About the North Carolina State Plan

The North Carolina Department of Labor (NCDOL) is charged with promoting the "health, safety and general well-being" of more than 4 million workers in the state. A commissioner of labor is elected every four years as head of the department and also serves on the Council of State. The commissioner has broad regulatory and enforcement powers to carry out the department's duties and responsibilities. The department is divided into three divisions: Administration, Occupational Safety and Health, and Standards and Inspections. The Occupational Safety and Health Division (OSH) is responsible for administering the Occupational Safety and Health Act.

The North Carolina State plan was initially approved on February 1, 1973 (38 FR 3041). On December 18, 1996, OSHA announced the final approval of the North Carolina State plan pursuant to section 18(e) and amended Subpart I of 29 CFR part 1952 to reflect the Assistant Secretary's decision (61 FR 66593).

Jurisdiction

The North Carolina Department of Labor exercises jurisdiction over all private and public sector employers and employees within the State, with the exception of Federal employees, the United States Postal Service (USPS), private sector maritime activities, employment on Indian reservations, railroad employment, and enforcement on military bases, and the American National Red Cross, which are subject to Federal OSHA jurisdiction. See 29 CFR 1952.155.

Regulations and Standards

States must set job safety and health standards that are "at least as effective as" comparable federal standards. (Most States adopt standards identical to federal ones.) States have the option to promulgate standards covering hazards not addressed by federal standards.

North Carolina has a limited number of state-specific standards. A list of these standards is provided below with a Web link for additional details. NCDOL state-specific standards for General Industry include:

NCDOL state-specific standards for Construction Industry include:

Additional NCDOL state-specific standards:

NCDOL state specific rules are contained in Title 13 of the North Carolina Administrative Code. The following link to Standards Information and Activity, provides additional information about the status of specific standards in the state.

Enforcement and Related Programs

Voluntary and Cooperative Programs

Policies and Procedures

A link to, and explanation of, North Carolina's Operating Procedures can be found on their web site.

Informal Conferences and Appeals

The North Carolina Safety and Health Review Commission is an independent administrative adjudicatory body created by North Carolina General Statute § 95-135 to hear contestments of citations, penalties, and abatement periods issued by the Occupational Safety and Health Division of the North Carolina Department of Labor. The review by the Commission is a two tiered process with an evidentiary hearing held by Administrative Law Judges throughout the state. Decisions of the Administrative Law Judges may then be appealed to the three-member Commission which is appointed by the Governor. The Commission's decision may be appealed first to the Superior Court and then to the North Carolina Court of Appeals and finally to the North Carolina Supreme Court.

Other Resources

North Carolina Department of Labor
Occupational Safety and Health Division
111 Hillsborough Street
Raleigh, NC 27601-1092

Mailing Address:

NORTH CAROLINA DEPT OF LABOR
Occupational Safety and Health Division
1101 Mail Service Center
Raleigh, NC 27699-1101
(919) 807-2900
For detailed contact information visit North Carolina's web site.