North Carolina Administrative Code

Chapter 01 - Departmental Rules SUBCHAPTER 01D – HUMAN TRAFFICKING AWARENESS SECTION .0100 – HUMAN TRAFFICKING AWARENESS 13 NCAC 01D .0101 TRAINING ON HUMAN TRAFFICKING (a) Any individual required to complete the training required by G.S. 130A-511(b) shall complete one of the fol…

13 NCAC 01D .0102 HUMAN TRAFFICKING AWARENESS SIGNAGE (a) Displaying any sign including the following information shall meet the requirements of G.S. 130A-511(c)(3): (1) the toll-free National Human Trafficking Resource Hotline telephone number, 1-888-373-7888; (2) the link for t…

13 NCAC 03 .0209 CERTIFICATE AND INSPECTION FEES History Note: Legislative Objection Lodged Eff. June 16, 1980; Legislative Objection Removed Eff. May 21, 1981; Statutory Authority G.S. 95-69.11; 95-69.14; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. Feb…

13 NCAC 03 .0352 NORTH CAROLINA SPECIAL: TEMPORARY History Note: Authority G.S. 95-69.14; Eff. July 10, 1978; Repealed Eff. May 29, 1981.

Chapter 04 - Conciliation and Arbitration Division SUBCHAPTER 04A - DIVISION RULES SECTION .0100 - PURPOSE: DEFINITIONS 13 NCAC 04A .0101 NAME: ADDRESS The Arbitration, Conciliation and Mediation Division is located in the Raleigh office of the department. The mailing address for…

13 NCAC 04A .0102 PURPOSE: RESPONSIBILITIES (a) The division works to promote permanent labor-management peace and to protect the interests and rights of labor, management, and the people of the state by the prevention or prompt settlement of labor disputes. (b) The division offe…

13 NCAC 04A .0103 DEFINITIONS The following definitions shall apply throughout this Chapter: (1) "division" -- those employees of the department who are responsible for promoting permanent labor-management peace and protecting the rights and interests of the people of ths state b…

SECTION .0200 - ORGANIZATION 13 NCAC 04A .0201 DIVISION: GENERAL The Director of the Arbitration, Conciliation and Mediation Division, appointed by the commissioner and under the supervision of the chief deputy commissioner, is in charge of the everyday operations of the division…

13 NCAC 04A .0202 ARBITRATION PANEL The North Carolina Voluntary Arbitration Panel consists of a number of private North Carolina citizens qualified in the general field of labor relations. Their function is to intervene, upon request by the parties, in labor disputes, and to ren…

SUBCHAPTER 04B - VOLUNTARY ARBITRATION SECTION .0100 - REQUESTS: AVAILABILITY OF ARBITRATORS: APPOINTMENT 13 NCAC 04B .0101 REQUEST FOR ARBITRATION Requests for the appointment of an arbitrator shall be made in writing to the commissioner. Each request shall be accompanied by: (1…

13 NCAC 04B .0102 AVAILABILITY OF ARBITRATORS The Commissioner of Labor will acknowledge the receipt of each request for the appointment of an arbitrator and will submit to each of the parties the list of available arbitrators serving on the North Carolina Arbitration Panel. Hist…

13 NCAC 04B .0103 APPOINTMENT OF ARBITRATORS (a) The parties may agree upon an arbitrator from the list submitted, or each may strike no more than two names from said list of five unless the commissioner otherwise specifies. (b) Upon receipt of notification of the agreement of th…

SECTION .0200 - ARBITRATION HEARING: GENERAL PRINCIPLES: EX-PARTE HEARINGS: TRANSCRIPTS OR RECORDINGS: OATH OF OFFICE 13 NCAC 04B .0201 GENERAL PRINCIPLES (a) The arbitrator appointed by the commissioner shall preside at the hearings. The arbitrator shall provide a fair and adequ…

13 NCAC 04B .0202 EX-PARTE HEARINGS (a) In determining whether to conduct an ex-parte hearing, an arbitrator must consider relevant legal, contractual, and other pertinent circumstances. (b) An arbitrator must be certain, before proceeding ex-parte, that the party refusing or fai…

13 NCAC 04B .0203 TRANSCRIPTS OR RECORDINGS (a) Mutual agreement of the parties as to use or non-use of a transcript must be respected by the arbitrator. (b) If the parties do not agree on a transcript, an arbitrator may permit one party to have a transcript for its own purposes …

