North Carolina Administrative Code

13 NCAC 06 .0502 TOILET FACILITIES History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. January 9, 1980.

13 NCAC 06 .0503 DANGEROUS OPENINGS The operator, owner or lessee shall provide reasonable safeguards, such as guard rails, fences, berms or other approved means, to prevent loss of life or property at any surface mine, pit or quarry which has dangerous openings. These safeguards…

13 NCAC 06 .0504 HOUSEKEEPING History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. January 5, 1978.

13 NCAC 06 .0505 MAINTENANCE History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. August 1, 1994.

13 NCAC 06 .0506 HANDLING EQUIPMENT History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. January 9, 1980.

13 NCAC 06 .0507 CRANES: DRAGLINES: SHOVELS AND DERRICKS (a) Air Pressure Gauge. Machines equipped with air brakes or air clutches shall have an air pressure gauge in view of the machine operator. (b) Derrick Guy Ropes. Derrick guy ropes that support masts shall be securely ancho…

13 NCAC 06 .0508 ELECTRICALLY POWERED HANDLING EQUIPMENT History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. January 9, 1980.

13 NCAC 06 .0509 HAULAGE AND TRANSPORTATION History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. January 9, 1980.

13 NCAC 06 .0510 RAILWAYS Starting a railroad car by "pinching" shall be prohibited except when a person is stationed at the brake wheel. ("Pinching" is defined as moving a railroad car with a pinchbar by placing the pinchbar between the wheel and the railroad track and using lev…

13 NCAC 06 .0513 CRUSHING EQUIPMENT (a) Feeders. Miners shall not be permitted to enter an operating feeder. (b) Guard Rails or Chains. Guard rails, chains or other protective devices shall be installed and maintained around jaw-type crusher openings. When necessary for miners to…

13 NCAC 06 .0514 PRESSURE TANKS History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. January 9, 1980.

13 NCAC 06 .0515 FIRE PREVENTION (a) Open Fires. The use of open fires for comfort heating for miners shall be prohibited. (b) Storage and Use of Oxygen, Etc. Oxygen, oxyacetylene and oxyhydrogen or electric welding, burning and cutting equipment shall be placed under the charge …

13 NCAC 06 .0516 ELECTRICAL EQUIPMENT (a) National Electrical Code. All electrical apparatus, equipment and wiring shall be installed and maintained in accordance with the National Electrical Code which is hereby incorporated by reference, 1993 Edition, including subsequent amend…

13 NCAC 06 .0517 HAND TOOLS Hand tools shall be regularly inspected and maintained in a safe condition. Defective tools shall not be used until repaired. History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Pursuant to G.S. 150B-21.3A…

13 NCAC 06 .0518 DREDGES AND SAND PUMPS (a) Guarding Spuds. Spuds and spud lifting collars shall be either guarded or isolated. (b) Hand Rails, Handcables and Handropes. Where practicable, all floating dredges and sand pumps shall be equipped with suitable hand rails, handcables …

13 NCAC 06 .0519 SAFETY SHOWERS AND EYE WASH FOUNTAINS Safety showers and eye wash fountains shall be provided, operable, and easily accessible to all areas where a hazard exists from hazardous chemical splashes and spills. ("Hazardous chemical" is defined as a chemical for which…

13 NCAC 06 .0520 JET CHANNELING OR PIERCING History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. August 1, 1994.

13 NCAC 06 .0521 EXPLOSIVES: GENERAL RULES (a) All Clear Signal. An "all clear" signal shall be sounded before any person is allowed to return to the blast site after a blast. (b) Destroying Empty Containers. No person shall be permitted to remain within 100 feet (30.48 meters) o…

13 NCAC 06 .0522 TRANSPORTATION OF EXPLOSIVES ON SITE (a) Congested Areas. Vehicles transporting explosives or blasting agents shall not be driven through congested areas whenever it is practicable to avoid them. When it is necessary to stop a vehicle containing explosives or bla…

13 NCAC 06 .0523 MAGAZINES History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. January 9, 1980.

13 NCAC 06 .0524 BLASTING: GENERAL RULES History Note: Authority G.S. 74-24.4(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. January 9, 1980.

