GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2025-28
HOUSE BILL 568
AN ACT making omnibus Amendments to laws pertaining to the north carolina department of labor.
The General Assembly of North Carolina enacts:
SECTION 1.1. Article 16 of Chapter 95 of the General Statutes is amended by adding a new section to read:
"§ 95‑136.2. Third‑party subpoenas to the Department.
(a) The Commissioner, any current employee, or any former employee of the Department may only be required to appear and testify regarding an occupational safety and health inspection under one of the following circumstances:
(1) An enforcement proceeding is brought under this Article.
(2) An action is filed in which the Department is a party.
(3) The Commissioner consents in writing to waive the exemption provided by subsection (b) of this section.
(4) A court finds all of the following:
a. The information sought is essential to the underlying case.
b. There are no reasonable alternative means for acquiring the information.
c. A significant injustice would occur if the requested testimony was not available.
(b) Except as provided in subsection (a) of this section, the Commissioner, any current employee, and any former employee of the Department may not be subpoenaed to appear or testify for an inquiry into any occupational safety and health inspection.
(c) Any written report, citation, or investigative finding issued by the Department pursuant to an occupational safety and health inspection shall be admissible in any judicial or administrative civil proceeding to the same extent as if the author were available to testify, unless the court finds the document clearly lacks indicia of reliability or would result in manifest injustice.
(d) This section does not apply to a subpoena requesting only documents or other records."
SECTION 1.2. G.S. 150B‑21.5 is amended by adding a new subsection to read:
"(c1) OSHA Standard. – The Occupational Safety and Health Division of the Department of Labor is not required to publish a notice of text in the North Carolina Register or hold a public hearing when it proposes to adopt a rule that concerns an occupational safety and health standard that is identical to a federal regulation promulgated by the Secretary of the United States Department of Labor. The Division shall file the rule with the Commission for the purpose of receiving written objections to the rule in accordance with G.S. 150B‑21.3(b2)."
SECTION 1.3.(a) G.S. 95‑135(d) reads as rewritten:
"(d) Every official act of the Commission shall be entered of record and its hearings and records shall be open to the public. The Commission is authorized and empowered to make such procedural rules as are necessary for the orderly transaction of its proceedings. Unless the Commission adopts a different rule, the proceedings, as nearly as possible, shall be in accordance with the Rules of Civil Procedure, G.S. 1A‑1. The Commission may order testimony to be taken by deposition in any proceeding pending before it at any stage of such proceeding. Any person, firm or corporation, and its agents or officials, may be compelled to appear and testify and produce like documentary evidence before the Commission. Only upon motion of a respondent, the Commission shall permit the complainant and respondent to obtain prehearing discovery in accordance with the methods provided in Rule 26(a) of the Rules of Civil Procedure, including, but not limited to, testimony taken by deposition, production of documents, and compelling persons to appear. Witnesses whose depositions are taken under this section, and the persons taking such depositions, shall be entitled to the same fees as are paid for like services in the courts of the State."
SECTION 1.3.(b) This section shall apply to citations issued on or after the effective date of this act.
SECTION 1.4. G.S. 130A‑385(e) reads as rewritten:
"(e) In cases where death occurred due to an injury received in the course of the decedent's employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of the medical examiner's report of the investigation, including the location of the fatal injury and the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical Examiner shall forward this report within 30 days of receipt of the information from the medical examiner. Upon written request by the Commissioner of Labor, the Chief Medical Examiner shall provide the finalized autopsy report within five months of the date of the request."
SECTION 1.5. G.S. 95‑36.3(c) reads as rewritten:
"(c) The Commissioner of
Labor, with the written approval of the Attorney General as to legality, shall
have power to adopt, alter, amend or repeal appropriate rules of procedure for
selection of the arbitrator or panel and for conduct of the arbitration
proceedings in accordance with this Article: Provided, however, that such
rules shall be inapplicable to the extent that they are inconsistent with the
arbitration agreement of the parties."
SECTION 1.6.(a) G.S. 95‑110.2 reads as rewritten:
"§ 95‑110.2. Scope.
