North Carolina Statutes

Chapter 95 Department of Labor and Labor Regulations

Article 1 - Department of Labor.

Article 2 - Maximum Working Hours.

Article 2A - Wage and Hour Act.

  • § 95-25.1   Short title and legislative purpose
    (a) This Article shall be known and may be cited as the "Wage and Hour Act." (b) The public policy of this State is declared...
  • § 95-25.2   Definitions
    In this Article, unless the context otherwise requires: (1) "Agriculture" includes farming in all its branches performed by a farmer or on a farm as...
  • § 95-25.3   Minimum wage
    (a) Every employer shall pay to each employee who in any workweek performs any work, wages of at least six dollars and fifteen cents ($6.15)...
  • § 95-25.3A   Repealed by Session Laws 2003-308, s. 8, effective July 1, 2003
  • § 95-25.4   Overtime
    (a) Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and...
  • § 95-25.5   Youth employment
    (a) No youth under 18 years of age shall be employed by any employer in any occupation without a youth employment certificate unless specifically exempted....
  • § 95-25.6   Wage payment
    Every employer shall pay every employee all wages and tips accruing to the employee on the regular payday. Pay periods may be daily, weekly, bi‑weekly,...
  • § 95-25.7   Payment to separated employees
    Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular...
  • § 95-25.7A   Wages in dispute
    (a) If the amount of wages is in dispute, the employer shall pay the wages, or that part of the wages, which the employer concedes...
  • § 95-25.8   Withholding of wages
    (a) An employer may withhold or divert any portion of an employee's wages when: (1) The employer is required or empowered to do so by...
  • § 95-25.9, 95-25.10   Repealed by Session Laws 2005-453, ss. 17 and 18, effective October 1, 2005
  • § 95-25.11   Employers' remedies preserved
    (a) Repealed by Session Laws 2005‑453, s. 19. (b) Nothing in this Article shall preclude an employer from bringing a civil action in the General...
  • § 95-25.12   Vacation pay plans
    No employer is required to provide vacation pay plans for employees. However, if an employer provides these promised benefits for employees, the employer shall give...
  • § 95-25.13   Notification, posting, and records
    Every employer shall: (1) Notify its employees, orally or in writing at the time of hiring, of the promised wages and the day and place...
  • § 95-25.14   Exemptions
    (a) The provisions of G.S. 95‑25.3 (Minimum Wage), G.S. 95‑25.4 (Overtime), and G.S. 95‑25.5 (Youth Employment), and the provisions of G.S. 95‑25.15(b) (Record Keeping) as...
  • § 95-25.15   Investigations and inspection of records; notice of law
    (a) The Commissioner or his designated representative shall have the power and authority to enter any place of employment and gather such facts as are...
  • § 95-25.16   Enforcement
    (a) The Commissioner shall enforce and administer the provisions of this Article, and the Commissioner or his authorized representative is empowered to hold hearings and...
  • § 95-25.17   Wage and Hour Division established
    The Commissioner of Labor is charged with enforcement of this Article. The Commissioner shall appoint a Wage and Hour Director and any other employees the...
  • § 95-25.18   Legal representation
    It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings in...
  • § 95-25.19   Rules
    The Commissioner may adopt rules needed to implement this Article. (1937, c. 317, s. 18; 1975, c. 413, s. 12; 1979, c. 839, s. 1;...
  • § 95-25.20   Records
    Files and other records relating to investigations and enforcement proceedings pursuant to this Article, or pursuant to Article 21 of this Chapter with respect to...
  • § 95-25.21   Illegal acts
    (a) It shall be unlawful for any person to interfere unduly with, hinder, or delay the Commissioner or any authorized representative in the performance of...
  • § 95-25.22   Recovery of unpaid wages
    (a) Any employer who violates the provisions of G.S. 95‑25.3 (Minimum Wage), G.S. 95‑25.4 (Overtime), or G.S. 95‑25.6 through 95‑25.12 (Wage Payment) shall be liable...
  • § 95-25.23   Violation of youth employment; civil penalty
    (a) Any employer who violates the provisions of G.S. 95‑25.5 (Youth Employment) or any regulation issued thereunder, shall be subject to a civil penalty not...
  • § 95-25.23A   Violation of record-keeping requirement; civil penalty
    (a) Any employer who violates the provisions of G.S. 95‑25.15(b) or any regulation issued pursuant to G.S. 95‑25.15(b), shall be subject to a civil penalty...
  • § 95-25.23B   Civil penalty collection
    The Commissioner may file in the office of the clerk of the superior court of any county a certified copy of an assessment, either unappealed...
  • § 95-25.24   Restraint of violations
    The General Court of Justice has jurisdiction and authority upon application of the Commissioner to enjoin or restrain violations of this Article, including the restraint...
  • § 95-25.25   Construction of Article and severability
    This Article shall receive a liberal construction to the end that the welfare of adult and minor workers may be protected. If any provisions of...

