North Carolina Administrative Code

13 NCAC 07A .0705 EFFECT OF VARIANCES All variances granted pursuant to this part shall have only future effect. In his discretion, the Commissioner may decline to entertain an application for a variance on a subject or issue concerning which a citation has been issued to the emp…

13 NCAC 07A .0706 FORM OF DOCUMENTS: SUBSCRIPTION: COPIES (a) No particular form is prescribed for applications and other papers which may be filed in proceedings under this part. However, any applications and other papers shall be clearly legible. An original and the copies of a…

13 NCAC 07A .0707 VARIANCES AND OTHER RELIEF UNDER SECTION 95-132(a) (a) Application for a Temporary Variance. Any employer, or class of employers, desiring a temporary variance from a standard, or portion thereof, authorized by section 95-132 of the Act may file a written applic…

13 NCAC 07A .0708 VARIANCES AND OTHER RELIEF UNDER SECTION 95-132(B) Application for a Permanent Variance. Any employer, or class of employers, desiring a permanent variance authorized by G.S. 95-132(b) of the Act may file a written application with the Commissioner of the Depart…

13 NCAC 07A .0709 MODIFICATION: REVOCATION: AND RENEWAL OF RULES OR ORDERS (a) Modification or Revocation (1) An affected employer or an affected employee may apply in writing to the Commissioner for a modification or revocation of a rule or order issued under section 95-132(a) o…

13 NCAC 07A .0710 ACTION ON APPLICATIONS (a) Defective Applications (1) If an application filed pursuant to Rule .0707, or .0708, or .0709 of this Section does not conform to the applicable rule, the Commissioner may deny the application. (2) Prompt notice of the denial of an app…

13 NCAC 07A .0711 REQUESTS FOR HEARINGS ON APPLICATIONS (a) Request for Hearing. Within the time allowed by a notice of the filing of an application, any affected employer or employee may file with the Commissioner, in quadruplicate, a request for a hearing on the application. (b…

13 NCAC 07A .0712 NOTICE OF HEARING (a) Service. Upon request for a hearing as provided in this part, or upon his own initiative, the Commissioner shall serve, or cause to be served, a reasonable notice of hearing. (b) Contents. A notice of hearing served under Paragraph (a) of t…

13 NCAC 07A .0713 MANNER OF SERVICE Service of any document upon any party may be made by personal delivery, or by mailing a copy of the document to the last known address of the party. The person serving the document shall certify to the manner and the date of the service. Histo…

13 NCAC 07A .0714 HEARING OFFICERS: POWERS AND DUTIES (a) Powers. A hearing officer designated by the Commissioner to preside over a hearing shall have all powers necessary or appropriate to conduct a fair, full, and impartial hearing, including the following: (1) to administer o…

13 NCAC 07A .0715 PREHEARING CONFERENCES (a) Convening a Conference. Upon his own motion or the motion of a party, the hearing officer may direct the parties or their counsel to meet with him for a conference to consider: (1) simplification of the issues; (2) necessity or desirab…

13 NCAC 07A .0716 HEARINGS (a) Order of Proceeding. Except as may be ordered otherwise by the presiding hearing officer, the party applying for a variance shall proceed first at a hearing. (b) Burden of Proof. The party applicant shall have the burden of proof. (c) Evidence (1) A…

13 NCAC 07A .0717 DECISIONS (a) Proposed Findings of Fact, Conclusions, and Rules or Orders. Within 10 days after receipt of notice that the transcript of the testimony has been filed, or such additional time as the presiding hearing officer may allow, each party may file with th…

13 NCAC 07A .0718 EXCEPTIONS Within 20 days after service of a decision of the Commissioner, any party may file written exceptions thereto with supporting reasons. Such exceptions shall refer to the specific findings of fact, conclusions of law, or terms of the rule or order exce…

SECTION .0800 - INFORMAL CONFERENCE PROCEDURES 13 NCAC 07A .0801 PURPOSE This Section sets forth the rules of procedure for implementation of G.S. 95-137(b)(1) regarding an employer's request for an informal conference following the issuance of a citation to that employer. Histor…

