North Carolina § 95-127 - Definitions.

§ 95-127. Definitions.

As used in this Article, the following definitions apply: Advisory Council. - The Advisory Council or body established under this Article. Antineoplastic agent. - A chemotherapy drug or cytotoxic drug used to treat cancer patients and some non-cancer patients. Carolina Star Program. - A voluntary program designed to recognize work sites that implement effective safety and health management systems and that meet standards adopted by the Commissioner pursuant to G.S. 95-157. The Carolina Star Program is inclusive of four distinct programs, which includes the following: Carolina Star, Rising Star, Building Star, and Public Sector Star. Classified service. - A position included in the State Merit System of Personnel Administration subject to the laws, rules and regulations of the State Personnel Board as administered by the State Personnel Director and as set forth in Chapter 126 of the General Statutes. Commission. - North Carolina Occupational Safety and Health Review Commission established under this Article. Commissioner. - The Commissioner of Labor of North Carolina. Day. - A calendar day unless otherwise noted. Department. - The North Carolina Department of Labor of North Carolina. Deputy Commissioner. - The Deputy Commissioner of the North Carolina Department of Labor, who is appointed by the Commissioner to aid and assist the Commissioner in the performance of his duties. The Deputy Commissioner shall exercise such power and authority as delegated to him or her by the Commissioner. Director. - The officer or agent appointed by the Commissioner of Labor for the purpose of assisting in the administration of the Occupational Safety and Health Act of North Carolina. Employee. - An employee of an employer who is employed in a business or other capacity of his or her employer, including any and all business units and agencies owned and/or controlled by the employer. Employer. - A person engaged in a business who has employees, including any state or political subdivision of a state, but does not include the employment of domestic workers employed in the place of residence of his or her employer. Established federal standard. - Any operative occupational safety and health standard established by any agency of the United States and presently in effect, or contained in any act of Congress in force on the date of enactment of this Article, and adopted by the Secretary of Labor under the Occupational Safety and Health Act of 1970. Federal Act. - The Occupational Safety and Health Act of 1970 (Public Law 91-596, 91st Congress, Act of December 29, 1970, 84 Stat. 1950). Imminent danger. - Any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death, or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Article. Issue. - An industrial, occupational or hazard grouping. Occupational safety and health standard. - A standard which requires conditions, or the adoption or use of one or more practices, means, methods, safety devices, operations or processes reasonably necessary and appropriate to provide safe and healthful employment and places of employment, and shall include all occupational safety and health standards adopted and promulgated by the Secretary which also may be and are adopted by the State of North Carolina under the provisions of this Article. This term includes but is not limited to interim federal standards, consensus standards, any proprietary standards or permanent standards, as well as temporary emergency standards which may be adopted by the Secretary, promulgated as provided by the Occupational Safety and Health Act of 1970, and which standards or regulations are published in the Code of Federal Regulations or otherwise properly promulgated under the federal act or any appropriate federal agencies. Person. - One or more individuals, partnerships, associations, corporations, business trusts, legal representatives. Secretary. - The United States Secretary of Labor. Serious violation. - A violation that shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use at such place of employment, unless the employer did not know, and could not, with the exercise of reasonable diligence, know of the presence of the violation. State. - The State of North Carolina. History (1973, c. 295, s. 2; 1987, c. 282, s. 14; 2005-133, s. 3; 2013-382, s. 9.1(c); 2014-76, s. 2; 2017-211, s. 15(a).) Editor's Note. - Session Laws 2005-133, s. 1, effective June 29, 2005, as amended by Session Laws 2006-226, s. 30, provides: "Under the Occupational Safety and Health Act of North Carolina, the name of the Safety and Health Review Board is changed to the North Carolina Occupational Safety and Health Review Commission. The Revisor of Statutes is authorized to substitute the term 'Commission' for the term 'Board' wherever that term appears in the General Statutes in relation to the Act. The Revisor of Statutes is also authorized to insert the words 'North Carolina Occupational' in front of the phrase 'Safety and Health Review Commission' wherever that phrase appears in the General Statutes in relation to the Act." Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act: (1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.' (2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.' (3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.' " Session Laws 2013-382, s. 9.1.(c), provides in part: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary." Session Laws 2013-382, s. 9.2, provides: "No action or proceeding pending on the effective date of this section, brought by or against the State Personnel Commission, the Director of the Office of State Personnel, or the Office of State Personnel, shall be affected by any provision of this section, but the same may be prosecuted or defended in the new name of the Commission, Director, and Office. In these actions and proceedings, the renamed Commission, Director, or Office shall be substituted as a party upon proper application to the courts or other public bodies." Session Laws 2013-382, s. 9.2, was effective August 21, 2013. Session Laws 2013-382, s. 9.3, provides: "Any business or other matter undertaken or commanded by the former State Personnel Commission, State Personnel Director, or Office of State Personnel regarding any State program, office, or contract or pertaining to or connected with their respective functions, powers, obligations, and duties that are pending on the date this act becomes effective may be conducted and completed by the Commission, Director, or Office in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the formerly named commission, director, or office." Session Laws 2013-382, s. 9.3, was effective August 21, 2013. Session Laws 2014-76 provides in its preamble: "Whereas, according to the National Institute for Occupational Safety and Health (NIOSH), early concerns about occupational exposure to antineoplastic agents first appeared in the 1970s; and "Whereas, antineoplastic agents may cause skin rashes, infertility, miscarriage, birth defects, and have been linked to a wide variety of cancers; and "Whereas, NIOSH published an alert on preventing occupational exposures to antineoplastic agents in health care settings in 2004 with an update in 2010; and "Whereas, in this alert, the NIOSH presents a standard precautions or universal precautions approach to handling antineoplastic agents safely, meaning that it recommends that antineoplastic agents be handled as outlined in the alert; Now, therefore," Session Laws 2014-76, s. 1, provides: "The General Assembly finds that health care personnel who work with or near hazardous antineoplastic agents in health care settings may be exposed to these agents in the workplace. It is the intent of the General Assembly to require health care facilities to follow rules requiring compliance with all aspects of alerts from the National Institute for Occupational Safety and Health in order to protect health care personnel in this State from hazardous exposure to such agents." Session Laws 2014-76, s. 5, provides: "The Commissioner of Labor shall adopt the rules to implement this act no later than January 1, 2016. Rules adopted pursuant to this section shall not be subject to G.S. 150B-19.1(e) , 150B-19.1(f), 150B-19.1(h), and 150B-21.4. The Commissioner of Labor shall establish an advisory workgroup, consisting of hospitals, organizations representing health care personnel, and other interested stakeholders, for the development of rules as required by this act. Consideration shall be given to what constitutes a reasonable time frame for facilities to implement new requirements." Session Laws 2017-211, s. 21(a), is a severability clause. Effect of Amendments. - Session Laws 2005-133, s. 3, effective June 29, 2005, substituted "'Commission' means the North Carolina Occupational Safety and Health Review Commission" for "'Board' means the Safety and Health Review Board" in subdivision (2). Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Commission as administered by the Director of the Office of State Human Resources" for "State Personnel Board as administered by the State Personnel Director" in subdivision (3). Session Laws 2014-76, s. 2, effective July 22, 2014, rewrote the section. Session Laws 2017-211, s. 15(a), effective October 1, 2017, added subdivision (2a). Legal Periodicals. - For article, "Proving Violations or Proving Affirmative Defenses Under the Occupational Safety and Health Act of North Carolina," see 18 N.C. Cent. L.J. 99 (1989).