Article 3 - Various Regulations.

Article 4 - Conciliation Service and Mediation of Labor Disputes.

  • § 95-32   Declaration of policy
    It is hereby declared as the public policy of this State that the best interests of the people of the State are served by the...
  • § 95-33   Scope of Article
    The provisions of this Article shall apply to all labor disputes in North Carolina. (1941, c. 362, s. 2.)
  • § 95-34   Administration of Article
    The administration of this Article shall be under the general supervision of the Commissioner of Labor of North Carolina. (1941, c. 362, s. 3.)
  • § 95-35   Conciliation service established; personnel; removal; compensation
    There is hereby established in the Department of Labor a conciliation service. The Commissioner of Labor may appoint such employees as may be required for...
  • § 95-36   Powers and duties of Commissioner and conciliator
    Upon his own motion in an existent or imminent labor dispute, the Commissioner of Labor may, and, upon the direction of the Governor, must order...

Article 4A - Voluntary Arbitration of Labor Disputes.

  • § 95-36.1   Declaration of policy
    It is hereby declared as the public policy of this State that the best interests of the people of the State are served by the...
  • § 95-36.2   Scope of Article
    The provisions of this Article shall apply only to voluntary agreements to arbitrate labor disputes including, but not restricted to, all controversies between employers, employees...
  • § 95-36.3   Administration of Article
    (a) The administration of this Article shall be under the general supervision of the Commissioner of Labor of North Carolina. (b) There is hereby established...
  • § 95-36.4   Voluntary arbitrators
    (a) It shall be the duty of the Commissioner of Labor to maintain a list of qualified and public‑spirited citizens who will serve as arbitrators....
  • § 95-36.5   Fees and expenses
    (a) All the costs of any arbitration proceeding under this Article, including the fees and expenses of the arbitrator or arbitration panel, shall be paid...
  • § 95-36.6   Appointment of arbitrators
    The parties may by agreement determine the method of appointment of the arbitrator or arbitration panel. If the parties have agreed upon arbitration under this...
  • § 95-36.7   Arbitration procedure
    Upon the selection or appointment of an arbitrator or arbitration panel in any labor dispute, a statement of the issues or questions in dispute shall...
  • § 95-36.8   Enforcement of arbitration agreement and award
    (a) Written agreements to arbitrate labor disputes, including but not restricted to controversies relating to wages, hours and other conditions of employment, shall be valid,...
  • § 95-36.9   Stay of proceedings
    (a) If any action or proceeding be brought in any court upon any issue referable to arbitration under an agreement described in subsection (a) of...

Article 5 - Regulation of Employment Agencies.

Article 5A - Regulation of Private Personnel Services.

Article 5B - Regulation of Job Listing Services.

