§ 95-131. Development and promulgation of standards; adoption of federal standards and regulations. - North Carolina Statutes

§95‑131.  Development and promulgation of standards; adoption of federalstandards and regulations.

(a)        All occupationalsafety and health standards promulgated under the federal act by the Secretary,and any modifications, revision, amendments or revocations in accordance withthe authority conferred by the federal act or any other federal act or agencyrelating to safety and health and adopted by the Secretary, shall be adopted asthe rules of the Commissioner of this State unless the Commissioner decides toadopt an alternative State rule as effective as the federal requirement andproviding safe and healthful employment in places of employment as required bythe federal act and standards and regulations heretofore referred to and asprovided by the Occupational Safety and Health Act of 1970. Chapter 150B of theGeneral Statutes governs the adoption of rules by the Commissioner.

(b), (c)  Repealed by SessionLaws 1991, c. 418, s. 8.

(d)        Rules adopted underthis section shall provide insofar as possible the highest degree of safety andhealth protection for employees; other considerations shall be the latestavailable scientific data in the field, the feasibility of the standard, andexperience gained under this and other health and safety laws. Whenever practicalthe standards established in a rule shall be expressed in terms of objectivecriteria and of the performance desired. In establishing standards dealing withtoxic materials or harmful physical agents, the Commissioner, afterconsultation and recommendations of the Department of Health and HumanServices, shall set a standard which most adequately assures, to the extentpossible, on the basis of the most available evidence that no employee willsuffer material impairment of health or functional capacity even if suchemployee has regular exposure to the hazard dealt with by such standard for theperiod of his working life.

(e)        The Commissionermay not adopt State standards, for products distributed or used in interstatecommerce, which are different from federal standards for such products unlessthe adoption of such State standard, or standards, is required by compellinglocal conditions and does not unduly burden interstate commerce.

(f)         Repealed bySession Laws 1991, c. 418, s. 8.

(g)        Any rule, regulation,scope, or standard for agricultural employers adopted or promulgated prior toJuly 12, 1988, that differs from the federal rule, regulation, scope, orstandard is repealed effective September 1, 1989, unless readopted pursuant toChapter 150B of the General Statutes. (1973, c. 295, s. 6; c. 476,s. 128; 1975, 2nd Sess., c. 983, s. 81; 1987, c. 285, s. 17; 1987 (Reg. Sess.,1988), c. 1111, ss. 7, 8; 1989, c. 727, s. 219(14); 1991, c. 418, s. 8; 1997‑443,s. 11A.34.)