13 NCAC 06 .0525 PRIMARY BLASTING (a) Detonators in Blast Area--Detonating Fuse. When loading a blast primed with detonating fuse, detonators shall not be attached to the detonating fuse until the blast site has been cleared. (b) Loading and Other Operations. Loading shall not be…

13 NCAC 06 .0526 SECONDARY BREAKAGE (a) Dropballing. The dropball operator shall be protected from flying rock by screen cloth or plexiglass or both. The operator shall not drop the ball on a rock which has a visible drill hole until it has been determined that the hole does not …

section .0600 – fees 13 ncac 06 .0601 MINE AND QUARRY BUREAU FEE SCHEDULE History Note: Authority G.S. 74-24.16(d); Emergency Adoption Eff. September 13, 2005; Temporary Adoption Eff. November 1, 2005; Temporary Adoption Expired August 12, 2006.

Chapter 07 - Office of Occupational Safety and Health SUBCHAPTER 07A - GENERAL RULES AND OPERATIONAL PROCEDURES SECTION .0100 - PURPOSE: DEFINITIONS 13 NCAC 07A .0101 NAME: ADDRESS The office of occupational safety and health is located in the Raleigh office of the North Carolina…

13 NCAC 07A .0102 PURPOSE: RESPONSIBILITIES In order to ensure the safety and health of employees throughout the state, the division administers the Occupational Safety and Health Act of North Carolina through a broad program of consultative services, education and training, and …

13 NCAC 07A .0103 DEFINITIONS (a) The following definitions shall apply throughout this Chapter: (1) Act. The Occupational Safety and Health Act of North Carolina, G.S. 95, Article 16; (2) Division. The Occupational Safety and Health Division, or OSH, name used to denote the offi…

SECTION .0300 - PROCEDURES 13 NCAC 07A .0301 INCORPORATION BY REFERENCE (a) Subject to the exceptions provided in Paragraph (h) of this Rule, the provisions of Title 29 of the Code of Federal Regulations referenced below are incorporated by reference throughout this Chapter, incl…

13 NCAC 07A .0302 COPIES AVAILABLE History Note: Authority G.S. 95-133; 150B-21.6; Eff. August 2, 1993; Amended Eff. July 1, 1998; June 1, 1994; Codifier determined that agency's findings of need did not meet criteria for temporary rule on March 20, 2000; Amended Eff. April 1, 20…

13 NCAC 07A .0303 DISCLOSURE (a) The Department shall disclose documents in investigative and other files in accordance with G.S. 132 and the exceptions set forth in G.S. 95-136. Specific guidelines for OSH division files are set forth in this Rule. The department shall disclose …

13 NCAC 07A .0401 CAROLINA STAR PROGRAM History Note: Authority G.S. 95-133; Eff. August 2, 1993; Repealed Eff. April 1, 2001.

SECTION .0500 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH Editor's Note: 13 NCAC 7A .0501 - .0513 was recodified from 13 NCAC 7B .0701 - .0713 Eff. August 2, 1993. 13 NCAC 07A .0501 PURPOSE AND SCOPE (a) G.S. 95-134 of the Occupational Safety and Health Act of Nort…

13 NCAC 07A .0502 MEMBERSHIP The council is a continuing advisory board of 11 members. Three members will represent management, three members will represent organized labor, five members will represent the public sector, one member of which will have a knowledge of migrant labor.…

13 NCAC 07A .0503 TERMS OF MEMBERSHIP Each member of the council shall serve a term of four years. Members may serve more than one term and such terms may be consecutive. The terms of the members shall be staggered. In the case of the members representing the private sector, two …

13 NCAC 07A .0504 MEETINGS The council shall hold no fewer than two meetings during each calendar year and, it is contemplated that no more than 12 meetings a year will be held. At least one meeting each year will be held in the eastern area and one in the western area of the sta…

