Chapter 95 Department of Labor and Labor Regulations
Article 1 - Department of Labor.
- § 95-1 Department of Labor established
A Department of Labor is hereby created and established. The duties of said Department shall be exercised and discharged under the supervision and direction of...
- § 95-2 Election of Commissioner; term; salary; vacancy
The Commissioner of Labor shall be elected by the people in the same manner as is provided for the election of the Secretary of State....
- § 95-3 Divisions of Department; Commissioner; administrative officers
The Department of Labor shall consist of the following officers, divisions and sections: A Commissioner of Labor. A Division of Standards and Inspections. A Division...
- § 95-4 Authority, powers and duties of Commissioner
The Commissioner of Labor shall be the executive and administrative head of the Department of Labor. In addition to the other powers and duties conferred...
- § 95-5 Annual report to Governor; recommendation as to legislation needed
The Commissioner of Labor shall annually, on or before the first day of January, file with the Governor a report covering the activities of the...
- § 95-6 Statistical report to Governor; publication of information given by employers
It shall be the duty of the Commissioner of Labor to collect in the manner herein provided for, and to assort, systematize, and present to...
- § 95-7 Power of Commissioner to compel the giving of such information; refusal as contempt
The Commissioner of Labor, or his authorized representative, for the purpose of securing the statistical details referred to in G.S. 95‑6, shall have power to...
- § 95-8 Employers required to make statistical report to Commissioner; refusal as contempt
It shall be the duty of every owner, operator, or manager of every factory, workshop, mill, mine, or other establishment, where labor is employed, to...
- § 95-9 Employers to post notice of laws
It shall be the duty of every employer to keep posted in a conspicuous place in every room where five or more persons are employed...
- § 95-10 Repealed by Session Laws 1963, c. 313, s. 1
- § 95-11 Division of Standards and Inspection
(a) The chief administrative officer of the Division of Standards and Inspection shall be known as the Director of the Division. It shall be his...
- § 95-12 Division of Statistics
The Division of Statistics shall be in charge of a Chief Statistician. It shall be his duty, under the direction and supervision of the Commissioner...
- § 95-13 Enforcement of rules and regulations
In the event any person, firm or corporation shall, after notice by the Commissioner of Labor, violate any of the rules or regulations promulgated under...
- § 95-14 Agreements with certain federal agencies for enforcement of Fair Labor Standards Act
The North Carolina State Department of Labor may and it is hereby authorized to enter into agreements with the Wage and Hour Division, and the...
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.
- § 95-26 Repealed by Session Laws 1971, c. 56
- § 95-27 Repealed by Session Laws 1973, c. 660, s. 3
- § 95-28 Repealed by Session Laws 1997-443, s. 19.14
- § 95-28.1 Discrimination against any person possessing sickle cell trait or hemoglobin C trait prohibited
No person, firm, corporation, unincorporated association, State agency, unit of local government or any public or private entity shall deny or refuse employment to any...
- § 95-28.1A Discrimination against persons based on genetic testing or genetic information prohibited
(a) No person, firm, corporation, unincorporated association, State agency, unit of local government, or any public or private entity shall deny or refuse employment to...
- § 95-28.2 Discrimination against persons for lawful use of lawful products during nonworking hours prohibited
(a) As used in this section, "employer" means the State and all political subdivisions of the State, public and quasi‑public corporations, boards, bureaus, commissions, councils,...
- § 95-28.3 Leave for parent involvement in schools
(a) It is the belief of the General Assembly that parent involvement is an essential component of school success and positive student outcomes. Therefore, employers...
- § 95-29 Repealed by Session Laws 1973, c. 660, s. 4
- § 95-30 Repealed by Session Laws 1971, c. 240
- § 95-31 Acceptance by employer of assignment of wages
No employer of labor shall be responsible for any assignment of wages to be earned in the future, executed by an employee, unless and until...
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.
- § 95-47.1 Definitions
As used in this Article, unless the context clearly requires otherwise: (1) "Accept" employment means to accept an employer's offer of employment or to begin...
- § 95-47.2 Licensing procedures
(a) No person shall open, keep, maintain, own, operate or carry on a private personnel service unless the person has first procured a license therefor...
- § 95-47.3 Fees and contracts; filing with Commissioner
(a) Every license applicant shall file with the Commissioner a schedule of fees or charges made by the private personnel service to applicants for employment...
- § 95-47.3A Fee reimbursement from employers due to overstated earnings expectations
(a) An applicant who accepts employment that is compensated in whole or in part on a commission basis, and who pays a fee to the...
