§ 95-227. Enforcement. - North Carolina Statutes

§ 95‑227.  Enforcement.

(a)        For the purpose ofenforcing the standards provided by this Article, the provisions of G.S. 95‑129,G.S. 95‑130 and G.S. 95‑136 through G.S. 95‑142 shall applyunder this Article in a similar manner as they apply to places of employmentunder OSHANC; however, G.S. 95‑129(4), 95‑130(2), and 95‑130(6)do not apply to migrant housing. For the purposes of this Article, the term:

(1)        "Employer"in G.S. 95‑129, G.S. 95‑130 and G.S. 95‑136 through G.S. 95‑142shall be construed to mean an operator.

(2)        "Employee"shall be construed to mean a migrant.

(3)        Repealed by SessionLaws 2007‑548, s. 5, effective August 31, 2007.

(b)        The Commissionermay establish a new division to enforce this Article.

(c)        The Department ofLabor of North Carolina shall maintain a list of operators and the physicaladdress of their migrant housing units, number of beds, and the date of theannual preoccupancy inspection and certification.

(d)        The Department ofLabor of North Carolina shall maintain a summary of any inspections filedannually with the Division that enforce this Article, including the number andtype of citations issued and the violations found, if any.

(e)        The Commissionershall report no later than May 1 of each year to the Chairpersons of the SenateAppropriations Committee on Natural and Economic Resources and the Chairpersonsof the House of Representatives Appropriations Subcommittee on Natural andEconomic Resources regarding the number of annual preoccupancy certificationsissued, the number of operators with one hundred percent (100%) compliance atthe preoccupancy inspection, the number of postoccupancy inspections conductedby the Department of Labor of North Carolina, the number and type of citationsand fines issued, the total number of migrant worker beds in the State, and theidentification of operators who fail to apply for or obtain permits to operatemigrant housing pursuant to this Article. (1989, c. 91, s. 2; 1997‑35, s. 1; 2007‑548,s. 5.)