NC General Statutes

N.C. Gen. Stat. § 95-128 (2026)

Coverage

✓ current as of July 2026

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The provisions of this Article or any standard or regulation promulgated pursuant to this Article shall apply to all employers and employees except:

(1) The federal government, including its departments, agencies and instrumentalities;

(2) Employees whose safety and health are subject to protection under the Atomic Energy Act of 1954, as amended;

(3) Employees whose safety and health are subject to protection under the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. 801) and the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. 725), or Subtitle V of Title 49 of the United States Code;

(4) Railroad employees whose safety and health are subject to protection under Subtitle V of Title 49 of the United States Code;

(5) Employees engaged in all maritime operations;

(6) Employees whose employer is within that class and type of employment which does not permit federal funding, on a matching basis, to the State in return of State enforcement of all occupational safety and health issues. (1973, c. 295, s. 3; 1998-217, s. 27.)

Notes of Decisions

Cited in 2 cases, 1994–2015 · leading case: Charles Lee v. Norfolk S. Ry. Co., 802 F.3d 626 (4th Cir. 2015).

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Charles Lee v. Norfolk S. Ry. Co., 802 F.3d 626 (4th Cir. 2015). “N.C. Gen.Stat. §§ 95-128; 95-241. 6 Congress’s addition of subsection (h) in 2007 further supports a narrow interpretation of the Election of Remedies provision.”

Brooks v. N.C. Dep't of Transp., 443 S.E.2d 897 (N.C. Ct. App. 1994). · cites it 2× “N.C. Gen. Stat. § 95-128 . According to G.”

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