  • § 95-47.19   Definitions
    Definitions of terms used in this Article shall be the same as in Chapter 95, Article 5A (Regulation of Private Personnel Services), with the words...
  • § 95-47.20   License required
    No person shall operate a job listing service in North Carolina without first obtaining a license from the Commissioner. A job listing service shall have...
  • § 95-47.21   Violation of this Article; criminal and civil penalty
    Any person who violates the provisions of this Article by operating a job listing service without a valid license from the Commissioner shall be subject,...
  • § 95-47.22   Licensing procedure
    (a) In addition to the requirements of subsection (b) of this section, the procedure, under rules adopted pursuant to this Article, for the issuance, denial...
  • § 95-47.23   Enforcement
    Under regulations adopted pursuant to this Article, a job listing service may be issued a warning, citation or notice of violation, or may have its...
  • § 95-47.24   Certain practices prohibited
    Under regulations adopted pursuant to this Article, a job listing service shall abide by provisions substantially the same as those provided under G.S. 95‑47.6(7) (kickbacks),...
  • § 95-47.25   Contracts; contents; approval
    A contract between a job listing service and an applicant shall be in writing, labeled as a contract, physically separate from any application form and...
  • § 95-47.26   Advertising and publication
    (a) In conducting any form of advertising, a job listing service shall identify itself by its business name and identify itself as a job listing...
  • § 95-47.27   Fee receipts
    A job listing service shall give every applicant from whom payment is received a receipt stating the name and address of the job listing service,...
  • § 95-47.28   Prohibited job listings
    A job listing service shall not publish information about a position of employment with an employer that the job listing service knows or has reason...
  • § 95-47.29   Records of the job listing service
    Each job listing service shall maintain and make available for inspection by the Commissioner the following records of the operation of the job listing service...
  • § 95-47.30   Administration of this Article
    This Article shall be enforced under the general supervision of the Commissioner, who shall have the same powers and duties in the enforcement of this...
  • § 95-47.31   Review of job listing services
    After the Commissioner receives written statements from two or more applicants complaining that the applicant failed to obtain employment as a result of the services...
  • § 95-47.32   Severability
    If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions...

Article 6 - Separate Toilets for Sexes.

Article 7 - Board of Boiler Rules and Bureau of Boiler Inspection.

Article 7A - Uniform Boiler and Pressure Vessel Act.

Article 8 - Bureau of Labor for the Deaf.

Article 9 - Earnings of Employees in Interstate Commerce.

Article 10 - Declaration of Policy as to Labor Organizations.

Article 11 - Minimum Wage Act.

Article 12 - Units of Government and Labor Unions, Trade Unions, and Labor Organizations, and Public Employee Strikes.

Article 13 - Payments to or for Benefit of Labor Organizations.

  • § 95-101   Definition
    As used in this Article, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in...
  • § 95-102   Certain payments to and agreements to pay labor organizations unlawful
    It shall be unlawful for any carrier or shipper of property or any association of such carriers or shippers to agree to pay, or to...
  • § 95-103   Acceptance of such payments unlawful
    It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers...
  • § 95-104   Penalty
    Any person, firm, corporation, association or partnership which or who agrees to pay, or does pay, or agrees to receive, or does receive, any payment...

Article 14 - Inspection Service Fees.

Article 14A - Elevator Safety Act of North Carolina.

Article 14B - Amusement Device Safety Act of North Carolina.

