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North Carolina State Plan

About the North Carolina State Plan [North Carolina State Plan Website]

The North Carolina Department of Labor (NCDOL) is charged with promoting the "health, safety and general well-being" of more than 4 million workers in the state. A commissioner of labor is elected every four years as head of the department and also serves on the Council of State. The commissioner has broad regulatory and enforcement powers to carry out the department's duties and responsibilities. The department is divided into three divisions: Administration, Occupational Safety and Health, and Standards and Inspections. The Occupational Safety and Health Division (OSH) is responsible for administering the Occupational Safety and Health Act.

The North Carolina State plan was initially approved on February 1, 1973 (38 FR 3041). On December 18, 1996, OSHA announced the final approval of the North Carolina State plan pursuant to section 18(e) and amended Subpart I of 29 CFR part 1952 to reflect the Assistant Secretary's decision (61 FR 66593).

Jurisdiction

The North Carolina Department of Labor exercises jurisdiction over all private and public sector employers and employees within the State, with the exception of Federal employees, the United States Postal Service (USPS), private sector maritime activities, employment on Indian reservations, railroad employment, and enforcement on military bases, and the American National Red Cross, which are subject to Federal OSHA jurisdiction. See 29 CFR 1952.155.

Regulations and Standards

States must set job safety and health standards that are "at least as effective as" comparable federal standards. (Most States adopt standards identical to federal ones.) States have the option to promulgate standards covering hazards not addressed by federal standards.

North Carolina has a limited number of state-specific standards. A list of these standards is provided below with a Web link for additional details. NCDOL state-specific standards for General Industry include:

  • Hazardous Materials: 13 NCAC 07F.0103, Hazardous Waste Operations and Emergency Response
  • Electric Power Generation, Transmission, and Distribution: 13 NCAC 07F. 0105, Fall Protection

NCDOL state-specific standards for Construction Industry include:

  • General Safety and Health Provisions: 13 NCAC 07F. 0202, PPE
  • Occupational Health and Environmental Controls: 13 NCAC 07F. 0203, Non-ionizing Radiation
  • Personal Protective and Life Saving Equipment: 13 NCAC 07F .0204, Snaphooks
  • Steel Erection: 13 NCAC 07F. 0205, Fall Protection
  • Power Transmission and Distribution: 13 NCAC 07F. 0206, PPE
  • Toxic and Hazardous Substances: 13 NCAC 07F. 0207, Bloodborne Pathogens

Additional NCDOL state-specific standards:

  • Communication Towers: 13 NCAC 07F .0600
  • Blasting and Use of Explosives: 13 NCAC 07F .0700
  • Agriculture: 13 NCAC 07F. 0302 (Scope is not affected by number of employees)
  • Maritime: 13 NCAC 07F .0500 (Public Sector coverage only)
  • Access to Medical Records 13 NCAC 7A .0900

NCDOL state specific rules are contained in Title 13 of the North Carolina Administrative Code. The following link to Standards Information and Activity, provides additional information about the status of specific standards in the state.

Enforcement Programs
  • Agricultural Safety and Health Bureau (ASH) - The bureau conducts preoccupancy inspections for migrant labor camps and OSH inspections to ensure compliance with applicable safety and health standards.
  • Compliance Bureau - East and West Compliance conduct random inspections of North Carolina businesses to ensure compliance with applicable workplace safety and health standards. The bureau manages the OSH Complaint Desk that processes work-related safety and health concerns.
  • Planning, Statistics and Information Management (PSIM) - The bureau provides statistical data about North Carolina employers. The bureau produces several annual statistical documents, manages inspection case file disclosures, and administers the inspection assignment process.
Voluntary and Cooperative Programs
  • Consultative Services Bureau - The bureau provides free, on-site consultation upon employer request to help employers comply with workplace safety and health standards. The bureau also administers the Safety and Health Achievement Recognition Program (SHARP) that recognizes small to mid-size businesses that establish and maintain effective safety programs.
  • Education, Training and Technical Assistance (ETTA) - The bureau coordinates and conducts various outreach programs such as safety and health schools and workshops speaking engagements, training events and booth displays. The bureau also reviews the federal standards for state adoption, coordinates state-specific rulemaking activities, distributes OSH publications, and provides written, electronic or telephone interpretive guidance to employers and employees. The bureau also processes variance requests.The bureau also administers two recognition programs, the Carolina Star Program and the Safety Awards Program, that acknowledges businesses with exemplary safety and health programs.
Policies and Procedures

A link to, and explanation of, North Carolina's Operating Procedures can be found on their web site.

Informal Conferences and Appeals

The North Carolina Safety and Health Review Commission is an independent administrative adjudicatory body created by North Carolina General Statute § 95-135 to hear contestments of citations, penalties, and abatement periods issued by the Occupational Safety and Health Division of the North Carolina Department of Labor. The review by the Commission is a two tiered process with an evidentiary hearing held by Administrative Law Judges throughout the state. Decisions of the Administrative Law Judges may then be appealed to the three-member Commission which is appointed by the Governor. The Commission's decision may be appealed first to the Superior Court and then to the North Carolina Court of Appeals and finally to the North Carolina Supreme Court.

Other Resources
NORTH CAROLINA DEPT OF LABOR
Occupational Safety and Health Division
111 Hillsborough Street
Raleigh, NC 27601-1092
 
Mailing Address:
 
NORTH CAROLINA DEPT OF LABOR
Occupational Safety and Health Division
1101 Mail Service Center
Raleigh, NC 27699-1101
(919) 807-2900
For detailed contact information visit North Carolina's website.

Contact Information

North Carolina Department of Labor
  • Occupational Safety and Health Division
  • 111 Hillsborough Street
  • Raleigh, NC 27601-1092
  • (919) 733-7166
  • Cherie Berry, Commissioner
  • Mailing Address:
  • North Carolina Department of Labor
  • Occupational Safety and Health Division
  • 1101 Mail Service Center
  • Raleigh, NC 27699-1101

Occupational Safety & Health Division

Disclaimer

OSHA makes every effort to ensure that the information on this page is accurate and up to date, but changes in state law and procedures affecting the information on this page are beyond OSHA's control. Contact state program staff directly to verify important information.

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