13 NCAC 04B .0204 OATH OF OFFICE When an oath of office is taken, it should serve as a guide for the arbitrator. When an oath is not required or is waived by the parties, the arbitrator shall nevertheless observe the standards which the oath imposes. History Note: Authority G.S. …

SECTION .0300 - AWARD: PAYMENT: CODE OF RESPONSIBILITY 13 NCAC 04B .0301 AWARD (a) The arbitrator will render the arbitration award promptly in writing. The arbitrator will forward copies of the award to each of the parties and to the commissioner, together with the arbitrator's …

13 NCAC 04B .0302 PAYMENT The parties shall make prompt payment of the arbitrator's bill directly to the arbitrator. History Note: Authority G.S. 95-36.5; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive …

13 NCAC 04B .0303 CODE OF RESPONSIBILITY The commissioner has adopted the "Code of Professional Responsibility for Arbitrators of Labor-Management Disputes" (1975) of the American Arbitration Association. Copies of the code may be obtained from the American Arbitration Associatio…

SUBCHAPTER 04C – MEDIATION SECTION .0100 - MEDIATION 13 NCAC 04C .0101 REQUESTS FOR MEDIATION A request for mediation services may be made solely by one party or jointly by both parties involved in a labor dispute. The request should be made to the Director of the Arbitration, Co…

13 NCAC 04C .0102 FEES Mediation services are offered free of charge to the parties requesting the service. History Note: Authority G.S. 95-34; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public inte…

13 NCAC 04C .0103 INTERVENTION BY COMMISSIONER History Note: Authority G.S. 95-36; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. July 1, 1988.

SUBCHAPTER 04D - TECHNICAL AND EDUCATIONAL SERVICES SECTION .0100 - TECHNICAL SERVICES: REPRESENTATION ELECTIONS: CARD-CHECKS/CERTIFICATIONS 13 NCAC 04D .0101 REPRESENTATION ELECTIONS (a) Upon mutual consent and joint request of the parties, a representation election will be cond…

13 NCAC 04D .0102 CARD-CHECKS/CERTIFICATIONS (a) Upon mutual consent and request of the parties, a card-check/certification will be conducted, by the division, to determine whether or not a union possesses majority status in a defined bargaining unit. Prior to the card-check/cert…

SECTION .0200 - EDUCATIONAL SERVICES: AVAILABILITY: REQUESTS 13 NCAC 04D .0201 AVAILABILITY OF SERVICES The division is available and is often called upon to plan, develop, and present programs, lectures, workshops, and seminars in the area of labor relations pertaining to confli…

13 NCAC 04D .0202 REQUESTS FOR SERVICES Requests for these services can be made by telephone or through mail to the division office. History Note: Authority G.S. 95-32; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Pursuant to G.S. 150B-21.3A, rule is necessary withou…

13 NCAC 05 .0208 INSPECTION FEES History Note: Authority G.S. 95-105; Eff. February 1, 1976; Repealed Eff. December 1, 1985.

13 NCAC 05 .0213 WIRING DIAGRAMS History Note: Authority G.S. 95-110.5; Eff. March 1, 1987; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

13 NCAC 05 .0507 INSPECTION FEES History Note: Authority G.S. 95-106; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. December 1, 1985.

CHAPTER 06 - MINE AND QUARRY DIVISION SECTION .0100 - GENERAL PROVISIONS 13 NCAC 06 .0101 NAME: ADDRESS The Mine and Quarry Division is located in the Raleigh office of the department. The mailing address of the division: Mine and Quarry Division, North Carolina Department of Lab…

13 NCAC 06 .0102 PURPOSE: RESPONSIBILITIES Through the administration and enforcement of the North Carolina Mine Safety and Health Act, the division works to ensure the safe operation of mines and quarries. Under the supervision of the commissioner, the division is responsible fo…

13 NCAC 06 .0103 ORGANIZATION The Director of the Mine and Quarry Division, appointed by the commissioner and under the supervision of the deputy commissioner, is in charge of the day-to-day operations of the division. The director is assisted by an assistant director. The divisi…

13 NCAC 06 .0104 ADVISORY COUNCIL History Note: Authority G.S. 74-24.6; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. January 5, 1978; Repealed Eff. July 1, 1988.