  • § 95-111.1   Short title and legislative purpose
    (a) This Article shall be known as the "Amusement Device Safety Act of North Carolina". (b) The General Assembly finds that although most amusement devices...
  • § 95-111.2   Scope
    (a) This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving amusement...
  • § 95-111.3   Definitions
    (a) The term "amusement device" shall mean any mechanical or structural device or attraction that carries or conveys or permits persons to walk along, around...
  • § 95-111.4   Powers and duties of Commissioner
    The Commissioner of Labor is hereby empowered: (1) To delegate to the Director of the Elevator and Amusement Device Division such powers, duties and responsibilities...
  • § 95-111.5   Pre-opening inspection and test; records; revocation of certificate of operation
    (a) An owner of a device subject to the provisions of this Article, or his authorized agent, is hereby required to make a pre‑opening inspection...
  • § 95-111.6   Noncomplying devices; appeal
    (a) Whenever the Commissioner determines that a device is subject to the provisions of this Article and the operation of such device is exposing the...
  • § 95-111.7   Operation without certificate; operation not in accordance with Article or rules and regulations; operation after refusal to issue or after revocation of certificate
    (a) No person shall operate or permit to be operated or use any device subject to the provisions of this Article without a valid certificate...
  • § 95-111.8   Location notice
    No person shall operate for the public or permit the operation for the public any device subject to the provisions of this Article after initial...
  • § 95-111.9   Operation of unsafe device
    No person shall operate, permit to be operated or use any device subject to the provisions of this Article if such person knows or reasonably...
  • § 95-111.10   Reports required
    (a) The owner of any device regulated under the provisions of this Article, or his authorized agent, shall within 24 hours, notify the Commissioner of...
  • § 95-111.11   Operators
    (a) Any operator of a device subject to the provisions of this Article shall be at least 18 years of age. An operator shall operate...
  • § 95-111.12   Liability insurance
    (a) No owner shall operate a device subject to the provisions of this Article, unless at the time, there is in existence a contract of...
  • § 95-111.13   Violations; civil penalties; appeal; criminal penalties
    (a) Any person who violates G.S. 95‑111.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) shall be subject...
  • § 95-111.14   Denial of permission to enter amusement device
    The owner or amusement device operator may deny any person entrance to an amusement device if he or she believes such entry may jeopardize the...
  • § 95-111.15   Legal representation
    It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings in...
  • § 95-111.16   Authorization for similar safety and health federal-State programs
    Consistent with the requirements and conditions provided in this Article and the rules and regulations promulgated thereunder, the State, upon recommendation of the Commissioner of...
  • § 95-111.17   Confidentiality of trade secrets
    All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this Article...
  • § 95-111.18   Construction of Article and rules and regulations and severability
    This Article and the rules and regulations promulgated thereunder shall receive a liberal construction to the end that the welfare of the people may be...
  • § 95-112 through 95-115   Reserved for future codification purposes

Article 15 - Passenger Tramway Safety.

  • § 95-116   Declaration of policy
    In order to safeguard life, health, property, and the welfare of this State, it shall be the policy of the State of North Carolina to...
  • § 95-117   Definitions
    Each word or term defined in this Article has the meaning indicated in this section, unless a different meaning is plainly required by the context....
  • § 95-118   Registration required; application procedures
    (a) No person shall operate or permit to be operated or use any device subject to the provisions of this Article without a valid registration...
  • § 95-119   Certification criteria; procedures; display of certificate
    (a) A registration certificate shall be issued without delay when the Commissioner is satisfied that the facts stated in the application are sufficient to enable...
  • § 95-120   Powers and duties of the Commissioner
    In addition to all other powers and duties conferred and imposed upon the Commissioner by this Article, the Commissioner shall have and exercise the following...
  • § 95-120.1   Liability insurance
    (a) No person shall operate a device subject to the provisions of this Article, unless at the time of operation, there is in existence: (1)...
  • § 95-121   Inspections and reports
    The Commissioner may cause to be made such inspections of the construction, operation, and maintenance of passenger tramways as he shall deem to be reasonably...
  • § 95-122   Emergency shutdown
    When facts are presented to the Commissioner tending to show that an unreasonable hazard exists in the continued operation of a passenger tramway, and after...
  • § 95-123   Orders
    If, after investigation, the Commissioner finds that a violation of any of his rules and regulations exists, or that there is a condition in passenger...
  • § 95-124   Suspension of registration
    If any operator fails to comply with the lawful order of the Commissioner as issued under this Article, and within the time fixed thereby, the...
  • § 95-125   Effective date of initial applications
    This Article shall take effect and become operative on July 30, 1969, provided that the initial applications for registration of passenger tramways shall be filed...

Article 16 - Occupational Safety and Health Act of North Carolina.

