North Carolina Administrative Code

SECTION .0300 - BREATH ALCOHOL TEST REGULATIONS 10A NCAC 41B .0301 APPLICATION FOR INITIAL PERMIT (a) Application for an initial permit to perform chemical analysis of a person's breath to determine his alcohol concentration shall be made in writing to the Director. The applicant…

10A NCAC 41B .0302 LIMITATION OF PERMIT (a) Permits shall be limited in scope to the methods or instruments for performing chemical analyses in which the individual applying for a permit has demonstrated competence. This limitation shall be upon the basis of the methods or instru…

10A NCAC 41B .0303 RENEWAL OF PERMIT The Director shall issue, deny, terminate, and revoke renewal permits for individuals to perform chemical analyses. Where there is a question on the need for a permit, the Director may require the individual to submit a written application for…

10A NCAC 41B .0304 CONDITIONS FOR RENEWAL OF PERMIT (a) Permits may be renewed at expiration, or at such time prior to expiration as is convenient for the Director, upon demonstration by the permittee of: (1) continuing ability to perform accurate and reliable chemical analyses; …

10A NCAC 41B .0305 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41B .0306 TESTING OF EQUIPMENT The Director or his representative shall have the authority to verify periodically the condition of all breath-testing instruments used by permittees. History Note: Authority G.S. 20-139.1(b); Eff. January 1, 1982; Pursuant to G.S. 150B-21.…

10A NCAC 41B .0307 EVALUATION OF PERMITTEES The Director or his representative may at any time examine permittees to determine their continuing ability to perform accurate and reliable chemical analyses. History Note: Authority G.S. 20-139.1(b); Eff. January 1, 1982; Pursuant to …

10A NCAC 41B .0308 REVOCATION OF PERMIT (a) If the Director receives unfavorable information concerning the character or ability of any permittee, he shall direct an investigation to be made. If the Director determines, after investigation, that the permittee would no longer be e…

10A NCAC 41B .0309 QUALIFICATIONS OF MAINTENANCE PERSONNEL History Note: Authority; G.S. 20-139.1(b2); Eff. January 1, 1982; Amended Eff. October 1, 1993; April 1, 1992; September 1, 1990; September 1, 1989; Repealed Eff. May 1, 2007.

10A NCAC 41B .0310 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41B .0311 LOG History Note: Authority G.S. 20-16.5(j); 20-139.1(b); Eff. January 1, 1982; Amended Eff. April 1, 1992; October 1, 1990; Repealed Eff. November 1, 2007.

10A NCAC 41B .0312 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41B .0313 BREATH-TESTING INSTRUMENTS: REPORTING OF SEQUENTIAL TESTS The Department approves breath-testing instruments listed on the National Highway Traffic Safety Administration, Conforming Products List of Evidential Breath Measurement Devices. Instruments are approve…

10A NCAC 41B .0314 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41B .0315 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41B .0316 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41B .0317 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41B .0319 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41B .0319 RESERVED FOR FUTURE CODIFICATION

10a ncac 41b .0322 INTOXIMETERS: MODEL INTOX EC/IR II and model intoX ec/ir ii (ENHANCED WITH SERIAL NUMBER 10,000 OR HIGHER) The following operational procedures shall be followed when administering a test using the Intoximeters, Model Intox EC/IR II and Model Intox EC/IR II (En…

10A NCAC 41B .0323 PREVENTIVE MAINTENANCE: INTOXIMETERS: MODEL INTOX EC/IR II and model intox ec/ir ii (enhanced with serial number 10,000 or higher) The preventive maintenance procedures for the Intoximeters, Model Intox EC/IR II and Model Intox EC/IR II (Enhanced with serial nu…

SECTION .0400 - CONTROLLED DRINKING PROGRAMS 10A NCAC 41B .0401 APPLICATION OF REGULATIONS (a) The regulations of this Section apply to the handling of alcoholic beverages in connection with one or a series of controlled-drinking programs when any aspect of the handling would not…

10A NCAC 41B .0402 AUTHORIZATION (a) Any person may conduct a controlled-drinking program without special authorization from the Director if such program is either under the supervision of a public agency or institution or presented with the participation of a public employee pos…

10A NCAC 41B .0403 HANDLING ALCOHOLIC BEVERAGES (a) Alcoholic beverage intended for use in a controlled-drinking program authorized under these regulations shall be procured from alcoholic beverage control stores, from the North Carolina Alcoholic Beverage Control Commission, or …

10A NCAC 41B .0404 QUANTITY LIMITS Any person handling alcoholic beverages in a manner consonant with the bona fide objectives of an authorized controlled-drinking program may possess and transport such alcoholic beverage wherever necessary or desirable in furtherance of the obje…

10A NCAC 41B .0405 EXCESS OF QUANTITIES (a) Any person responsible for the handling of alcoholic beverages in connection with an authorized controlled-drinking program may procure, possess, and transport alcoholic beverages in excess of the quantities allowed by Rule .0404 of thi…

