Bill Text: NC H374 | 2017-2018 | Regular Session | Introduced
Bill Title: Regulatory Reform Act of 2018
Spectrum: Partisan Bill (Republican 8-0)
Status: (Passed) 2018-06-27 - Ch. SL 2018-114 [H374 Detail]
Download: North_Carolina-2017-H374-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H D
HOUSE BILL DRH40228-LR-60 (03/02)
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Short Title: 2017 DOL Technical Changes.-AB |
(Public) |
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Sponsors: |
Representatives McElraft, Howard, Johnson, and Hurley (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT making technical, conforming, and other changes to the Labor LAws of North Carolina.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 95‑25.5(a) reads as rewritten:
"(a) No youth under 18
years of age shall be employed by any employer in any occupation without a
youth employment certificate unless specifically exempted. The Commissioner of
Labor shall prescribe regulations for youths and employers concerning the
issuance, maintenance and revocation of certificates. Certificates will be issued,
subject to review by the Department of Labor, by county directors of social
services and such of their designees as are approved by the Commissioner; provided,
the Commissioner may also issue certificates, issued by the
Commissioner, both directly and electronically."
SECTION 2. G.S. 95‑117(4) reads as rewritten:
"(4) "Passenger
tramway" means a Passenger tramway. – A device used to
transport passengers uphill on skis, or in cars on tracks, or suspended in the
air by the use of steel cables, chains or belts, or by ropes, and usually
supported by trestles or towers with one or more spans. "Passenger
tramway" shall include The term includes any of the following
devices:
a. "Chairlift,"
a Chairlift. – A type of transportation on which passengers are
carried on chairs suspended in the air and attached to a moving cable, chain or
link belt supported by trestles or towers with one or more spans, or similar devices;devices.
a1. "Conveyor," a
Conveyor. – A type of transportation on which passengers are
transported uphill on a flexible moving element (conveyor belt) that travels
uphill on one path and generally returns underneath the uphill portion.
a2. Funicular. – A system in which passengers are transported in or on carriers that are supported and guided by a level or inclined guideway and propelled by means of a haul rope or other flexible element that is driven by a power unit remaining essentially at a single location.
a3. Gondola. – An enclosed cabin attached to a cable that mechanically transports people or cargo.
b. "J bar, T bar or
platter pull, so‑called and similar types of devices or means of
transportation J bar, T bar, or platter pull. – Devices which pull
skiers riding on skis by means of an attachment to a main overhead cable
supported by trestles or towers with one or more spans;spans.
c. "Multicar aerial
passenger tramway," a Multicar aerial passenger tramway. – A device
used to transport passengers in several open or in closed cars attached to, and
suspended from, a moving wire rope or attached to a moving wire rope and
supported on a standing wire rope, or similar device;device.
d. "Rope tow,"
a Rope tow. – A type of transportation which pulls the skiers,
riding on skis as the skier grasps the rope manually, or similar devices;device.
e. "Skimobile,"
a Skimobile. – A device in which a passenger car running on steel or
wooden tracks is attached to and pulled by a steel cable, or similar device;device.
f. "Two‑car
aerial passenger tramway," a Two‑car aerial passenger
tramway. – A device used to transport passengers in two open or enclosed
cars attached to, and suspended from, a moving wire rope or attached to a
moving wire rope and supported on a standing wire rope or similar device."
SECTION 3. G.S. 95‑120(1) reads as rewritten:
"(1) To adopt, modify, or
revoke the rules necessary for carrying out the provisions of this Article,
including those governing the design, construction, installation, operation,
use, and maintenance of devices subject to the provisions of this Article. The
rules adopted under this section shall conform as nearly as possible to the
standards contained in the B77.1 – American National Standards Safety
Requirements for Aerial Passenger Tramways and with good engineering and safety
standards, formulas, and practices.Rules adopted under this subdivision
shall conform with good engineering and safety standards, formulas, and
practices."
SECTION 4. Article 15 of Chapter 95 of the General Statutes is amended by adding the following new sections to read:
"§ 95‑125.1. Operation of unsafe device.