  • § 95-126   Short title and legislative purpose
    (a) This Article shall be known as the "Occupational Safety and Health Act of North Carolina" and also may be referred to by abbreviations as...
  • § 95-127   Definitions
    In this Article, unless the context otherwise requires: (1) The term "Advisory Council" shall mean the Advisory Council or body established under this Article. (2)...
  • § 95-128   Coverage
    The provisions of this Article or any standard or regulation promulgated pursuant to this Article shall apply to all employers and employees except: (1) The...
  • § 95-129   Rights and duties of employers
    Rights and duties of employers shall include but are not limited to the following provisions: (1) Each employer shall furnish to each of his employees...
  • § 95-130   Rights and duties of employees
    Rights and duties of employees shall include but are not limited to the following provisions: (1) Employees shall comply with occupational safety and health standards...
  • § 95-131   Development and promulgation of standards; adoption of federal standards and regulations
    (a) All occupational safety and health standards promulgated under the federal act by the Secretary, and any modifications, revision, amendments or revocations in accordance with...
  • § 95-132   Variances
    (a) Temporary Variances. (1) The Commissioner may upon written application by an employer issue an order granting such employer a temporary variance from standards adopted...
  • § 95-133   Office of Director of Occupational Safety and Health; powers and duties of the Director
    (a) There is hereby created and established in the North Carolina Department of Labor a division to be known as the Occupational Safety and Health...
  • § 95-134   Advisory Council
    (a) There is hereby established a State Advisory Council on Occupational Safety and Health consisting of 11 members, appointed by the Commissioner, composed of three...
  • § 95-135   North Carolina Occupational Safety and Health Review Commission
    (a) The North Carolina Occupational Safety and Health Review Commission is hereby established. The Commission shall be composed of three members from among persons who,...
  • § 95-136   Inspections
    (a) In order to carry out the purposes of this Article, the Commissioner or Director, or their duly authorized agents, upon presenting appropriate credentials to...
  • § 95-136.1   Special emphasis inspection program
    (a) As used in this section, a "special emphasis inspection" is an inspection by the Department's occupational safety and health division that is scheduled because...
  • § 95-137   Issuance of citations
    (a) If, upon inspection or investigation, the Director or his authorized representative has reasonable grounds to believe that an employer has not fulfilled his duties...
  • § 95-138   Civil penalties
    (a) The Commissioner, upon recommendation of the Director, or the North Carolina Occupational Safety and Health Review Commission in the case of an appeal, shall...
  • § 95-139   Criminal penalties
    Any employer who willfully violates any standard, rule, regulation or order promulgated pursuant to the authority of this Article, and said violation causes the death...
  • § 95-140   Procedures to counteract imminent dangers
    (a) The superior courts of this State shall have jurisdiction, upon petition of the Commissioner, to restrain any conditions or practices in any place of...
  • § 95-141   Judicial review
    Any person or party in interest who has exhausted all administrative remedies available under this Article and who is aggrieved by a final decision in...
  • § 95-142   Legal representation of the Department of Labor
    It shall be the duty of the Attorney General to represent the Department of Labor or designate some member of his staff to represent them...
  • § 95-143   Record keeping and reporting
    (a) Each employer shall make available to the Commissioner, or his agents, in such manner as the Commissioner shall require, copies of the same records...
  • § 95-144   Statistics
    (a) In order to further the purposes of this Article, the Commissioner shall develop and maintain an effective program of collection, compilation, and analysis of...
  • § 95-145   Reports to the Secretary
    (a) The Commissioner shall require employers in the State to make reports to the Secretary in the same manner and to the same extent as...
  • § 95-146   Continuation and effectiveness of this Article
    The Commissioner shall from time to time furnish to the Secretary information and assurances that this Article is being administered by adequate methods and by...
  • § 95-147   Training and employee education
    (a) The Commissioner, after consultation with appropriate departments and agencies of the State and subdivisions of government, shall conduct, directly or by grants or contracts,...
  • § 95-148   Safety and health programs of State agencies and local governments
    It shall be the responsibility of each administrative department, commission, board, division or other agency of the State and of counties, cities, towns and subdivisions...
  • § 95-149   Authority to enter into contracts with other State agencies and subdivisions of government
    The Commissioner may enter into contracts with the Department of Health and Human Services or any other State officer or State agency or State instrumentality,...
  • § 95-150   Assurance of adequate funds to enforce Article
    The Commissioner shall submit to the General Assembly a budget and request for appropriations to adequately administer this Article which shall be sufficient to give...
  • § 95-151   Discrimination
    No employer, employee, or any other person related to the administration of this Article shall be discriminated against in any work, procedure, or employment by...
  • § 95-152   Confidentiality of trade secrets
    All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this Article...
  • § 95-153   Reserved for future codification purposes
  • § 95-154   Authorization for similar safety and health federal-state programs
    Consistent with the requirements and conditions provided in this Article the State, upon the recommendation of the Commissioner of Labor and approval of the Governor,...
  • § 95-155   Construction of Article and severability
    This Article shall receive a liberal construction to the end that the safety and health of the employees of the State may be effectuated and...
  • § 95-156 through 95-160   Reserved for future codification purposes

Article 17 - The Uniform Wage Payment Law of North Carolina.

