GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 317
HOUSE BILL 504

AN ACT TO CLARIFY RECORD PROTECTION DURING ONGOING OSHA INVESTIGATIONS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 95-136(e) reads as rewritten:
"(e)	The Commissioner is authorized to compile, analyze, and publish, in summary or detailed form, all reports or information obtained under this section.  Files and other records relating to investigations and enforcement proceedings pursuant to this Article shall not be subject to inspection and examination as authorized by G.S. 132-6 while such investigations and proceedings are pending."
Sec. 2.  G.S. 95-136 is amended by adding the following new subsection to read:
"(e1)	The names of witnesses or complainants, and any information within statements taken from witnesses or complainants during the course of inspections or investigations conducted pursuant to this Article that would name or otherwise identify the witnesses or complainants, shall not be released to any employer or third party.  A witness or complainant may, however, sign a written release permitting the Commissioner to provide information specified in the release to any persons or entities designated in the release.  Nothing in this section shall be construed to prohibit the use of the name or statement of a witness or complainant in enforcement proceedings or hearings held pursuant to this Article.  The Commissioner may permit the use of names and statements of witnesses and complainants and information obtained during the course of inspections or investigations conducted pursuant to this Article by public officials in the performance of their public duties."
Sec. 3.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 9th day of July, 1993.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives