N.C. Gen. Stat. § 95-129

Rights and duties of employers

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Rights and duties of employers shall include but are 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 causing or are likely to cause death or serious injury or serious physical harm to his employees;

(2) Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this Article;

(3) Each employer shall refrain from any unreasonable restraint on the right of the Commissioner or Director, or their lawfully appointed agents, to inspect the employer's place of business. Each employer shall assist the Commissioner, the Director or the lawful agents of either or both of them, in the performance of their inspection duties by supplying or by making available information, any necessary personnel or necessary inspection aides;

(4) Any employer, or association of employers, is entitled to participate in the development of standards by submission of comments on proposed standards, participation in hearings on proposed standards, or by requesting the development of standards on a given issue under G.S. 95-131;

(5) Any employer is entitled, under G.S. 95-137, to review of any citation issued because of his alleged violation of any standard promulgated under this Article, or the length of the abatement period allowed for the correction of an alleged violation;

(6) Any employer is entitled, under G.S. 95-137, to a review of  any penalty in the form of civil damages assessed against him because of his alleged violation of this Article;

(7) Any employer is entitled, under G.S. 95-132, to seek an order granting a variance from any occupational safety or health standard;

(8) Any employer is entitled, under G.S. 95-152, to protection of his trade secrets and other legally privileged communications. (1973, c. 295, s. 4.)

 

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1979–2025 · leading case: Commissioner of Labor v. Weekley Homes, L.P.
Commissioner of Labor v. Weekley Homes, L.P. (2005) ncctapp · cites it 15× “N.C. Gen. Stat. § 95-129 (1) and (2) (2003).”
Lennie v. Profile Products, LLC (2007) nc · cites it 6× “, N.C.G.S. § 95-129(1)-(2) (2005). Finally, while plaintiffs assert that Terra-Mulch is a wholly-owned subsidiary of Profile, this matter does not affect our analysis.”
Brooks v. Rebarco, Inc. (1988) ncctapp · cites it 7× “Whether the Board properly interpreted the phrase “recognized hazard” as that phrase is used in G.S. 95-129(1) 2. Whether there is substantial evidence in view of the entire record .”
Powell v. S & G PRESTRESS CO. (1994) ncctapp · cites it 8× “After the incident, the worksite was cited by the North Carolina Department of Labor pursuant to N.C. Gen. Stat. § 95-129 (1) for failing to protect employees working in close proximity to straddle cranes and for permitting crane operators to work without meeting minimum…”
Brown v. Kroger Co. (2005) ncctapp · cites it 5× “shall be adopted as the rules of the Commissioner of this State unless the Commissioner decides to adopt an alternative State rule as effective as the federal requirement and providing safe and healthful employment in places of employment .”
Spaulding v. Honeywell International, Inc. (2007) ncctapp · cites it 2× “See N.C. Gen. Stat. § 95-129 (1) and (2) (2005) (“Each employer shall furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or serious physical harm to his…”
Rose v. Isenhour Brick & Tile Co., Inc. (1996) nc · cites it 3× “212(a)(3)(h) and of N.C.G.S. § 95-129(1). The OSHA investigator concluded in her report that the causal factors of Rose’s death were the “improper use of machine controls (not operating machine according to manufacturer[’]s design) and lack of machine guards or guarding devices.”
Edwards v. GE LIGHTING SYSTEMS, INC. (2009) ncctapp · cites it 2× “See also N.C. Gen. Stat. § 95-129 (1) & (2) (2007).”
Shreve v. Duke Power Co. (1987) ncctapp · cites it 2× “G.S. § 95-129 provides that employers shall furnish to their employees “a place of employment free from recognized hazards.”
Tise v. Yates Const. Co., Inc. (1996) ncctapp · cites it 2× “2(e), and the requirement imposed by G.S. § 95-129(1) that the City furnish to each of its employees “a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or serious physical harm to [its] employees,” create no…”
Murrill v. Choice Hotels Int'l, Inc. (2019) nced · cites it 2× “(citing N.C. Gen. Stat. § 95-129 (1) - (2) ). As such, where plaintiff has asserted that defendant was engaged in "conducting [EconoLodge's] business," the exclusivity provisions of the North Carolina Workers' Compensation Act bar plaintiff's negligence claims, on a direct…”
Dawkins Ex Rel. Estate of Dawkins v. United States (2002) ncmd · cites it 2× “9 N.C. Gen.Stat. § 95-129 (“Each employer shall furnish .”
— N.C. Gen. Stat. § 95-129(1) — 7 cases
Brooks v. Rebarco, Inc. (1988) ncctapp “Whether the Board properly interpreted the phrase “recognized hazard” as that phrase is used in G.S. 95-129(1) 2. Whether there is substantial evidence in view of the entire record .”
Lennie v. Profile Products, LLC (2007) nc “, N.C.G.S. § 95-129(1)-(2) (2005). Finally, while plaintiffs assert that Terra-Mulch is a wholly-owned subsidiary of Profile, this matter does not affect our analysis.”
Powell v. S & G PRESTRESS CO. (1994) ncctapp “After the incident, the worksite was cited by the North Carolina Department of Labor pursuant to N.C. Gen. Stat. § 95-129 (1) for failing to protect employees working in close proximity to straddle cranes and for permitting crane operators to work without meeting minimum…”
Rose v. Isenhour Brick & Tile Co., Inc. (1996) nc “212(a)(3)(h) and of N.C.G.S. § 95-129(1). The OSHA investigator concluded in her report that the causal factors of Rose’s death were the “improper use of machine controls (not operating machine according to manufacturer[’]s design) and lack of machine guards or guarding devices.”
Tise v. Yates Const. Co., Inc. (1996) ncctapp “2(e), and the requirement imposed by G.S. § 95-129(1) that the City furnish to each of its employees “a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or serious physical harm to [its] employees,” create no…”
— N.C. Gen. Stat. § 95-129(2) — 3 cases
Commissioner of Labor v. Weekley Homes, L.P. (2005) ncctapp “N.C. Gen. Stat. § 95-129 (1) and (2) (2003).”
Brown v. Kroger Co. (2005) ncctapp “shall be adopted as the rules of the Commissioner of this State unless the Commissioner decides to adopt an alternative State rule as effective as the federal requirement and providing safe and healthful employment in places of employment .”
— N.C. Gen. Stat. § 95-129(3) — 1 case
Gooden v. Brooks (1979) ncctapp
— N.C. Gen. Stat. § 95-129(l) — 1 case
Lennie v. Profile Products, LLC (2007) nc “, N.C.G.S. § 95-129(1)-(2) (2005). Finally, while plaintiffs assert that Terra-Mulch is a wholly-owned subsidiary of Profile, this matter does not affect our analysis.”
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