§ 130A-460. Report to Department of Labor. - North Carolina Statutes

§130A‑460.  Report to Department of Labor.

(a)        Each report to theDepartment pursuant to the Article shall be evaluated for its potentialindication of an exposure to a health hazard.  If an on‑site visit isdeemed necessary, a copy of the report for work sites for which the Departmentof Labor has jurisdiction for the enforcement of occupational health laws shallbe forwarded to the Department of Labor.  The Department of Labor and theDepartment may exchange information regarding specific workplaces and conditionsand such information shall retain the same confidentiality provided by theoriginating agency.

(b)        If the Departmentof Labor determines that an on‑site visit is necessary for enforcementpurposes, the Department of Labor shall inform the Department within 30 days ofthe receipt of the report, and a representative of the Department mayparticipate in the visit.  The Department shall not contact or otherwise notifyany employer of a pending investigation prior to the determination by theDepartment of Labor regarding the necessity of an on‑site visit and shallnot give advance notice of a visit if one is necessary.

(c)        Subsection (b)shall not apply to inspections conducted for the Industrial Commission pursuantto G.S. 97‑76 and shall not affect the allocation of responsibilities setforth in G.S. 74‑24.4(c). (1993, c. 486.)