This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving:
(1) Elevators, dumbwaiters, escalators, and moving walks;
(2) Personnel hoists;
(3) Inclined stairway chair lifts;
(4) Inclined and vertical wheelchair lifts;
(5) Manlifts; and
(6) Special equipment.
This Article shall not apply to
devices and equipment located and operated in a single family residence, residence.
This Article shall not apply to conveyors and related equipment within the
scope of the American National Standard Safety Standard for Conveyors and
Related Equipment (ANSI/ASME B20.1) constructed, installed and used exclusively
for the movement of materials, or to mining equipment specifically covered by
the Federal Mine Safety and Health Act or the Mine Safety and Health Act of
North Carolina or the rules and regulations adopted pursuant thereto."
SECTION 1.6.(b) G.S. 95‑110.3 reads as rewritten:
"§ 95‑110.3. Definitions.
(a) The term
"Commissioner" shall mean the North Carolina Commissioner of Labor or
his the Commissioner's authorized representative.
(b) The term
"Director" shall mean the Director of the Elevator and Amusement
Device Division Bureau of the North Carolina Department of Labor.
…."
SECTION 1.6.(c) G.S. 95‑110.4 reads as rewritten:
"§ 95‑110.4. Elevator and Amusement Device Division
Bureau established.
There is hereby created an Elevator
and Amusement Device Division Bureau within the Department of
Labor. The Commissioner shall appoint a director of the Elevator and Amusement
Device Division Bureau and such other employees as the
Commissioner deems necessary to assist the director in administering the
provisions of this Article."
SECTION 1.6.(d) G.S. 95‑110.5 reads as rewritten:
"§ 95‑110.5. Powers and duties of Commissioner.
The Commissioner of Labor is hereby
empowered:empowered to do all of the following:
(1) To delegate to the
Director of the Elevator and Amusement Device Division Bureau such
powers, duties and responsibilities as the Commissioner determines will best
serve the public interest in the safe operation of lifting devices and equipment;equipment.
(2) To supervise the Director
of the Elevator and Amusement Device Division;Bureau.
(3) To adopt, modify, or
revoke such rules and regulations as are necessary for the purpose of carrying
out the provisions of this Article including, but not limited to, those
governing the design, construction, installation, plans review, testing, inspection,
certification, operation, use, maintenance, alteration and relocation of
devices and equipment subject to the provisions of this Article. The rules and
regulations promulgated pursuant to this rulemaking authority shall conform
with good engineering practice as evidenced generally by the most recent
editions of the American National Standard Safety Code for Elevators,
Dumbwaiters, Escalators and Moving Walks, the National Electrical Code, the
American National Standard Safety Requirements for Personnel Hoists, the
American National Standard Safety Code for Manlifts, the American National
Standard Safety Standard for Conveyors and Related Equipment and similar codes
promulgated by agencies engaged in research concerning strength of material,
safe design, and other factors bearing upon the safe operation of the devices
and equipment subject to the provisions of this Article. The rules and
regulations may apply different standards to devices and equipment subject to
this Article depending upon their date of installation. The rules and
regulations for special equipment shall not adopt specifically any portion of
the American National Standard Safety Code for Elevators, Dumbwaiters,
Escalators and Moving Walks to inclined and vertical reciprocating conveyors;conveyors.
(4) To enforce rules and
regulations adopted under authority of this Article;Article.
(5) To inspect and have
tested for acceptance all new, altered or relocated devices or equipment
subject to the provisions of this Article;Article.
(6) To make maintenance and
periodic inspections and tests of all devices and equipment subject to the
provisions of this Article as often as every six months;months.
(7) To issue certificates of
operation which certify for use such devices and equipment as are found to be
in compliance with this Article and the rules and regulations promulgated thereunder;thereunder.
(8) To have free access, with
or without notice, to the devices and equipment subject to the provisions of
this Article, during reasonable hours, for purposes of inspection or testing;testing.
(9) To obtain an
Administrative Search and Inspection Warrant in accordance with the provisions
of Article 4A of Chapter 15 of the General Statutes;Statutes.
