[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.150]

[Page 41-42]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1952--APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS--Table of Contents
 
                        Subpart I--North Carolina
 
Sec. 1952.150  Description of the plan as initially approved.


    (a) The Department of Labor has been designated by the Governor of 
North Carolina to administer the plan throughout the State. The 
Department of Labor has entered into an agreement with the State Board 
of Health whereby the State Board of Health is to assist the Department 
of Labor in the administration and enforcement of occupational health 
standards. However, full authority for the promulgation and enforcement 
of occupational safety and health standards remains with the Department 
of Labor. The plan defines the covered occupational safety and health 
issues as defined by the Secretary of Labor in Sec. 1902.2(c)(1) of this 
chapter. Moreover, it is understood that the plan will cover all 
employers and employees in the State except those whose working 
conditions are not covered by the Federal act by virtue of section 
4(b)(1) thereof, dockside maritime and domestic workers. The Department 
of Labor is currently exercising statewide inspection authority to 
enforce many State standards. The plan describes procedures for the 
development and promulgation of additional laws, and orders in all 
places of employment in the State; the procedures for prompt restraint 
or elimination of imminent danger conditions; and procedures for 
inspections in response to complaints.
    (b) The plan includes proposed draft legislation to be considered by 
the North Carolina General Assembly during its 1973 session. Such 
legislation is designed to implement major portions of the plan and to 
bring it into conformity with the requirements of part 1902 of this 
chapter.
    (c) Under this legislation, all occupational safety and health 
standards and amendments thereto which have been promulgated by the 
Secretary of Labor, except those found in parts 1915, 1916, 1917, and 
1918 of this chapter (ship repairing, shipbuilding, shipbreaking, and 
longshoring) will be adopted upon ratification of the proposed 
legislation. Enforcement of such standards will take place 90 days 
thereafter.
    (d) The legislation will give the Department of Labor full authority 
to administer and enforce all laws, rules and orders protecting employee 
safety and health in all places of employment in the State. It also 
proposes to bring the plan into conformity in procedures for providing 
prompt and effective standards for the protection of employees against 
new and unforeseen hazards and for furnishing information to employees 
on hazards, precautions, symptoms, and emergency treatment; and 
procedures for variances.
    (e) The proposed legislation will insure employer and employee 
representatives an opportunity to accompany inspectors and to call 
attention to possible violations before, during, and after inspections; 
protection of employees against discharge or discrimination in terms and 
conditions of employment; notice to employees of their protections and 
obligations; adequate safeguards to protect trade secrets; prompt notice 
to employers and employees of alleged violations of standards and 
abatement requirements; effective sanctions against employers; and 
employer's right to review of alleged violations, abatement periods, and 
proposed penalties with opportunity for employee participation in the 
review proceedings.

[[Page 42]]

    (f) The Plan also provides for the development of a program to 
encourage voluntary compliance by employers and employees.
    (g) The Plan includes a statement of the Governor's support for the 
proposed legislation and a statement of legal opinion that it will meet 
the requirements of the Occupational Safety and Health Act of 1970, and 
is consistent with the constitution and laws of North Carolina. The Plan 
sets out goals and provides a timetable for bringing it into full 
conformity with part 1902 upon enactment of the proposed legislation by 
the State legislature.
    (h) The North Carolina Plan includes the following documents as of 
the date of approval:
    (1) The Plan description document with appendixes.
    (2) Telegram from the Governor of North Carolina, James E. 
Holshouser, Jr., expressing his full support for the Occupational Safety 
and Health Act of North Carolina and his anticipation of its passage 
during the 1973 session of the North Carolina General Assembly.
    (3) Letter from W. C. Creel, Commissioner, North Carolina Department 
of Labor, to Mr. Thomas C. Brown, Director, Federal and State 
Operations, clarifying several issues raised during the review process.
    (4) Also available for inspection and copying with the Plan 
documents will be the public comments received during the review 
process.

[38 FR 3042, Feb. 1, 1973, as amended at 51 FR 2488, Jan. 17, 1986]