N.C. Gen. Stat. § 95-126

Short title and legislative purpose

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 95 CornellLII Search CasesGoogle Scholar

(a) This Article shall be known as the "Occupational Safety and Health Act of North Carolina" and also may be referred to by abbreviations as "OSHANC."

(b) Legislative findings and purpose:

(1) The General Assembly finds that the burden of employers and employees of this State resulting from personal injuries and illnesses arising out of work situations is substantial; that the prevention of these injuries and illnesses is an important objective of the government of this State; that the greatest hope of attaining this objective lies in programs of research, education and enforcement, and in the earnest cooperation of the federal and State governments, employers and employees.

(2) The General Assembly of North Carolina declares it to be its purpose and policy through the exercise of its powers to ensure so far as possible every working man and woman in the State of North Carolina safe and healthful working conditions and to preserve our human resources:

a. By encouraging employers and employees in their effort to reduce the number of occupational safety and health hazards at the place of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;

b. By providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;

c. By authorizing the Commissioner to develop occupational safety and health standards applicable to business giving consideration to the needs of employers and employees and to adopt standards promulgated from time to time by the Secretary of Labor under the Occupational Safety and Health Act of 1970, and by creating a safety and health review commission for carrying out adjudicatory functions under this Article;

d. By building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;

e. By providing occupational health criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience;

f. By providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health;

g. By providing an effective enforcement program which shall include a prohibition against giving advance notice of an inspection and sanctions for any individual violating this prohibition;

h. By providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Article and accurately describe the nature of the occupational safety and health problem;

i. By encouraging joint employer-employee efforts to reduce injuries and diseases arising out of employment;

j. By providing for research in the field of occupational safety and health, by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;

k. By exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety;

l. By authorizing the Commissioner to enter into contracts with the Department of Health and Human Services, or any other State or local units, to the end the Commissioner and the Department of Health and Human Services and other State or local units may fully cooperate and carry out the ends and purposes of this Article.

m. The General Assembly of North Carolina appoints and elects the North Carolina Department of Labor as the designated agency to administer the Occupational Safety and Health Act of North Carolina. (1973, c. 295, s. 1; c. 476, s. 128; 1989, c. 727, s. 219(13); 1997-443, s. 11A.33; 2005-133, s. 2.)

 

Notes of Decisions
Cited in 20 cases (5 in the last 5 years), 1981–2025 · leading case: Woodson v. Rowland
Woodson v. Rowland (1991) nc · cites it 6× “N.C.G.S. § 95-126(b)(2) (1985). Other jurisdictions which have considered how egregious employer misconduct must be in order to justify a worker's civil recovery against the employer extraneous to workers' compensation statutes have reached different results.”
Pierce v. Atlantic Group, Inc. (2012) ncctapp · cites it 7× “Plaintiff filed a complaint alleging the following: In terminating Plaintiffs employment, Defendants violated the Retaliatory Employment Discrimination Act; Plaintiff was wrongfully discharged in violation of public policy and N.C. Gen. Stat. § 95-126 , et seq., which governs…”
Commissioner of Labor v. Weekley Homes, L.P. (2005) ncctapp · cites it 8× “Stat. § 95-131 (2003). OSHANC sets forth the rights and duties of employers including but not limited to the following provisions: (1) Each employer shall furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that are…”
Brooks v. McWhirter Grading Co., Inc. (1981) nc · cites it 4× “The purpose of our General Assembly in enacting the Occupational Safety and Health Act, G.S. §§ 95-126 to 95-160 (1981), like that of Congress, was “to assure so far as possible every working man and woman .”
Isenhour v. Hutto (1999) nc · cites it 3× “Plaintiffs alleged defendants had a duty under the Occupational Safety and Health Act of North Carolina (OSHANC), N.C.G.S. §§ 95-126 to -155 (1993) (amended 1997), to inspect the plant and, therefore, their alleged failure to inspect until after the fire constituted a breach of…”
Bigelow v. Town of Chapel Hill (2013) ncctapp · cites it 2× “By encouraging joint employer-employee efforts to reduce injuries and diseases arising out of employment; N.C. Gen. Stat. § 95-126 (2) (2011). “The primary purpose of both the federal and state provisions prohibiting retaliatory discrimination is to ensure that employees are not…”
Barrino v. Radiator Specialty Co. (1986) nc · cites it 4× “We should not permit an employer to assume that no marter how egregious and deliberate his misconduct, the Workers’ Compensation Act will allow him statutory immunity.”
Hogan v. Forsyth Country Club Co. (1986) ncctapp “He contended that his discharge violated public policy as promulgated in G.S. 95-126, the Occupational Safety and Health Act of North Carolina.”
Brown v. Sears Automotive Center (2002) ncmd · cites it 2× “To that end, REDA prohibits any retaliatory discrimination against an employee who files a complaint or initiates an inquiry under certain North Carolina statutes, including the Occupational Safety and Health Act of North Carolina (“OSHANC”), N.C. Gen. Stat. § 95-126 et seq. 8…”
Walker v. Westinghouse Electric Corp. (1985) ncctapp “*263 Here plaintiff cites provisions of the Occupational Safety and Health Act of North Carolina, G.S. 95-126, that recognize employees’ responsibility to help achieve safe working conditions and the role of employee initiative in safety matters.”
Dawkins Ex Rel. Estate of Dawkins v. United States (2002) ncmd · cites it 2× “Third, the federal government does not even monitor North Carolina businesses for compliance with OSHA.”
Brooks v. Stroh Brewery Co. (1989) ncctapp “The Occupational Safety and Health Act of North Carolina, G.S. 95-126 et seq., is closely patterned after the Federal Occupational Safety and Health Act of 1970 (OSHA), 29 U.”
— N.C. Gen. Stat. § 95-126(2) — 1 case
Brooks v. McWhirter Grading Co., Inc. (1981) nc “The purpose of our General Assembly in enacting the Occupational Safety and Health Act, G.S. §§ 95-126 to 95-160 (1981), like that of Congress, was “to assure so far as possible every working man and woman .”
— N.C. Gen. Stat. § 95-126(b)(2) — 3 cases
Woodson v. Rowland (1991) nc “N.C.G.S. § 95-126(b)(2) (1985). Other jurisdictions which have considered how egregious employer misconduct must be in order to justify a worker's civil recovery against the employer extraneous to workers' compensation statutes have reached different results.”
Barrino v. Radiator Specialty Co. (1986) nc “We should not permit an employer to assume that no marter how egregious and deliberate his misconduct, the Workers’ Compensation Act will allow him statutory immunity.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.