(a) All occupational safety and health standards promulgated under the federal act by the Secretary, and any modifications, revision, amendments or revocations in accordance with the authority conferred by the federal act or any other federal act or agency relating to safety and health and adopted by the Secretary, 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 as required by the federal act and standards and regulations heretofore referred to and as provided by the Occupational Safety and Health Act of 1970. Chapter 150B of the General Statutes governs the adoption of rules by the Commissioner.
(b), (c) Repealed by Session Laws 1991, c. 418, s. 8.
(d) Rules adopted under this section shall provide insofar as possible the highest degree of safety and health protection for employees; other considerations shall be the latest available scientific data in the field, the feasibility of the standard, and experience gained under this and other health and safety laws. Whenever practical the standards established in a rule shall be expressed in terms of objective criteria and of the performance desired. In establishing standards dealing with toxic materials or harmful physical agents, the Commissioner, after consultation and recommendations of the Department of Health and Human Services, shall set a standard which most adequately assures, to the extent possible, on the basis of the most available evidence that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life.
(e) The Commissioner may not adopt State standards, for products distributed or used in interstate commerce, which are different from federal standards for such products unless the adoption of such State standard, or standards, is required by compelling local conditions and does not unduly burden interstate commerce.
(f) Repealed by Session Laws 1991, c. 418, s. 8.
(g) Any rule, regulation, scope, or standard for agricultural employers adopted or promulgated prior to July 12, 1988, that differs from the federal rule, regulation, scope, or standard is repealed effective September 1, 1989, unless readopted pursuant to Chapter 150B of the General Statutes. (1973, c. 295, s. 6; c. 476, s. 128; 1975, 2nd Sess., c. 983, s. 81; 1987, c. 285, s. 17; 1987 (Reg. Sess., 1988), c. 1111, ss. 7, 8; 1989, c. 727, s. 219(14); 1991, c. 418, s. 8; 1997-443, s. 11A.34.)
Notes of Decisions
Comm'r of Labor v. Weekley Homes, L.P., 609 S.E.2d 407 (N.C. Ct. App. 2005).
· cites it 4× “N.C. Gen. 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…”
Brown v. Kroger Co., 610 S.E.2d 447 (N.C. Ct. App. 2005).
· cites it 6× “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 .”
Carroll v. Town of Ayden, 586 S.E.2d 822 (N.C. Ct. App. 2003).
· cites it 4× “See N.C. Gen.Stat. §§ 95-131, 95-138 and 95-139.”
Sloan v. Miller Bldg. Corp., 458 S.E.2d 30 (N.C. Ct. App. 1995).
· cites it 2× “Pursuant to the regulatory adoption procedure in N.C. Gen. Stat. § 95-131 (a), all federal occupational safety and health standards constitute the regulatory standard in North Carolina, unless alternative regulations are promulgated by the North Carolina Commissioner of Labor.”
Brooks v. McWhirter Grading Co., Inc., 281 S.E.2d 24 (N.C. 1981).
“The federal occupational safety and health standards, Part 1926 of Title 29 of the Code of Federal Regulations, have been adopted in this state pursuant to G.S. 95-131 (1981). 2 . Review of a hearing examiner’s decision by the Board is provided for by G.”
Wise v. Alcoa, Inc., 752 S.E.2d 172 (N.C. Ct. App. 2013).
· cites it 2× “N.C. Gen. Stat. § 95-131 (2011). However, the C.”
O. S. Steel Erectors v. Brooks, 353 S.E.2d 869 (N.C. Ct. App. 1987).
“104, federal regulations adopted as a part *633 of the state regulatory scheme pursuant to G.S. 95-131(a). The regulations require all workers who are working over twenty-five feet above the ground to wear safety belts with a lifeline, if safety nets are not provided.”
Brooks v. Butler, 321 S.E.2d 440 (N.C. Ct. App. 1984).
“Under the federal Occupational Health and Safety Act (hereinafter OSHA), North Carolina is permitted to administer and operate its own plan under federal supervision.”
Prevette v. Clark Equip. Co., 302 S.E.2d 639 (N.C. Ct. App. 1983).
“” Pursuant to the adoption procedure in G.S. 95-131(a), all federal occupational safety and health standards also constitute the standards in this State, unless alternative regulations are promulgated by the Commissioner of Labor.”
Pike v. D.A. Fiore Constr. Servs., Inc., 689 S.E.2d 535 (N.C. Ct. App. 2009).
· cites it 2× “2d at 290 ; see also N.C. Gen. Stat. § 95-131 (a) (2007) (adopting federal OSHA regulations as the rules of the North Carolina Commissioner of Labor).”
Tinch v. Video Indus. Servs., Inc., 497 S.E.2d 295 (N.C. Ct. App. 1998).
· cites it 2× “Though Lindsay testified the subject winch vio *76 lated various federal OSHA regulations, which are adopted as the rules of this State through N.C. Gen. Stat. § 95-131 (a) (1993 & Cum.”
— N.C. Gen. Stat. § 95-131(a) — 2 cases
O. S. Steel Erectors v. Brooks, 353 S.E.2d 869 (N.C. Ct. App. 1987).
“104, federal regulations adopted as a part *633 of the state regulatory scheme pursuant to G.S. 95-131(a). The regulations require all workers who are working over twenty-five feet above the ground to wear safety belts with a lifeline, if safety nets are not provided.”
Prevette v. Clark Equip. Co., 302 S.E.2d 639 (N.C. Ct. App. 1983).
“” Pursuant to the adoption procedure in G.S. 95-131(a), all federal occupational safety and health standards also constitute the standards in this State, unless alternative regulations are promulgated by the Commissioner of Labor.”
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