- § 95-47.4 Contracts; contents; approval; tying contracts forbidden
(a) A contract between a private personnel service and an applicant shall be in writing, labeled as a contract, physically separate from any application and...
- § 95-47.5 Records
Every private personnel service shall maintain for a period of two years, the following records: (1) Job orders or job specifications. (2) Executed applicant contracts....
- § 95-47.6 Prohibited acts
A private personnel service shall not engage in any of the following activities or conduct: (1) Induce or attempt to induce any employee placed by...
- § 95-47.7 Repealed by Session Laws 2003-308, s. 10, effective July 1, 2003
- § 95-47.8 Repealed by Session Laws 2003-308, s. 11, effective July 1, 2003
- § 95-47.9 Enforcement of Article; rules; hearing; penalty; criminal penalties
(a) This Article shall be enforced by the Commissioner. The Commissioner or any duly authorized agent, deputies or assistants designated by the Commissioner, may upon...
- § 95-47.10 Power of Commissioner to seek injunction
The Commissioner may apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto, and such courts...
- § 95-47.11 Government employment agencies unaffected
This Article shall not in any manner affect or apply to the State of North Carolina, the government of the United States, or to any...
- § 95-47.12 License taxes placed upon agencies not affected
This Article is not intended to conflict with or affect any license tax placed upon private personnel services by the revenue laws of North Carolina,...
- § 95-47.13 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...
- § 95-47.14 Notification requirement
Any temporary help service as described in G.S. 95‑47.1(16)c. that operates in North Carolina shall notify the Department of Labor in writing that the temporary...
- § 95-47.15 Certification requirement
Any employer fee paid personnel consulting service or temporary help service, as the two terms are described in G.S. 95‑47.1(16)f., that operates in North Carolina...
- § 95-47.16 through 95-47.18 Reserved for future codification purposes
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.
- § 95-69.8 Short title
This Article shall be known as the Uniform Boiler and Pressure Vessel Act of North Carolina. (1975, c. 895, s. 1.)
- § 95-69.9 Definitions
(a) The term "board" shall mean the North Carolina Board of Boiler and Pressure Vessel Rules. (b) The term "boiler" shall mean a closed vessel...
- § 95-69.10 Application of Article; exemptions
(a) This Article shall apply to all boilers and pressure vessels constructed, used, or designed for operation in this State including all new and existing...
- § 95-69.11 Powers and duties of Commissioner
The Commissioner of Labor is hereby charged, directed, and empowered: (1) To adopt, modify, or revoke rules governing the construction, operation, and use of boilers...
- § 95-69.12 Boiler Safety Bureau established
There is established a Boiler Safety Bureau within the Department of Labor. The Commissioner shall appoint a Chief Inspector of the Boiler Safety Bureau and...
- § 95-69.13 Board of Boiler and Pressure Vessels Rules created; appointment, terms, compensation and duties
(a) There is hereby created the North Carolina Board of Boiler and Pressure Vessels Rules consisting of nine members appointed by the Commissioner for a...
- § 95-69.14 Rules and regulations governing the construction, operation and use of boilers and pressure vessels
The Commissioner, after consultation with the Board, may adopt, modify, or revoke any rules and regulations governing the construction, installation, repair, alteration, inspection, use, and...
- § 95-69.15 Classification of inspectors; qualifications; examinations; inspector's commission
(a) There shall be three types of inspectors authorized to conduct inspections and report their findings to the Chief Inspector under this Article: (1) Boiler...
- § 95-69.16 Inspection certificate required
All boilers and pressure vessels subject to the provisions of this Article shall be inspected by a commissioned inspector. The Commissioner may determine both the...
- § 95-69.17 Noncomplying devices; appeal
(a) If the Commissioner determines that a boiler or pressure vessel is subject to the provisions of this Article and that the operation of the...
- § 95-69.18 Operation without inspection certificate; operation not in compliance with this Article; operation after nonissuance or revocation of certificate
(a) No person may operate or permit to be operated any boiler or pressure vessel subject to the provisions of this Article without a valid...
- § 95-69.19 Violations; civil penalties; appeals
(a) Any person who violates G.S. 95‑69.18(a) or (b) (operation without inspection certificate; operation not in accordance with Article or rules and regulations) shall be...
- § 95-69.20 Violations; criminal penalties
(a) Any person who knowingly and willfully misrepresents himself as an authorized inspector administering or enforcing the provisions of this Article or the rules adopted...