13 NCAC 07A .0802 TIME LIMITATIONS (a) An employer has 15 working days from receipt of a citation to notify the Director in writing that the employer wishes to either contest under the provisions of G.S. 95-137(b)(1) or request an informal conference. (b) The Director shall attem…

13 NCAC 07A .0803 PARTIES TO INFORMAL CONFERENCE In addition to any employer representatives and any OSHA personnel, employees represented by a bargaining agent shall be notified of the informal conference and invited to attend. Employees not represented by a bargaining agent sha…

13 NCAC 07A .0804 RESULTS OF INFORMAL CONFERENCE (a) The results of an informal conference shall be a revised citation, a notice of no change or a settlement agreement. (b) Any settlement agreement reached pursuant to the informal conference must specify that the employer agrees …

SECTION .0900 – ACCESS TO EMPLOYEE MEDICAL RECORDS 13 NCAC 07A .0901 SCOPE AND APPLICATION (a) The provisions of 29 CFR 1913.10 concerning OSH Division access to employee medical records do not apply. Rather, the rules in this Section apply to all requests by OSH Division personn…

13 NCAC 07A .0902 RESPONSIBLE PERSONS (a) The Commissioner is responsible for the overall administration and implementation of the procedures contained in the rules in this Section, including making the final determinations concerning: (1) Access to personally identifiable medica…

13 NCAC 07A .0903 SECURITY PROCEDURES; RETENTION AND DESTRUCTION OF RECORDS (a) All medical information obtained pursuant to an investigation that contains direct personal identifiers shall be separated from the rest of the investigation file and coded with a unique identifying n…

13 NCAC 07A .0904 INTRA-AGENCY USE AND TRANSFER (a) The Medical Records Administrator at each field location shall ensure that personally identifiable medical information is secured in accordance with the rules in this Section. (b) The Principal OSH Investigator, the Medical Reco…

13 NCAC 07A .0905 inter-agency transfer and public disclosure (a) Personally identifiable medical information shall not be transferred to another agency except as noted in Paragraph (c) of this Rule, or disclosed to the public (other than the affected employee or the original rec…

13 NCAC 07B .0111 COMPLAINTS BY EMPLOYEES History Note: Authority G.S. 95-130; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. July 1, 1988.

13 NCAC 07B .0119 FAILURE TO CORRECT A CITED VIOLATION History Note: Authority G.S. 95-138; Eff. February 1, 1976; Amended Eff. September 20, 1976; Readopted Eff. September 30, 1977; Repealed Eff. July 1, 1988.

13 NCAC 07B .0203 DEVELOPMENTAL SCHEDULE History Note: Authority G.S. 95-154; Eff. February 1, 1976; Amended Eff. September 20, 1976; Readopted Eff. September 30, 1977; Repealed Eff. July 1, 1988.

13 NCAC 07B .0317 STANDARD INDUSTRIAL CLASSIFICATION CODES History Note: Authority G.S. 95-131(a); 95-143; Eff. February 1, 1984; Repealed Eff. August 2, 1993.

SECTION .0400 - RULES OF PRACTICE FOR VARIANCES: LIMITATIONS: VARIATIONS: TOLERANCES AND EXEMPTIONS Editor's Note: 13 NCAC 7B .0401 - .0418 was recodified to 13 NCAC 7A .0701 - .0718 Eff. August 2, 1993.

SECTION .0700 - STATE ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH Editors's Note: 13 NCAC 7B .0701 - .0713 was recodified to 13 NCAC 7A .0501 - .0513 Eff. August 2, 1993.

SECTION .1000 - DISCLOSURE AND PUBLICITY 13 NCAC 07B .1001 DISCLOSURE History Note: Authority G.S; 95-129; 95-136(g); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Recodified to 13 NCAC 7A .0303 Eff. August 2, 1993.

13 NCAC 07B .1002 PUBLICITY ON ENFORCEMENT ACTIVITIES History Note: Authority G.S. 95-129; 95-136(g); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. August 2, 1993.

13 NCAC 07B .1003 RULES CONCERNING OSHA ACCESS TO EMPLOYEE MEDICAL RECORDS History Note: Authority G.S. 95-129; 95-136(g); Eff. October 13, 1980; Amended Eff. July 1, 1988; Repealed Eff. August 2, 1993.

