Overview

• Initial Approval: February 1, 1973 (38 FR 3042)
• State Plan Certification: October 5, 1976 (41 FR 43897)
• 18(e) Final Approval: December 18, 1996 (61 FR 66601); amended on June 9, 2000 (65 FR 36621) and October 19, 2000 (65 FR 62612)

The North Carolina Occupational Safety and Health (NC OSH) Division is part of the North Carolina Department of Labor which is headed by the Commissioner. The main office is located in Raleigh.

Coverage

The NC OSH Division covers private sector workplaces in the state with the exception of:

1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
2. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
3. Employment on Indian reservations;
4. Enforcement relating to any contractors or subcontractors on any federal establishment where the land has been ceded to the federal government;
5. Railroad employment, not otherwise regulated by another federal agency;
6. Enforcement on military bases;
7. The American National Red Cross

In addition, any hazard, industry, geographical area, operation or facility over which the North Carolina State Plan is unable to effectively exercise jurisdiction for reasons which OSHA determines are not related to the required performance or structure of the plan will be determined to be an issue not covered by the State Plan which has received final approval and covered by federal enforcement. The North Carolina State Plan does not cover federal government employers including USPS. Federal OSHA covers the issues not covered by the North Carolina State Plan. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. NC OSH also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the North Carolina State Plan is included in the Code of Federal Regulations at 29 CFR 1952.5. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards

The NC OSH Division has adopted all OSHA standards except that it has unique standards in the following areas:

General Industry

• Electric Power Generation, Transmission, and Distribution
• Hazardous Waste Operations and Emergency Response
• Communication Towers

Construction

• Personal Protective Equipment and Life-Saving Equipment
• Steel Erection
• Bloodborne Pathogens
• Communication Towers
• Blasting and Use of Explosives
• Non-Ionizing Radiation

Agriculture

• Field Sanitation

Enforcement Programs

The NC OSH Division is responsible for the enforcement of occupational safety and health standards. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of standards are found. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, and worker complaints or referrals. More information on enforcement can be found on the North Carolina State Plan website.

Voluntary and Cooperative Programs

The North Carolina State Plan offers voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities. The NC OSH Division also offers on-site consultation services which help employers – both state and local government and private sector – comply with NC State Plan and OSHA standards and identify and correct potential safety and health hazards. For more information on these programs, please visit the North Carolina State Plan website.

Informal Conferences and Appeals

The NC OSH Division conducts informal conferences in an effort to resolve contested cases. When a citation is contested, the case is reviewed by the North Carolina Occupational Safety and Health Review Commission. For more information on these proceedings, please visit the North Carolina State Plan website.