WORKER SAFETY ACT OF 2026. (NEW)

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View NCGA Bill Details2025-2026 Session
House Bill 258 (Public) Filed Monday, March 3, 2025
AN ACT TO AMEND THE RETALIATORY EMPLOYMENT DISCRIMINATION ACT TO SPECIFY THE CONTENTS AND FILING METHODS FOR COMPLAINTS, AUTHORIZE RESPONDENTS TO SUBMIT POSITION STATEMENTS, CLARIFY THE TREATMENT OF EXTRANEOUS MATERIALS SUBMITTED WITH COMPLAINTS, AND PROVIDE FOR COMPUTATION OF TIME UNDER THAT ARTICLE.
Intro. by K. Hall, Miller, Crawford, Jeffers.

Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (Jun 3 2026)

SOG comments (2):

Long title change

Previous title was AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT AGAINST A UTILITY OR COMMUNICATIONS WORKER.

Long title change

Senate committee substitute to the 3rd edition changes the act's long title. Previous title was AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT AGAINST A UTILITY, COMMUNICATIONS, OR TRANSPORTATION WORKER.

Bill History:

H 258

Bill Summaries:

  • Summary date: Jun 3 2026 - View Summary

    Senate committee substitute to the 3rd edition removes the content of the previous edition and replaces it with the following. Makes conforming changes to the act’s titles.

    Amends GS 95-242 as follows. Adds the requirement that a complaint filed with the Commissioner of Labor by an employee alleging a violation of GS 95-241 (which prohibits discriminating or taking any retaliatory action against an employee who takes the listed actions) include the ten listed items, including specified contact information for the complainant and respondent, a statement of the facts on the protected activity engaged in by the complainant before the alleged retaliatory action, and a description of the alleged retaliatory action and any relevant facts known to the plaintiff that would explain in a legitimate, nondiscriminatory reason for the adverse employment action. Requires a written authorization to also be filed when someone other than the complainant files the complaint. Sets out a procedure for when a complainant files a partial complaint. Specifies that the complaint can be filed on a form through the Department of Labor’s website, by email, or by email. Specifies that a copy of the full complaint (was, copy of the complaint) must be forwarded to the person alleged to have committed the violation. Prohibits considering any extraneous material that is submitted with the complaint and requires that information be destroyed; the extraneous material is also not public record and not subject to inspection or examination. Allows the respondent to submit a statement of their defense within seven days of receiving the complaint. Clarifies that this provision does not prevent the Commissioner of Labor from stating an investigation before receiving a response from the respondent.

    Enacts new GS 95-246 requiring that time is to be computed under Article 21, Retaliatory Employment Discrimination, of GS Chapter 95, according to GS 1A-1, Rule 6.


  • Summary date: Apr 9 2025 - View Summary

    House amendment to the 2nd edition makes the following changes. Makes conforming changes to act’s long title.

    Enacts GS 14-32.6, creating the offense of felony assault, battery, and affray, as follows. Directs that unless the conduct is covered under some other provision of law providing punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class I felony if during the course of prohibited conduct he or she either:

    • Assaults a public transit operator, including a public employee or a private contractor employed as a public transit operator, when the operator is discharging or attempting to discharge his or her duties.
    • Assaults a transportation network company (TNC) driver providing a transportation network company (TNC) service. Specifies that the definitions for “TNC driver” and “TNC service” as defined in GS 20-280.1 apply.

    Removes those two classes of victims from GS 14-33 (misdemeanor assault, battery, and affray).


  • Bill H 258
    Summary date: Mar 19 2025 - View Summary

    House committee substitute to the 1st edition broadens the term utility or communications worker in GS 14-33(c)(10) (assault against utility or communications services workers) to include an employee, agent, or contractor of an organization, entity, or company (as described) that provides liquid petroleum, water or wastewater services.


  • Summary date: Mar 3 2025 - View Summary

    Amends GS 14-33 to make it a Class A1 misdemeanor to assault a utility or communications worker while the worker is (1) readily identifiable as a worker (as defined) and (2) discharging or attempting to discharge his or her duties. Defines utility or communications worker as an employee of, agent of, or under contract with an organization, entity, or company, whether State created or privately, municipally, county, or cooperatively owned, that provides electricity, natural gas, telecommunications services, or internet access services. Makes other technical and clarifying changes.

    Specifies that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

    Applicable to offenses committed on or after December 1, 2025.