H568 - 2025 Omnibus Labor Amendments. (SL 2025-28)

Overview: S.L. 2025-28 (House Bill 568) does the following:

• Prohibits issuance of a third-party subpoena to the Commissioner of Labor of North Carolina (Commissioner), employees, and former employees of the North Carolina Department of Labor (Department) for appearance for the purpose of inquiring into any occupational safety and health inspection except in certain circumstances. This does not apply to a subpoena requesting only production of documents.
• Eliminates the requirement of publication and public hearing when the Occupational Safety and Health Division (Division) of the Department proposes to adopt a rule concerning an occupational safety and health standard identical to a federal regulation promulgated by the Secretary of the United States Department of Labor.  The Division must file the rule with the Rules Review Commission for the purpose of receiving written objections.
• Requires the North Carolina Occupational Safety and Health Review Commission to permit the complainant and respondent to obtain prehearing discovery in accordance with Rule 26(a) of the Rules of Civil Procedure, including testimony taken by deposition, production of documents, and compelling persons to appear, upon a respondent's motion.
• Requires the Chief Medical Examiner to provide a finalized autopsy report within five months of a written request by the Commissioner when death occurs due to an injury received in the course of the decedent's employment.
• Allows the Commissioner to adopt, alter, amend, or repeal appropriate rules for the selection of an arbitrator or panel and for conduct of the arbitration proceedings without written approval of the Attorney General.
• Changes the name of the Elevator and Amusement Device Division to the Elevator and Amusement Device Bureau and makes conforming changes.
• Clarifies that employers with five or more employees must post notice of employment laws in a conspicuous place, not in every room.

This act became effective June 27, 2025.