§ 95-128. Coverage. - North Carolina Statutes

§95‑128.  Coverage.

The provisions of this Articleor any standard or regulation promulgated pursuant to this Article shall applyto all employers and employees except:

(1)        The federalgovernment, including its departments, agencies and instrumentalities;

(2)        Employees whosesafety and health are subject to protection under the Atomic Energy Act of1954, as amended;

(3)        Employees whosesafety and health are subject to protection under the Federal Coal Mine Healthand Safety Act of 1969 (30 U.S.C. 801) and the Federal Metal and NonmetallicMine Safety Act (30 U.S.C. 725), or Subtitle V of Title 49 of the United StatesCode;

(4)        Railroad employeeswhose safety and health are subject to protection under Subtitle V of Title 49of the United States Code;

(5)        Employees engaged inall maritime operations;

(6)        Employees whoseemployer is within that class and type of employment which does not permitfederal funding, on a matching basis, to the State in return of Stateenforcement of all occupational safety and health issues. (1973,c. 295, s. 3; 1998‑217, s. 27.)