13 NCAC 07A .0507 NOTICE OF MEETINGS Public notice of any meetings of the council shall be given by the person calling the meetings in accordance with Rule .0501 of this Section or at his direction at least 14 days in advance of the meeting; except when it is impractical to do so…

13 NCAC 07A .0508 CONTENTS OF NOTICE (a) Notices of meetings shall describe fully or summarize adequately the agenda. (b) The notice shall announce that the meeting is open to the public. (c) The notice shall indicate that interested persons have an opportunity to file statements…

13 NCAC 07A .0512 PETITIONS FOR CHANGES IN THE RULES: COMPLAINTS (a) Any interested person shall have the right to petition for the issuance, amendment or repeal of rules published in part. Any such petition will be considered in a reasonable time. Prompt notice shall be given of…

13 NCAC 07A .0513 ADVICE OF THE ADVISORY COUNCIL (a) The commissioner may request the recommendation of the advisory council appointed under G.S. 95-134 of the act regarding adoption, promulgation, modification or revocation of standards. In such event the commissioner shall subm…

SECTION .0600 - SAFETY AND HEALTH PROGRAMS AND COMMITTEES 13 NCAC 07A .0601 PURPOSE AND SCOPE (a) This Section sets forth rules of procedure for implementation of G.S. 95, Article 22 which is entitled "Safety and Health Programs and Committees." (b) The purpose of this Section is…

13 NCAC 07A .0602 DEFINITIONS (a) "Fixed location worksite" means any worksite to which an employee regularly reports for at least a consecutive three month period. (b) "Near-miss" means any accident or incident at a worksite that does not result in injury, but the potential for …

13 NCAC 07A .0603 SAFETY AND HEALTH PROGRAMS (a) All Safety and Health programs established under G.S. 95-251 for both fixed locations and non-fixed locations shall meet or exceed the requirements of G.S. 95-251(b)(1)-(9). (b) The written program shall also include: (1) The manne…

13 NCAC 07A .0604 SELECTION OF SAFETY COMMITTEES (a) An employer may elect to implement any one of the following selection processes as a means of meeting the requirements for selection of representatives to employee Safety and Health committees pursuant to G.S. 95-252(d). The em…

13 NCAC 07A .0605 SAFETY & HEALTH COMMITTEE REQUIREMENTS (a) Multi-Site Employers: (1) Employers with 11 or more employees who do not report to a fixed or regular location worksite are required to have a Safety and Health Committee to represent those employees. The employer must …

13 NCAC 07A .0606 TRAINING AND EDUCATION (a) All safety and health committee members shall receive training and education based on the type of business activity in which the employer is involved and the scope of the committee's duties. At a minimum, employers shall provide traini…

13 NCAC 07A .0607 REPORTS The report forms required from employers within 60 days of notification by the Commissioner of Labor of inclusion in the program shall include the following information: (1) Name of the employer. (2) Address of employer. (3) Telephone number of employer.…

SECTION .0700 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS Editor's Note: 13 NCAC 7A .0701 - .0718 were recodified from 13 NCAC 7B .0401 - .0418 Eff. August 2, 1993. 13 NCAC 07A .0701 PURPOSE AND SCOPE (a) This Section contains rules of pr…

13 ncac 07a .0702 DEFINITIONS As used in this Section, unless the context clearly requires otherwise: (1) "Act" means the Occupational Safety and Health Act of North Carolina. (2) "Commissioner" means the Commissioner of Labor of North Carolina. (3) "Director" means the Director …

13 ncac 07a .0703 PETITIONS FOR AMENDMENTS TO THIS PART Any person may at any time petition the Commissioner in writing to revise, amend, revoke, or suspend any provisions of this part. The petition should set forth either the terms or the substance of the rule desired, with a co…

13 NCAC 07A .0704 AMENDMENTS TO THIS PART The Commissioner may at any time revise, amend, revoke, or suspend in the interests of justice, any provisions of this part, on his own motion or upon the written petition of any person. History Note: Authority G.S. 95-132; Eff. February …