No person shall operate, permit to be operated, or use any device subject to the provisions of this Article if the person knows or reasonably should know that the operation or use of the device will expose the public to an unsafe condition which is likely to result in personal injury or property damage.
"§ 95‑125.2. Reports required.
(a) The owner of any device regulated under the provisions of this Article, or the owner's authorized agent, shall, within 24 hours, notify the Commissioner of each and every occurrence involving the device when either of the following occurs:
(1) Death or injury requiring medical treatment, other than first aid, by a physician. For the purposes of this section, "first aid" means (i) the one‑time treatment or observation of scratches, cuts not requiring stitches, burns, splinters, or contusions or (ii) performing a diagnostic procedure, including examination and X rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed personnel.
(2) Damage to the device indicating a substantial defect in design, mechanics, structure, or equipment that affects the future safe operation of the device. No reporting is required in the case of normal wear and tear.
(b) The Commissioner, without delay, after notification and determination that an occurrence involving injury or damage as specified in subsection (a) of this section has occurred, shall make a complete and thorough investigation of the occurrence. The report of the investigation shall be placed on file in the office of the division and shall give in detail all facts and information available. The owner may submit for inclusion in the file results of investigations independent of the department's investigation.
(c) No person, after an occurrence specified in subsection (a) of this section, shall do either of the following:
(1) Operate, attempt to operate, use, or move or attempt to move such device or part thereof, without the approval of the Commissioner, unless so as to prevent injury to any person or persons.
(2) Remove or attempt to remove from the premises any damaged or undamaged part of such device or repair or attempt to repair any damaged part necessary to a complete and thorough investigation. The Department must initiate its investigation within 24 hours of being notified.
"§ 95‑125.3. Violations; civil penalties; appeal; criminal penalties.
(a) Any person who violates G.S. 95‑118 (Registration required; application procedures) is subject to a civil penalty not to exceed one thousand two hundred fifty dollars ($1,250) for each day each device is so operated or used.
(b) Any person who violates G.S. 95‑120.1 (Liability insurance) or G.S. 95‑125.2 (Reports required) is subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each day each device is so operated and used.
(c) Any person who violates G.S. 95‑125.1 (Operation of unsafe device) is subject to a civil penalty not to exceed five thousand dollars ($5,000) for each day each device is so operated and used.
(d) In determining the amount of any penalty ordered under authority of this section, the Commissioner shall give due consideration to the appropriateness of the penalty with respect to the annual gross volume of the person being charged, the gravity of the violation, the good faith of the person, and the record of previous violations.
(e) The Commissioner's determination of the amount of the penalty is final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the violation takes exception to the determination, in which event final determination of the penalty shall be made in an administrative proceeding pursuant to Chapter 150B of the General Statutes, the Administrative Procedures Act.
(f) The Commissioner may file in the office of the clerk of the superior court of the county wherein the person, against whom a civil penalty has been ordered, resides, or if a corporation is involved, in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed form, or of a final order of the Commissioner affirmed upon appeal. Upon such filing, the clerk of said court shall enter judgment in accordance with the final order and notify the parties. The judgment shall have the same effect, and all proceedings in relation to the judgment shall thereafter be the same, as though the judgment had been rendered in a suit duly heard and determined by the superior court of the General Court of Justice.
(g) Except as provided under subsection (h) of this section, any person who willfully violates any provision of this Article is guilty of a Class 2 misdemeanor, which may include a fine of not more than ten thousand dollars ($10,000); except that if the conviction is for a violation committed after a first conviction of the person, the person shall be guilty of a Class 1 misdemeanor, which may include a fine of not more than twenty thousand dollars ($20,000).
(h) Any person who willfully violates any provision of this Article and that violation causes the serious injury or death of any person, then the person is guilty of a Class E felony, which shall include a fine.
(i) Nothing in this section prevents any prosecuting officer of the State of North Carolina from proceeding against a person who violates this Article on a prosecution charging any degree of willful or culpable homicide."