Article 18 - Identification of Toxic or Hazardous Substances.

  • § 95-173   Short title
    This Article shall be cited as the Hazardous Chemicals Right to Know Act. (1985, c. 775, s. 1.)
  • § 95-174   Definitions
    (a) "Chemical manufacturer" shall mean a manufacturing facility classified in Standard Industrial Classification (SIC) Codes 20 through 39 where chemicals are produced for use or...
  • § 95-175 through 95-190   Reserved for future codification purposes
  • § 95-191   Hazardous Substance List
    (a) All employers who manufacture, process, use, store, or produce hazardous chemicals, shall compile and maintain a Hazardous Substance List which shall contain the following...
  • § 95-192   Material safety data sheets
    (a) Chemical manufacturers and distributors shall provide material safety data sheets (MSDS's) to manufacturing and nonmanufacturing purchasers of hazardous chemicals in North Carolina for each...
  • § 95-193   Labels
    Existing labels on incoming containers of hazardous chemicals shall not be removed or defaced. All containers of hazardous substances must be clearly designated as hazardous....
  • § 95-194   Emergency information
    (a) An employer who normally stores at a facility any hazardous chemical in an amount of at least 55 gallons or 500 pounds, whichever is...
  • § 95-195   Complaints, investigations, penalties
    (a) Complaints of violations of this Part shall be filed in writing with the Commissioner of Labor. Such complaints received in writing from any Fire...
  • § 95-196   Employee rights
    No employer shall discharge, or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee at the facility because the...
  • § 95-197   Withholding hazardous substance trade secret information
    (a) An employer who believes that all or any part of the information required under G.S. 95‑191, 95‑192, 95‑194(b) or 95‑194(d) is a hazardous substance...
  • § 95-198   Medical emergency and nonemergency situations
    (a) Where a treating health care provider determines that a medical emergency exists and the specific chemical identity of a hazardous chemical is necessary for...
  • § 95-199 through 95-207   Reserved for future codification purposes
  • § 95-208   Community information on hazardous chemicals
    (a) Any person in North Carolina may request in writing from the employer a list of chemicals used or stored at the facility. The request...
  • § 95-209 through 95-215   Reserved for future codification purposes
  • § 95-216   Exemptions
    Notwithstanding any language to the contrary, the provisions of this Article shall not apply to chemicals in or on the following: (1) Hazardous substances while...
  • § 95-217   Preemption of local regulations
    It is the intent of the General Assembly to prescribe this uniform system for the disclosure of information regarding the use or storage of hazardous...
  • § 95-218   Severability
    The provisions of this Article are severable, and if any phrase, clause, sentence, or provision of this Article, or the application of any such phrase,...
  • § 95-219   Reserved for future codification purposes
  • § 95-220   Reserved for future codification purposes
  • § 95-221   Reserved for future codification purposes

Article 19 - Migrant Housing Act of North Carolina.

  • § 95-222   Short title; legislative purpose
    (a) This Article may be cited as the "Migrant Housing Act of North Carolina." (b) It is the purpose and policy of the General Assembly...
  • § 95-223   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Agricultural employment" means employment in any service or activity included within the provisions of...
  • § 95-224   Scope; powers and duties
    (a) The provisions of this Article shall apply to all operators and migrants except: (1) Any person who, in the ordinary course of that person's...
  • § 95-225   Adoption of standards and interpretations
    (a) Unless otherwise provided, all established federal standards are adopted and shall be enforced by the Department of Labor of North Carolina. (b) The Commissioner...
  • § 95-226   Application for inspection
    (a) Except as provided in subsection (f) of this section, every operator shall request a preoccupancy inspection at least 45 days prior to the anticipated...
  • § 95-227   Enforcement
    (a) For the purpose of enforcing the standards provided by this Article, the provisions of G.S. 95‑129, G.S. 95‑130 and G.S. 95‑136 through G.S. 95‑142...
  • § 95-228   Waiver of rights
    Agreements entered into by migrants to waive or to modify their rights under this Article shall be deemed void as contrary to public policy. A...
  • § 95-229   Construction of Article; severability
    This Article shall be liberally construed to the end that the safety and health of the migrants of this State may be effectuated and protected....
  • § 95-229.1   Actions upon finding uninhabitable migrant housing
    If the Department of Labor of North Carolina determines that housing provided to migrants under this Article is uninhabitable, but is not reasonably expected to...
  • § 95-229.2   Reserved for future codification purposes
  • § 95-229.3   Reserved for future codification purposes
  • § 95-229.4   Reserved for future codification purposes