13 NCAC 06 .0105 DEFINITIONS The following definitions shall apply in this Chapter: (1) "Division" means the Mine and Quarry Division of the Department of Labor. (2) "Director" means the Director of the Mine and Quarry Division. (3) "Act" means the Mine Safety and Health Act of N…

SECTION .0200 - EDUCATION AND TRAINING 13 NCAC 06 .0201 SERVICES OFFERED The education and training section of the division provides: (1) education and training programs to increase the number and competence of personnel engaged in the field of occupational safety and health in m…

13 NCAC 06 .0202 REQUESTS Operators and miners may request the education, training, consultation, and technical assistance services of the division by contacting the director or any employee of the division. History Note: Authority G.S. 74-24.16; Eff. February 1, 1976; Readopted …

SECTION .0300 - PROCEDURES 13 NCAC 06 .0301 MODIFICATION OF STANDARDS (a) A petition for modification of the application of a safety or health standard to a mine shall be in writing and shall be mailed to the commissioner. The petition shall include: (1) the name, address, title …

13 NCAC 06 .0302 GENERAL INSPECTIONS (a) Advance Notice. Advance notice will be given only when it is necessary to insure that appropriate mine personnel are present at the time of the inspection. In any case, advance notice shall not be given more than 15 days before the inspect…

13 NCAC 06 .0303 HEALTH SURVEYS (a) Agreement. The commissioner has reached an agreement with the Director, Division of Health Services of the North Carolina Department of Human Resources, under which the division of health services shall perform health surveys and investigations…

13 NCAC 06 .0304 ACCIDENTS: NOTIFICATION: INVESTIGATION (a) Immediate Notification. The operator of a mine, using the fastest available means of communication, shall notify the director or any other representative of the division of any of the following accidents that occur at a …

13 NCAC 06 .0305 ACCIDENT AND ILLNESS RECORDS (a) Reporting Required. Following the occurrence of any work-related accident (including those listed in Rule .0304(a) of this Section), work-related illness, or work-related injury (other than a minor first-aid case), the operator sh…

13 NCAC 06 .0306 WORK RECORDS All operators shall maintain for at least two years records specifying: the number of days that the mine has operated each month; the number of employees working each month; the total number of manhours worked; and the number of days lost from work b…

13 NCAC 06 .0307 COMMENCEMENT: CLOSING OF OPERATIONS (a) Commencement of Operations. Before starting operations, all operators of mines shall notify the commissioner of the approximate or actual date that mine operations will commence. The notification shall be in writing and sha…

13 NCAC 06 .0308 PUBLICATION: RELEASE OF INFORMATION (a) Annual Statistical Report. The director shall compile, analyze and annually publish, in summary form statistical information pertaining to accidents and injuries in mine operations within the state. Requests for the free an…

13 NCAC 06 .0309 DISCRIMINATION AGAINST MINERS Any miner or representative of miners who believes that he has been discharged or otherwise discriminated against by any person in violation of the provisions of G.S. 95-241 may, within 180 days after such violation occurs, apply to …

13 NCAC 06 .0310 REPRESENTATIVE OF MINERS When used in the act, the term "representative of the miners" shall mean a union representative of the miners. History Note: Authority G.S. 74-24.7; 95-4; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Pursuant to G.S. 150B-21.…

13 NCAC 06 .0311 AUTHORIZED REPRESENTATIVE OF MINERS When used in North Carolina General Statute 74-24.7(g), the term "authorized representative of the miners" shall mean the safety chairman, lead man, recognized spokesman, or union representative of the miners. History Note: Aut…

SECTION .0400 - GENERAL MINE STANDARDS 13 NCAC 06 .0401 GENERAL DUTY Every operator shall use every reasonable precaution to provide safe and healthful working conditions for all miners in each mine, whether provided for in the standards of this Chapter or not. It shall be the du…

13 NCAC 06 .0402 FEDERAL MANDATORY STANDARDS (a) The commissioner has adopted and shall enforce the mandatory provisions of the Metal and Nonmetal Mine Health and Safety Standards, July, 1993 edition, which are hereby incorporated by reference, including subsequent amendments and…

SECTION .0500 - SURFACE MINE: PIT AND QUARRY STANDARDS 13 NCAC 06 .0501 APPLICABILITY In addition to complying with the requirements of Section .0400 of this Chapter, all mines, except for the underground portions of underground mines, shall comply with the rules of this Section.…