(10) To investigate accidents
involving the devices and equipment subject to the provisions of this Article
to determine the cause of such accident, and he shall have full subpoena powers
in conducting such investigation;investigation.
(11) To institute proceedings
in the civil or criminal courts of this State, when a provision of this Article
or the rules and regulations promulgated thereunder has been violated;violated.
(12) To issue a limited
certificate of operation for any device or equipment subject to the provisions
of this Article to allow the temporary or restricted use thereof;thereof.
(13) To adopt, modify or revoke
rules and regulations governing the qualifications of inspectors;inspectors.
(14) To grant exceptions from
the requirements of the rules and regulations promulgated under authority of
this Article and to permit the use of other devices when such exceptions and
uses will not expose the public to an unsafe condition likely to result in
serious personal injury or property damage;damage.
(15) To require that a
construction permit must be obtained from the Commissioner before any device or
equipment subject to the provisions of this Article is installed, altered or
moved from one place to another and to require that the Commissioner must be
supplied with whatever plans, diagrams or other data he deems necessary to
determine whether or not the proposed construction is in compliance with the
provisions of this Article and the rules and regulations promulgated thereunder;thereunder.
(16) To prohibit the use of any
device or equipment subject to the provisions of this Article which is found
upon inspection to expose the public to an unsafe condition likely to cause
personal injury or property damage. Such device or equipment shall be made
operational only upon the Commissioner's determination that such device or
equipment has been made safe;safe.
(17) To order the payment of
all civil penalties provided by this Article. Funds collected pursuant to a
civil penalty order shall be deposited with the State Treasurer;Treasurer.
(18) To require that any device
or equipment subject to the provisions of this Article which has been out‑of‑service
and not continuously maintained for one or more years shall not be returned to
service without first complying with all rules and regulations governing
existing installations; andinstallations.
(19) To coordinate enforcement and inspection activity relative to equipment, devices and operations covered by this Article in order to minimize duplication of liability or regulatory responsibility on the part of the employer or owner.
(20) To establish fees not to exceed two hundred dollars ($200.00) for the inspection and issuance of certificates of operation for all devices and equipment subject to this Article upon installation or alteration, for each follow‑up inspection, and for annual periodic inspections thereafter."
SECTION 1.6.(e) G.S. 95‑110.9(b) reads as rewritten:
"(b) The Commissioner,
without delay, after notification and determination that an occurrence
involving injury or damage as specified in subsection (a) 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 bureau
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."
SECTION 1.7.(a) G.S. 95‑111.3(6) reads as rewritten:
"(6) Director. – The
Director of the Elevator and Amusement Device Division Bureau of
the North Carolina Department of Labor."
SECTION 1.7.(b) G.S. 95‑111.4 reads as rewritten:
"§ 95‑111.4. Powers and duties of Commissioner.
The Commissioner of Labor is hereby empowered to do all of the following:
(1) To delegate to the
Director of the Elevator and Amusement Device Division Bureau such
powers, duties and responsibilities as the Commissioner determines will best
serve the public interest in the safe operation of amusement devices.
(2) To supervise the Director
of the Elevator and Amusement Device Division.Bureau.
…."
SECTION 1.7.(c) G.S. 95‑111.10(b) reads as rewritten:
"(b) The Commissioner,
without delay, after notification and determination that an occurrence
involving injury or damage as specified in subsection (a) 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 bureau
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."
SECTION 1.8. G.S. 95‑125.2(b) reads as rewritten:
"(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
bureau 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."
SECTION 2.1. G.S. 95‑9 reads as rewritten:
"§ 95‑9. Employers to post notice of laws.
It shall be the duty of every
employer who has five or more employees to keep posted in a conspicuous
place in every room where five or more persons are employed a printed
notice stating the provisions of the law relative to the employment of adult
persons and children and the regulation of hours and working conditions. The
Commissioner of Labor shall furnish the printed form of such notice upon
request."
SECTION 3.1. Unless otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 18th day of June, 2025.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Destin Hall
Speaker of the House of Representatives
s/ Josh Stein
Governor
Approved 3:06 p.m. this 27th day of June, 2025