Article 19A - Overhead High-Voltage Line Safety Act.

  • § 95-229.5   Purpose; scope
    The purpose of this Article is to promote the safety and protection of persons engaged in work in the vicinity of high‑voltage overhead lines. This...
  • § 95-229.6   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Covered equipment" or "covered items" means any mechanical equipment, hoisting equipment, antenna, or rigging;...
  • § 95-229.7   Prohibited activities
    (a) Unless danger of contact with high‑voltage lines has been guarded against as provided by G.S. 95‑229.8, 95‑229.9, and 95‑229.10, the following actions are prohibited:...
  • § 95-229.8   Warning signs
    (a) No person shall, individually or through an agent or employee or as an agent or employee, operate any covered equipment in the proximity of...
  • § 95-229.9   Notification
    (a) When any person desires to carry on any work in closer proximity to any high‑voltage line than permitted by G.S. 95‑229.7(a), the person responsible...
  • § 95-229.10   Precautionary safety arrangements
    (a) Installation or performance of precautionary safety arrangements shall be performed by the owner or operator of high‑voltage lines only after mutually satisfactory arrangements have...
  • § 95-229.11   Exemptions
    (a) This Article shall not apply to the construction, reconstruction, operation, and maintenance of overhead electrical or communication circuits or conductors and their supporting structures...
  • § 95-229.12   Application
    Nothing in this Article shall relieve any person from complying with any safety rule, regulation, or statute not imposed by this Article. A violation of...
  • § 95-229.13   Severability
    The provisions of this Article are severable. If any part of this Article is declared invalid or unconstitutional, such declaration shall not affect the remainder....

Article 20 - Controlled Substance Examination Regulation.

  • § 95-230   Purpose
    The General Assembly finds that individuals should be protected from unreliable and inadequate examinations and screening for controlled substances. The General Assembly also finds that...
  • § 95-231   Definitions
    As used in this Article, unless the context clearly requires otherwise: (1) "Approved laboratory" means a clinical chemistry laboratory which performs controlled substances testing and...
  • § 95-232   Procedural requirements for the administration of controlled substance examinations
    (a) An examiner who requests or requires an examinee to submit to a controlled substance examination shall comply with the procedural requirements set forth in...
  • § 95-233   No duty to examine
    Nothing in this Article shall be construed to place a duty on examiners to conduct controlled substance examinations. (1991, c. 687.)
  • § 95-234   Violation of controlled substance examination regulations; civil penalty
    (a) Any examiner who violates the provisions of this Article shall be subject to a civil penalty of up to two hundred fifty dollars ($250.00)...
  • § 95-235   Certain federal agencies exempted
    The provisions of this Article shall not apply to a controlled substance examination required by the United States Department of Transportation or the United States...
  • § 95-236 through 95-239   Reserved for future codification purposes

Article 21 - Retaliatory Employment Discrimination.