13 NCAC 07B .1112 PENALTY ASSESSMENT WORKSHEETS History Note: Authority G.S. 95-136; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. October 13, 1980.

13 NCAC 07B .1113 POINT-OF-OPERATION INJURY REPORT History Note: Authority G.S. 95-136; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. August 2, 1993.

13 NCAC 07B .1114 SERIOUS VIOLATION EVALUATION History Note: Authority G.S. 95-136; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. October 13, 1980.

13 NCAC 07C .0103 AGRICULTURE History Note: Authority G.S. 95-131; Eff. March 24, 1976; Amended Eff. November 1, 1976; July 15, 1976; Readopted Eff. September 30, 1977; Amended Eff. July 30, 1987; July 13, 1981; December 14, 1978; August 28, 1978; Readopted Subparagraph (a)(12) E…

13 NCAC 07C .0104 FIELD SANITATION STANDARD History Note: Authority G.S. 95-131; Eff. July 30, 1987; Repealed Eff. August 2, 1993.

13 NCAC 07C .0107 LIFE SAFETY CODE History Note: Authority G.S. 95-131; Eff. April 1, 1992; Recodified to 13 NCAC 7F .0102 Eff. August 2, 1993.

SECTION .0200 - SHOPS FABRICATING STRUCTURAL STEEL AND STEEL PLATE Editor's Note: 13 NCAC 7C .0201 - .0226 was recodified to 13 NCAC 7F .0401 - .0426 Eff. August 2, 1993.

SECTION .0300 - FIELD SANITATION 13 NCAC 07C .0301 GENERAL REQUIREMENTS History Note: Filed as a Temporary Rule Eff. May 19, 1982, for a Period of 120 Days to Expire on September 16, 1982; Statutory Authority G.S. 95-131; Expired Eff. September 16, 1982.

13 NCAC 07C .0302 DEFINITIONS APPLICABLE TO THIS STANDARD History Note: Filed as a Temporary Rule Eff. May 19, 1982, for a Period of 120 Days to Expire on September 16, 1982; Statutory Authority G.S. 95-131; Expired Eff. September 16, 1982.

13 NCAC 07C .0303 DRINKING WATER History Note: Filed as a Temporary Rule Eff. May 19, 1982, for a Period of 120 Days to Expire on September 16, 1982; Statutory Authority G.S. 95-131; Expired Eff. September 16, 1982.

13 NCAC 07D .0406 LABORATORY PROVISIONS FOR CARCINOGENS History Note: Authority G.S. 95-136(g); Eff. December 12, 1977; Repealed Eff. August 2, 1993.

13 NCAC 07D .0407 COTTON DUST History Note: Authority G.S. 95-136(g); Eff. September 22, 1978; Amended Eff. February 6, 1979; October 13, 1978; Repealed Eff. August 2, 1993.

13 NCAC 07D .0408 LEAD History Note: Authority G.S. 95-131; Eff. March 20, 1979; Amended Eff. August 1, 1988; Repealed Eff. August 2, 1993.

13 NCAC 07D .0506 TRANSPORTATION OF EXPLOSIVES: PERSONNEL AND BLASTING CAPS History Note: Authority G.S. 95-136(g); Eff. November 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. August 2, 1993.

13 NCAC 07D .0605 EYE AND FACE PROTECTION History Note: Authority G.S. 95-136(g); Eff. November 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. April 11, 1979; Repealed Eff. August 2, 1993.

13 NCAC 07D .0606 FALL PROTECTION History Note: Authority G.S. 95-136(g); Eff. May 4, 1977; Repealed Eff. August 2, 1993.

13 NCAC 07D .0703 TOILET FACILITIES IN LABOR CAMPS History Note: Authority G.S. 95-136(g); Eff. December 17, 1976; Readopted Eff. September 30, 1977; Repealed Eff. August 2, 1993.

13 NCAC 07D .0704 CONSUMPTION OF FOOD AND BEVERAGES IN HAZARDOUS AREAS History Note: Authority G.S. 95-131; Eff. March 27, 1979; Repealed Eff. August 2, 1993.