North Carolina § 95-129 - Rights and duties of employers.

§ 95-129. Rights and duties of employers.

Rights and duties of employers shall include but are not limited to the following provisions: Each employer shall furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or serious physical harm to his employees; Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this Article; Each employer shall refrain from any unreasonable restraint on the right of the Commissioner or Director, or their lawfully appointed agents, to inspect the employer's place of business. Each employer shall assist the Commissioner, the Director or the lawful agents of either or both of them, in the performance of their inspection duties by supplying or by making available information, any necessary personnel or necessary inspection aides; Any employer, or association of employers, is entitled to participate in the development of standards by submission of comments on proposed standards, participation in hearings on proposed standards, or by requesting the development of standards on a given issue under G.S. 95-131; Any employer is entitled, under G.S. 95-137, to review of any citation issued because of his alleged violation of any standard promulgated under this Article, or the length of the abatement period allowed for the correction of an alleged violation; Any employer is entitled, under G.S. 95-137, to a review of any penalty in the form of civil damages assessed against him because of his alleged violation of this Article; Any employer is entitled, under G.S. 95-132, to seek an order granting a variance from any occupational safety or health standard; Any employer is entitled, under G.S. 95-152, to protection of his trade secrets and other legally privileged communications. History (1973, c. 295, s. 4.) Legal Periodicals. - For article, "Smoking in the Workplace: Who Has What Rights?," see 11 Campbell L. Rev. 311 (1989). For article discussing the protection of nonsmokers' rights in the workplace, see 11 Campbell L. Rev. 339 (1989). 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).