SECTION 5. G.S. 95‑174 reads as rewritten:
(a) "Chemical
manufacturer" shall mean a manufacturing facility classified in
Standard Industrial Classification (SIC) Codes 20 through 39 North
American Industry Classification System (NAICS) Codes 31 through 33 where
chemicals are produced for use or distribution in North Carolina.
(b) "Chemical name"
shall mean means the scientific designation of a chemical in
accordance with the nomenclature system developed by the International Union of
Pure and Applied Chemistry (IUPAC), or the Chemical Abstracts Service (CAS)
rules of nomenclature or a name which will clearly identify the chemical for
the purpose of conducting a hazard evaluation.
(c) "Common name" shall
mean means any designation or identification such as a code name,
code number, trade name, brand name or generic name used to identify a chemical
other than by its chemical name.
(d) "Distributor" shall
mean means any business, other than a chemical manufacturer or
importer, which supplies hazardous chemicals to other distributors or to purchasers.
(e) "Employee" shall
mean means any person who is employed by an employer under normal
operating conditions.
(f) "Employer" means a person engaged in business who has employees, including the State and its political subdivisions but excluding an individual whose only employees are domestic workers or casual laborers who are hired to work at the individual's residence.
(g) "Facility" shall
mean means one or more establishments, factories, or buildings
located at one contiguous site in North Carolina.
(h) "Fire Chief" shall
mean means Fire Chief or Fire Marshall, or Emergency Response
Coordinator in the absence of a Fire Chief or Fire Marshall for the appropriate
local fire department.
(i) Repealed by Session Laws 1987, c. 489, s. 1.
(j) "Fire Department"
shall mean means the fire department having jurisdiction over the
facility.
(k) "Hazardous chemical"
shall mean means any element, chemical compound or mixture of
elements and/or compounds which is a physical hazard or health hazard as
defined in subsection (c) of the OSHNC Standard or a hazardous substance as
defined in standards adopted by the Occupational Safety and Health Division of
the North Carolina Department of Labor in Title 13, Chapter 7 of the North
Carolina Administrative Code (13 NCAC 7).
(l) "Hazardous
Substance List" shall mean means the list required by G.S. 95‑191.
(m) "Hazardous substance trade secret" means any formula, plan, pattern, device, process, production information, or compilation of information, which is not patented, which is known only to the employer, the employer's licensees, the employer's employees, and certain other individuals, and which is used or developed for use in the employer's business, and which gives the employer possessing it the opportunity to obtain a competitive advantage over businesses who do not possess it, or the secrecy of which is certified by an appropriate official of the federal government as necessary for national defense purposes. The chemical name and Chemical Abstracts Service number of a substance shall be considered a trade secret only if the employer can establish that the identity or composition of the substance cannot be readily ascertained without undue expense by analytical techniques, laboratory procedures, or other lawful means available to a competitor.
(n) "Label" shall
mean means any written, printed, or graphic material displayed on or
affixed to containers of hazardous chemicals.
(o) "Manufacturing
facility" shall mean means a facility classified in SIC
Codes 20 through 39 NAICS Code 31 through 33 which manufactures or
uses a hazardous chemical or chemicals in North Carolina.
(p) "Material Safety
"Safety Data Sheets" or "MSDS" shall mean "SDS"
means chemical information sheets adopted by the Occupational Safety and
Health Division of the North Carolina Department of Labor in Title 13, Chapter
7 of the North Carolina Administrative Code (13 NCAC 7).
(q) "Nonmanufacturing
facility" shall mean means any facility in North Carolina
other than a facility in SIC Code 20 through 39, NAICS Code 31
through 33, the State of North Carolina (and its political subdivisions)
and volunteer emergency service organizations whose members may be exposed to
chemical hazards during emergency situations.
(r) "OSHNC Standard"
shall mean means the current Hazard Communication Standard
adopted by the Occupational Safety and Health Division of North Carolina
Department of Labor in Title 13, Chapter 7 of the North Carolina Administrative
Code (13 NCAC 7).
