Section 1.1

Amends GS Chapter 95, Article 16 by enacting GS 95-136.2. Mandates that the Commissioner, any current employee, or any former employee of the North Carolina Department of Labor is not subject to a subpoena for appearances for inquiries into any occupational safety and health inspection, unless an exception applies. The exceptions include any of the following circumstances: (1) an enforcement proceeding brought under this Article; (2) an action where the Department is a party; (3) the Commissioner providing written consent to waive the exemption; or (4) a court finds that the information is essential to the underlying case, there is no reasonable alternative to acquire the information, and a significant injustice would occur if the requested testimony was not available. Provides that the issuing party of the subpoena must pay a witness fee of $500 per day to the Department. Clarifies this statute does not apply to subpoenas requesting documents or other records only.

Section 1.2

Amends GS 150B-21.5 by adding a new subsection allowing the Occupational Safety and Health Division of the Department of Labor (OSHA) not to publish a notice in the NC Register or hold a public hearing when proposing the adoption of a rule concerning occupational safety and health standards identical to a federal regulation promulgated by the Secretary of the US Department of Labor. Requires OSHA to file the rule with the Rules Review Commission so written objections can be received as required by GS 150B-21.3(b2).

Section 1.3

Adds an exception to GS 95-135(d) concerning the OSHA Review Commission’s procedural power to compel appearance, testimony, and production of documentary-like evidence before the Commission upon motion of a respondent.  

Applies to citations issued on or after the effective date of this act.

Section 1.4

Amends GS 130A-385(e) by adding a provision that the Chief Medical Examiner must provide a finalized autopsy report within 5 months of a written request by the Commissioner of Labor in cases where death occurred due to an injury received as part of the decedent’s employment.

Section 1.5

Amends GS 95-36.3(c) by removing the requirement that the Commissioner of Labor have written approval of the Attorney General to have the power to adopt, change, or repeal procedural rules for arbitrator or panel selection and for arbitration proceedings conduct.

Section 1.6

Makes technical changes to GS 95-110.2.

Makes technical changes to GS 95-110.3, GS 95-110.4, and GS 95-110.5, including changing the term Elevator and Amusement Device Division to the Elevator and Amusement Device Bureau throughout. Amends GS 95-110.5(13), pertaining to the Commissioner of Labor’s power to adopt, modify, or revoke rules and regulations governing inspector qualifications under the Elevator Safety Act of NC, by adding that the Commissioner can waive or amend the American National Safety Standards from the American National Standards Institute as they relate to inspector qualifications in this state if the Commissioner sets alternative standards reasonably equivalent, as determined by the Commissioner. Amends GS 95-110.5(20) by increasing the fee the Commissioner is empowered to establish for the inspection and issuance of certificates of operation for all devices and equipment subject to the Elevator Safety Act of NC upon installation or alteration, for each follow-up inspection, and for annual periodic inspections, from $200 to $1,000. Makes technical change in GS 95-110.9(b), changing division to bureau.

Section 1.7

Makes technical changes to GS 95-111.3(6) and GS 95-111.4, including changing the term Elevator and Amusement Device Division to the Elevator and Amusement Device Bureau throughout. Adds the same safety standards waiver power discussed in Section 1.6 above to GS 95-111.4(13) pertaining to the powers and duties of the Commissioner of Labor under the Amusement Device Safety Act of NC. Amends GS 95-111.4(19) by increasing the fee the Commissioner can establish from $250 to $1,000 for inspection and issuance of certificates of the operation for devices that are in use and subject to the Amusement Device Safety Act of NC. Makes technical change in GS 95-111.10(b), changing division to bureau.

Section 1.8

Makes technical change in GS 95-125.2(b), changing division to bureau.