§ 95-130. Rights and duties of employees. - North Carolina Statutes

§95‑130.  Rights and duties of employees.

Rights and duties of employeesshall include but are not limited to the following provisions:

(1)        Employees shallcomply with occupational safety and health standards and all rules, regulationsand orders issued pursuant to this Article which are applicable to their ownactions and conduct.

(2)        Employees andrepresentatives of employees are entitled to participate in the development ofstandards by submission of comments on proposed standards, participation inhearings on proposed standards, or by requesting the development of standardson a given issue under G.S. 95‑131.

(3)        Employees shall benotified by their employer of any application for a temporary order grantingthe employer a variance from any provision of this Article or standard orregulation promulgated pursuant to this Article.

(4)        Employees shall begiven the opportunity to participate in any hearing which concerns anapplication by their employer for a variance from a standard promulgated underthis Article.

(5)        Any employee who maybe adversely affected by a standard or variance issued pursuant to this Articlemay file a petition for review with the Commissioner who shall review thematters set forth and alleged in the petition.

(6)        Any employee who hasbeen exposed or is being exposed to toxic materials or harmful physical agentsin concentrations or at levels in excess of that provided for by any applicablestandard shall have a right to file a petition for review with the Commissionerwho shall investigate and pass upon same.

(7)        Subject toregulations issued pursuant to this Article any employee or authorizedrepresentative of employees shall be given the right to request an inspectionand to consult with the Commissioner, Director, or their agents, at the time ofthe physical inspection of any work place as provided by the inspectionprovision of this Article.

(8)        to (10) Repealed bySession Laws 1991 (Regular Session, 1992), c. 1021, s. 2.

(11)      Any employee orrepresentative of employees who believes that any period of time fixed in thecitation given to his employer for correction of a violation is unreasonablehas the right to contest such time for correction by filing a written andsigned notice within 20 days from the date the citation is posted within theestablishment.

(12)      Nothing in this orany other provision of this Article shall be deemed to authorize or requiremedical examination, immunization, or treatment for those who object thereto onreligious grounds, except where such is necessary for the protection of thehealth or safety of others. (1973, c. 295, s. 5; 1991(Reg. Sess., 1992), c. 1021, s. 2.)