  • § 95-240   Definitions
    The following definitions apply in this Article: (1) "Person" means any individual, partnership, association, corporation, business trust, legal representative, the State, a city, town, county,...
  • § 95-241   Discrimination prohibited
    (a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any...
  • § 95-242   Complaint; investigation; conciliation
    (a) An employee allegedly aggrieved by a violation of G.S. 95‑241 may file a written complaint with the Commissioner of Labor alleging the violation. The...
  • § 95-243   Civil action
    (a) An employee who has been issued a right‑to‑sue letter or the Commissioner of Labor may commence a civil action in the superior court of...
  • § 95-244   Effect of Article on other rights
    Nothing in this Article shall be deemed to diminish the rights or remedies of any employee under any collective bargaining agreement, employment contract, other statutory...
  • § 95-245   Rules
    The Commissioner may adopt rules needed to implement this Article pursuant to the provisions of Chapter 150B of the General Statutes. (1993, c. 423, s.
  • § 95-246 through 95-249   Reserved for future codification purposes

Article 22 - Safety and Health Programs and Committees.

  • § 95-250   Definitions
    The following definitions shall apply in this Article: (1) "Experience rate modifier" means the numerical modification applied by the Rate Bureau to an experience rating...
  • § 95-251   Safety and health programs
    (a) Establishment of safety and health programs. (1) Except as provided in subdivision (2) of this subsection, each employer with an experience rate modifier of...
  • § 95-252   Safety and health committees required
    (a) Establishment of safety and health committees. Except as provided in subsection (b) of this section, each employer with 11 or more employees and an...
  • § 95-253   Additional rights
    The rights and remedies provided to employees and employee safety and health representatives under this Article are in addition to, and not in lieu of,...
  • § 95-254   Rules
    (a) Safety and health programs. Not later than one year after July 15, 1992, the Commissioner shall adopt final rules concerning the establishment and implementation...
  • § 95-255   Reports
    (a) Upon the final adoption of all rules required to be adopted by the Commissioner under this Article, the Commissioner shall determine, based on information...
  • § 95-255.1   Technical assistance
    Employers notified pursuant to G.S. 95‑255(a) shall be offered technical assistance from the Division of Occupational Safety and Health to reduce injuries and illnesses in...
  • § 95-256   Penalties
    (a) The Commissioner may levy a civil penalty, not to exceed the amounts listed as follows, for a violation of this Article: Employers with 10...
  • § 95-257   Reserved for future codification purposes
  • § 95-258   Reserved for future codification purposes
  • § 95-259   Reserved for future codification purposes

Article 23 - Workplace Violence Prevention.

  • § 95-260   Definitions
    The following definitions apply in this Article: (1) Civil no‑contact order. An order granted under this Article, which includes a remedy authorized by G.S. 95‑264....
  • § 95-261   Civil no-contact orders; persons protected
    An action for a civil no‑contact order may be filed as a civil action in district court by an employer on behalf of an employee...
  • § 95-262   Commencement of action; venue
    (a) An action for a civil no‑contact order is commenced by filing a verified complaint for a civil no‑contact order in any civil district court...
  • § 95-263   Process for action for no-contact order
    (a) Any action for a civil no‑contact order requires that a separate summons be issued and served. The summons issued pursuant to this Article shall...
  • § 95-264   Civil no-contact order; remedy
    (a) Upon a finding that the employee has suffered unlawful conduct committed by the respondent, the court may issue a temporary or permanent civil no‑contact...
  • § 95-265   Temporary civil no-contact order; court holidays and evenings
    (a) A temporary civil no‑contact order may be granted ex parte, without written or oral notice to the respondent, only if both of the following...
  • § 95-266   Permanent civil no-contact order
    Upon a finding that the employee has suffered unlawful conduct committed by the respondent, a permanent civil no‑contact order may issue if the court additionally...
  • § 95-267   Duration; extension of orders
    (a) A temporary civil no‑contact order shall be effective for not more than 10 days as the court fixes, unless within the time so fixed...
  • § 95-268   Notice of orders
    (a) The clerk of court shall deliver on the same day that a civil no‑contact order is issued a certified copy of that order to...
  • § 95-269   Violation of valid order
    A violation of an order entered pursuant to this Article is punishable as contempt of court. (2004‑165, s. 1.)
  • § 95-270   Employment discrimination unlawful
    (a) No employer shall discharge, demote, deny a promotion, or discipline an employee because the employee took reasonable time off from work to obtain or...
  • § 95-271   Scope of Article; other remedies available
    This Article does not expand, diminish, alter, or modify any duty of any employer to provide a safe workplace for employees and other persons. This...