Article 8 - Bureau of Labor for the Deaf.
Article 9 - Earnings of Employees in Interstate Commerce.
- § 95-73 Collections out of State to avoid exemptions forbidden
No resident creditor or other holder of any book account, negotiable instrument, duebill or other monetary demand arising out of contract, due by or chargeable...
- § 95-74 Resident not to abet collection out of State
No person residing or sojourning in this State shall counsel, aid, or abet any violation of the provisions of G.S. 95‑73. (1909, c. 504, s....
- § 95-75 Remedies for violation of § 95-73 or 95-74; damages; indictment
Any person violating any provisions of G.S. 95‑73 or 95‑74 shall be answerable in damages to any debtor from whom any book account, negotiable instrument,...
- § 95-76 Institution of foreign suit, etc., evidence of intent to violate
In any civil or criminal action instituted in any court of competent jurisdiction in this State for any violation of the provisions of G.S. 95‑73...
- § 95-77 Construction of Article
No provision of this Article shall be so construed as to deprive any person entitled to its benefits of any legal or equitable remedy already...
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.
- § 95-97 Repealed by Session Laws 1998-217, s. 26
- § 95-98 Contracts between units of government and labor unions, trade unions or labor organizations concerning public employees declared to be illegal
Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or...
- § 95-98.1 Strikes by public employees prohibited
Strikes by public employees are hereby declared illegal and against the public policy of this State. No person holding a position either full‑ or part‑time...
- § 95-98.2 Strike defined
The word "strike" as used herein shall mean a cessation or deliberate slowing down of work by a combination of persons as a means of...
- § 95-99 Penalty for violation of Article
Any violation of the provisions of this Article is hereby declared to be a Class 1 misdemeanor. (1959, c. 742; 1993, c. 539, s. 667;...
- § 95-100 No provisions of Article 10 of Chapter 95 applicable to units of government or their employees
The provisions of Article 10 of Chapter 95 of the General Statutes shall not apply to the State of North Carolina or any agency, institution,...
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.
- § 95-105 Repealed upon adoption of rule pursuant to G.S. 95-100.5(20), effective July 1, 2003
- § 95-106 Repealed upon adoption of rule pursuant to G.S. 95-100.5(20), effective July 1, 2003
- § 95-107 Assessment and collection of fees; certificates of safe operation
The assessment of the fees adopted by the Commissioner pursuant to G.S. 95‑69.11, 95‑110.5, 95‑111.4 and 95‑120 shall be made against the owner or operator...
- § 95-108 Disposition of fees
All fees collected by the Department of Labor pursuant to G.S. 95‑69.11, 95‑110.5, 95‑111.4 and 95‑120 shall be deposited with the State Treasurer and shall...
- § 95-109 Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 990, s. 3
- § 95-110 Reserved for future codification purposes
Article 14A - Elevator Safety Act of North Carolina.
- § 95-110.1 Short title and legislative purpose
(a) This Article shall be known as the Elevator Safety Act of North Carolina. (b) The General Assembly finds that the use of unsafe and...
- § 95-110.2 Scope
This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving: (1) Elevators,...
- § 95-110.3 Definitions
(a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or his authorized representative. (b) The term "Director" shall mean the Director of...
- § 95-110.4 Elevator and Amusement Device Division established
There is hereby created an Elevator and Amusement Device Division within the Department of Labor. The Commissioner shall appoint a director of the Elevator and...
- § 95-110.5 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...
- § 95-110.6 Noncomplying devices and equipment; appeal
(a) Whenever the Commissioner determines that a device or equipment is subject to the provisions of this Article, and that the operation of such device...
- § 95-110.7 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 or equipment subject to the provisions of this Article without a...
- § 95-110.8 Operation of unsafe device or equipment
No person shall operate, permit to be operated or use any device or equipment subject to the provisions of this Article if such person knows...
- § 95-110.9 Reports required
(a) The owner of any device or equipment regulated under the provisions of this Article, or his authorized agent, shall within 24 hours notify the...
- § 95-110.10 Violations; civil penalties; appeals
(a) Any person who violates G.S. 95‑110.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) shall be subject...
- § 95-110.11 Violations; criminal penalties
(a) Any person who violates G.S. 95‑110.8 (Operation of unsafe device or equipment) shall be guilty of a Class 2 misdemeanor. (b) Any person misrepresenting...
- § 95-110.12 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...
- § 95-110.13 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...
- § 95-110.14 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...
- § 95-110.15 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...
- § 95-111 Reserved for future codification purposes
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...