(s) "Storage and
Container" shall have has the ordinary meaning however it
does not include pipes used in the transfer of substances or the fuel tanks of self
propelled self‑propelled internal combustion vehicles."
SECTION 6. G.S. 95‑191(a) reads as rewritten:
"(a) All employers who manufacture, process, use, store, or produce hazardous chemicals, shall compile and maintain a Hazardous Substance List which shall contain all of the following information for each hazardous chemical stored in the facility in quantities of 55 gallons or 500 pounds, whichever is greater:
(1) The chemical name or the
common name used on the MSDS SDS or container label;label.
(2) The maximum amount of the chemical stored at the facility at any time during a year, using the following ranges:
Class A,
which shall include includes quantities of less than 55 gallons
or 500 pounds;pounds.
Class B,
which shall include includes quantities of between 55 gallons to
550 gallons, and quantities of between 500 pounds and 5,000 pounds; andpounds.
Class C,
which shall include includes quantities of between 550 gallons
and 5500 gallons, and quantities between 5,000 pounds and 50,000 pounds; andpounds.
Class D,
which shall include includes quantities of greater than 5500
gallons or 50,000 pounds; andpounds.
(3) The area in the facility in which the hazardous chemical is normally stored and to what extent the chemical may be stored at altered temperature or pressure."
SECTION 7. G.S. 95‑192 reads as rewritten:
"§ 95‑192. Material safety Safety data sheets.
(a) Chemical manufacturers
and distributors shall provide material safety data sheets (MSDS's)(SDS's)
to manufacturing and nonmanufacturing purchasers of hazardous chemicals in
North Carolina for each hazardous chemical purchased.
(b) Employers shall maintain
the most current MSDS SDS received from manufacturers or
distributors for each hazardous chemical purchased. If an MSDS SDS has
not been provided by the manufacturer or distributor for chemicals on the
Hazardous Substance List at the time the chemicals are received at the
facility, the employer shall request one in writing from the manufacturer or
distributor within 30 days after receipt of the chemical. If the employer does
not receive an MSDS SDS within 30 days after his written request,
he shall notify the Commissioner of Labor of the failure by manufacturer or
distributor to provide the MSDS.SDS."
SECTION 8. G.S. 95‑194 reads as rewritten:
"§ 95‑194. Emergency information.
…
(d) Employers shall provide
to the Fire Chief, upon written request of the Fire Chief, a copy of the MSDS
SDS for any chemical on the Hazardous Substance List.
…
(f) The Fire Chief shall
make information from the Hazardous Substance List, the emergency response
plan, and MSDS's SDS's available to members of the Fire
Department having jurisdiction over the facility and to personnel responsible
for preplanning emergency response, police, medical or fire activities, but
shall not otherwise distribute or disclose (or allow the disclosure of)
information not available to the public under G.S. 95‑208. Such
persons receiving such information shall not disclose the information received
and shall use such information only for the purpose of preplanning emergency
response, police, medical or fire activities.
…."
SECTION 9. G.S. 95‑208 reads as rewritten:
"§ 95‑208. Community information on hazardous chemicals.
(a) Any person in North
Carolina may request in writing from the employer a list of chemicals used or
stored at the facility. The request shall include the name and address of the
person making the request and a statement of the purpose for the request. If
the person is requesting the list on behalf of or for the use of an
organization, partnership, or corporation, he shall also disclose the name and
business address of such organization, partnership, or corporation. The request
may include, at the option of the employer, a statement to the effect that the
information will be used only for the purpose stated. The employer shall
furnish to the person making the request a list containing, at a minimum, all
chemicals included on the Hazardous Substance List, the class of each chemical
as defined in G.S. 95‑191(a)(2), and an MSDS SDS for
each chemical for which an MSDS SDS is available and is
requested. Whenever an employer has withheld a chemical under the provisions of
G.S. 95‑197 from the information provided under G.S. 95‑208,
the employer must state that the information is being withheld and, upon
request, must provide the MSDS SDS for the chemical. Additional
information may be furnished to the person making the request at the option of
the employer. The employer shall provide, at a fee not to exceed the cost of
reproducing the materials, the materials requested within 10 working days of
the date the employer receives the written request for information.
