 7, 2021 for workplaces not covered by the COVID-19 ETS; NCDOL adoption with listed modifications (read as 2021-07-07)
End
until further notice (time-limited to the COVID-19 public health crisis) (read as 2021-09-30)
In force
July 7, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (enforcement program); NCDOL compliance safety and health officers
Character
guidance incorporated
Collection
Standing duties: North Carolina DUT-NC

Operative words

the Occupational Safety and Health (OSH) Division of the North Carolina Department of Labor adopts the above-mentioned OSHA interim enforcement response plan memorandum (attached) for use in North Carolina, with modifications as listed below:... References to Section 5(a)(1) - General Duty Clause will mean NCGS 95-129(1) - General Duty Clause.

Penalty

Citations and civil penalties under G.S. 95-138 for violations of the listed standards or of G.S. 95-129(1)

What it required

NCDOL compliance officers were to handle COVID-19 complaints, referrals and severe-illness reports under the federal plan's inspection procedures and to cite COVID-19 hazards in non-health-care workplaces under 29 C.F.R. 1910.132, 1910.134, 1910.141, 1910.145 and 1910.1020 and under the general duty clause, G.S. 95-129(1), with the Healthcare ETS (29 C.F.R. 1910.502, 1910.504) governing health-care settings from June 21, 2021 (federal) and July 21, 2021 (North Carolina).

Retrieval note

The exhibit is the March 24, 2022 update ('updated March 24, 2022 to include a coding update') of the Division's adoption of the July 7, 2021 federal plan; The memo records that the Division did not adopt OSHA's National Emphasis Program for COVID-19.