[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.150]

[Page 41-43]
 
                             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

[[Page 42]]

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.
    (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,

[[Page 43]]

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]