10A NCAC 41B .0406 RESTRICTED USE OF ALCOHOLIC BEVERAGES (a) When not being used, all alcoholic beverages shall be stored in a safe place, if possible under lock and key. (b) Alcoholic beverages procured for use in a controlled-drinking program shall be used only for this purpose…

10A NCAC 41B .0407 RECORDS (a) Any person, agency, or institution acquiring alcoholic beverages for use in a controlled-drinking program pursuant to these Rules shall keep records accounting for the disposition of all alcoholic beverages so acquired. Such records shall be made av…

SECTION .0500 - ALCOHOL SCREENING TEST DEVICES 10A NCAC 41B .0501 SCREENING TESTS FOR ALCOHOL CONCENTRATION (a) This Section governs the requirement of G.S. 20-16.3 that the Department examine devices suitable for use by law enforcement officers in making on-the-scene tests of dr…

10A NCAC 41B .0502 APPROVAL: ALCOHOL SCREENING TEST DEVICES: USE (a) Alcohol screening test devices that measure alcohol concentration through testing the breath of individuals are approved on the basis of results of evaluations by the Forensic Tests for Alcohol Branch. Devices s…

10A NCAC 41B .0503 APPROVED ALCOHOL SCREENING TEST DEVICES: CALIBRATION (a) The following breath alcohol screening test devices are approved as to type and make: (1) ALCO-SENSOR (with two-digit display), manufactured by Intoximeters, Inc. (2) ALCO-SENSOR III (with three-digit dis…

SUBCHAPTER 41C - OCCUPATIONAL HEALTH SECTION .0100 - GENERAL 10A NCAC 41C .0101 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0102 ACTIVITIES (a) The Occupational Health Section shall conduct programs to help obtain a safe and healthy workplace. The activities shall include at least the following: (1) support the North Carolina Industrial Commission in meeting the legislative mandate assig…

SECTION .0200 - DUSTY TRADES PROGRAM 10A NCAC 41C .0201 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0202 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0203 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0204 ADVISORY MEDICAL COMMITTEE History Note: Authority G.S. 97-69; 97-73; 130A-5(3); Eff. September 15, 1980; Amended Eff. February 1, 1990; December 1, 1980; Expired Eff. March 1, 2019 pursuant to G.S. 150B-21.3A.

10A NCAC 41C .0205 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0206 FEES FOR MEDICAL EXAMS IN DUSTY TRADES History Note: Authority G.S. 97-72(b); Temporary Adoption Eff. January 8, 1992 for a Period of 180 Days to Expire on July 5, 1992; Eff. March 2, 1992; Temporary Amendment Eff. February 10, 1998; Amended Eff. April 1, 1999;…

SECTION .0300 - INDUSTRIAL HYGIENE CONSULTATION PROGRAM 10A NCAC 41C .0301 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0302 SURVEYS (a) The Occupational Health Section shall conduct consultative industrial hygiene surveys in the workplace. Such surveys shall include the following elements: (1) An on-site survey of the potential health problem; (2) Air samples with submission to the …

10A NCAC 41C .0303 POTENTIAL HEALTH HAZARDS The industrial hygiene consultative staff may evaluate existing controls of potential industrial health hazards and may recommend improvements upon request by the industry. History Note: Authority G.S. 130A-5(3); Eff. September 15, 1980…

10A NCAC 41C .0304 TRAINING AND TECHNICAL ASSISTANCE History Note: Authority G.S. 130A-5(3); Eff. September 15, 1980; Repealed Eff. January 1, 2021.

10A NCAC 41C .0305 RESEARCH The industrial hygiene consultative staff may conduct research, such as epidemiological studies concerning diseases that arise in and out of the work environment during the course of employment. History Note: Authority G.S. 130A-5(3); Eff. September 15…

10A NCAC 41C .0306 FEE TO COVER TRANSPORTATION COSTS Employers who voluntarily request industrial hygiene consultation services or occupational consultation services from the Occupational Health Section shall be charged a fee of two hundred dollars ($200.00) per on-site inspectio…

SECTION .0400 - OCCUPATIONAL HEALTH NURSING CONSULTATION PROGRAM 10A NCAC 41C .0401 PURPOSE The occupational health nursing consultation program shall provide occupational health nursing consultation to industries, academia, health care and related agencies and affiliated profess…

10A NCAC 41C .0402 ACTIVITIES The responsibilities of the occupational health nursing consultant shall include at least the following: (1) answering requests from private firms or state and local governments expressing interest in initiating, providing or improving occupational h…

SECTION .0500 - RESERVED FOR FUTURE CODIFICATION

SECTION .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM 10A NCAC 41C .0601 GENERAL (a) The definitions contained in G.S. 130A-444 and the following definitions shall apply throughout this Section: (1) "Abatement Designer" means a person who is responsible for planning all phases of an…

10A NCAC 41C .0602 ACCREDITATION (a) No person shall perform asbestos management activities until that person has been accredited by the Program in the appropriate accreditation category, as set forth in Paragraphs (b) and (c) of this Rule, except as provided for in G.S. 130A-447…