(b) If the employer fails or
refuses to provide the information required under subsection (a) of this
section, the person requesting the information may request in writing that the
Commissioner of Labor review the request. The Commissioner of Labor may conduct
an investigation in the same manner as provided in G.S. 95‑195(b).
Following the investigation, the Commissioner shall make appropriate findings.
Either the employer or the person making the initial request may request an
administrative hearing pursuant to Chapter 150B of the General Statutes. This
request for an administrative hearing shall be submitted to the Commissioner of
Labor within 30 days following the Commissioner making his findings. The
Commissioner of Labor shall within 30 days of receiving the request hold an
administrative hearing to consider the request for information under subsection
(a) of this section. This hearing shall be held as provided for in G.S. Chapter
150B, Article 3. If the Commissioner of Labor finds that the request complies
with the requirements of subsection (a) of this section, the Commissioner of
Labor shall direct that the employer provide to the person making the request a
list containing, at a minimum, all chemicals used or stored at the facility
included on the Hazardous Substance List, the class of each chemical as defined
in G.S. 95‑191(a)(2), and an MSDS SDS for each
chemical for which an MSDS SDS is available and is requested and
may in his discretion assess civil penalties as provided in G.S. 95‑195(c);
provided that it shall be a defense to such disclosure if the employer proves
that the information has been requested directly or indirectly by, or in behalf
of, a competitor of the employer, or that such information is a Hazardous
Substance Trade Secret, or that the request did not comply with the
requirements of subsection (a) of this section.
(c) Any order by the Commissioner of Labor under subsection (b) of this section shall be subject to judicial review as provided under G.S. Chapter 150B, Article 4."
SECTION 10. G.S. 95‑216 reads as rewritten:
"§ 95‑216. Exemptions.
Notwithstanding any language to the contrary, the provisions of this Article shall not apply to chemicals in or on any of the following:
(1) Hazardous substances
while being transported in interstate commerce into or through this State;State.
(2) Products intended for
personal consumption by employees in the facilities;facilities.
(3) Retail food sale establishments
and all other retail trade establishments in Standard Industrial
Classification Codes 53 through 59, North American Industry
Classification System Codes 44 through 45, exclusive of processing and
repair areas, except that the employer must comply with the provisions of G.S. 95‑194(a)(i);G.S. 95‑194(a)(i).
(4) Any food, food additive,
color additive, drug or cosmetic as such terms are defined in the Federal Food,
Drug and Cosmetic Act (21 U.S.C. 301 et seq.);(21 U.S.C. § 301 et
seq.).
(5) A laboratory under the direct supervision or guidance of a technically qualified individual provided that:
a. Labels on containers of incoming chemicals shall not be removed or defaced;
b. MSDS's SDS's received
by the laboratory shall be maintained and made accessible to employees and
students;
c. The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes; and
d. The laboratory operator
complies with the provisions of G.S. 95‑194(a)(i);G.S. 95‑194(a)(i).
(6) Any farming operation
which employs 10 or fewer full‑time employees, except that if any
hazardous chemical in an amount in excess of 55 gallons or 500 pounds, whichever
is greater, is normally stored at the farming operation, the employer must
comply with the provisions of G.S. 95‑194(a)(i); andG.S. 95‑194(a)(i).
(7) Any distilled spirits,
tobacco, and untreated wood products; andproducts.
(8) Medicines used directly in patient care in health care facilities and health care facility laboratories."
SECTION 11. G.S. 95‑255(c) reads as rewritten:
"(c) The
Commissioner shall notify an employer when his experience rate modifier falls
below 1.5. An employer subject to the provisions of G.S. 95‑252 shall
notify the Commissioner if he no longer employs 11 or more employees and has
discontinued or will discontinue the safety and health committee."
SECTION 12. This act becomes effective July 1, 2017.
