The COVID Project
The record
- Jurisdiction
- North Carolina
- Level
- State
- Authority
- G.S. 95-131; G.S. 150B-21.5(c); 13 NCAC 07F.0101
- Issued
- 2022-03-30 Mar. 30, 2022
- Effective
- records the adoption effective July 21, 2021 (13 NCAC 07F.0101) and the repeal effective Mar. 4, 2022 (read as 2021-07-21)
- End
- 2022-03-04 (repeal of the adopted ETS) (read as 2022-03-04)
- In force
- July 21, 2021 to Mar. 4, 2022
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementHealth care ordersWorkplace rulesStanding duty
- Addressees
- employers in settings where employees provide health care or health-care support services
- Character
- agency position statement
- Collection
- Standing duties: North Carolina DUT-NC
Operative words
Because the initial timelines for the federal rule (6 months) did not match up with the APA timelines for emergency rules (30 days), the NC Department of Labor (NCDOL) OSH Division chose to adopt the Healthcare ETS verbatim as a permanent standard.... Commissioner of Labor Josh Dobson chose to repeal the prior adoption of the Healthcare ETS effective March 4, 2022.
Penalty
Civil penalties under G.S. 95-138 for violation of the adopted standard
What it required
Confirms from the agency's own record that the federal COVID-19 Healthcare ETS (86 Fed. Reg. 32376, June 21, 2021) was adopted verbatim as a North Carolina standard, so that from July 21, 2021 every North Carolina employer providing health care or health-care support services was bound by 29 C.F.R. 1910.502 as State law, enforceable under G.S. 95-129(2) and 95-138, until the repeal effective March 4, 2022. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; covid_workplace_rule layer).
Retrieval noteRead with the history note of 13 NCAC 07F.0101 ('Amended Eff. July 21, 2021 as an emergency temporary standard', Ex. DUT-NC-009). The memo post-dates the quarters; it is the agency's account of a rule that bound health-care employers in 2021Q3.