§ 95-110.9. Reports required. - North Carolina Statutes

§95‑110.9.  Reports required.

 (a) The owner of any deviceor equipment regulated under the provisions of this Article, or his authorizedagent, shall within 24 hours notify the Commissioner of each and everyoccurrence involving such device or equipment when:

(1)        The occurrenceresults in death or injury requiring medical treatment, other than first aid,by a physician. First aid means the one time treatment or observation ofscratches, cuts not requiring stitches, burns, splinters and contusions or adiagnostic procedure, including examination and x‑rays, which does notordinarily require medical treatment even though provided by a physician orother licensed personnel; or

(2)        The occurrenceresults in damage to the device indicating a  substantial defect in design,mechanics, structure or equipment, affecting the future safe operation of thedevice. No reporting is required in the case of normal wear and tear.

 (b) The Commissioner, withoutdelay, after notification and determination that an occurrence involving injuryor damage as specified in subsection (a) has occurred, shall make a completeand thorough investigation of the occurrence. The report of the investigationshall be placed on file in the office of the division and shall give in detailall facts and information available. The owner may submit for inclusion in thefile results of investigations independent of the department's investigation.

 (c) No person, following anoccurrence as specified in subsection (a), shall operate, attempt to operate,use or move or attempt to move such device or equipment, or part thereof,without the approval of the Commissioner, unless so as to prevent injury to anyperson or persons.

 (d) No person, following anoccurrence as specified in subsection (a), shall remove or attempt to removefrom the premises any damaged or undamaged part of such device or equipment orrepair or attempt to repair any damaged part necessary to a complete andthorough investigation. The department must initiate its investigation within 24hours of being notified. (1985 (Reg. Sess., 1986), c. 990, s. 1.)