Bill Summary for S 542 (2023-2024)

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Summary date: 

Apr 4 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 542 (Public) Filed Tuesday, April 4, 2023
AN ACT TO MAKE OMNIBUS CHANGES TO THE LABOR LAWS OF NORTH CAROLINA, TO AMEND THE DEFINITION FOR BAR AS IT RELATES TO PUBLIC HEALTH INSPECTION AND REGULATION, AND TO MAKE VARIOUS CHANGES TO TRANSPORTATION LAWS.
Intro. by Galey, Barnes, Corbin.

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Bill summary

Amends GS 95-25.23, allowing for electronic notice of a determination of a civil penalty for youth employment violations under GS 95-25.5 or related regulations. Requires electronic means to include an email address provided by the employer to the Commissioner of Labor (Commissioner), with delivery receipt, that will be effective to give the employer notice of the penalty. 

Amends GS 95-25.23A, increasing the civil penalties permitted for violations of employee recordkeeping requirements under GS 95-25.15(b) or related regulations. Now authorizes a penalty of up to $750 per employee with a cap of $4,500 (was, $250 per employee with a cap of $2,000). Eliminates the required considerations of the Commissioner in determining the penalty amount. Allows for notice of penalty determinations to be sent by electronic means, including an email address provided by the person to the Commissioner, with delivery receipt, that will be effective to give the person notice of the violation. 

Amends GS 95-69.9, which sets out defined terms applicable to the Uniform Boiler and Pressure Vessel Act. Adds and defines imminent danger as any condition or practice in any location that a boiler or pressure vessel is being operated such that a danger exists that could be expected to cause death or serious physical harm if the condition is not abated. Adds and defines menace to public safety as a boiler or pressure vessel that cannot be operated without a risk of injury to persons and property.  

Amends GS 95-69.10(b), modifying the following exemptions from the scope of the Uniform Boiler and Pressure Vessel Act. Makes only vessels used for temporary storage of compressed gases exempt, and explicitly makes permanently installed vessels that are refilled on site subject to the Act. Qualifies the exemption for air tanks installed on rights-of-way of railroads and used directly in the operation of trains by requiring their installation with proper pressure relief devices, and adds that the exemption includes vessels associated with electrical apparatus in electrical switchyards. Exempts the specified pressure vessels not equipped with a quick actuating closure, subject to specified maximum allowable working pressure level limitations; adjusts the limitation for vessels with five cubic feet in volume to allow a maximum allowable working pressure not exceeding 15 psig (was five cubic feet in volume and 250 psig). Exempts unfired hot water storage vessels with nominal capacity not exceeding 120 gallons and containing water at a maximum allowable working pressure not exceeding 160 psig or temperatures not exceeding 210 degrees Fahrenheit (replacing the exemption of pressure vessels with a normal water capacity not exceeding 120 gallons and containing water under pressure temperatures not exceeding 120 degrees Fahrenheit, including those containing air, the compression of which serves as a cushion). Exempts pressure vessels containing water under pressure, including those containing air, the compression of which serves as a cushion, at a temperature not exceeding 110 degrees Fahrenheit and a maximum allowable working pressure not exceeding 300 psig (previously exempted pressure vessels at a temperature not exceeding 100 degrees Fahrenheit), excluding hydropneumatics pressure vessels providing potable water service from regulation (previously did not qualify the exclusion requiring provision of potable water service). Further specifies that the pressure limitation set for the exemption of coil-type hot water supply boilers is the maximum allowable working pressure at 260 psig. Exempts pressure vessels providing potable water service having an internal bladder for containing an air cushion, provided the vessels are not connected to a continuous air source for the purpose of monitoring and maintaining air pressure or volume (replacing the exemption of pressure vessels associated with electrical apparatus in electrical switchyards if the pressure vessels have proper pressure relief devices). Amends subsection (c) to exempt from the construction and inspection requirements of the Department of Labor (Department) indirect fired water heaters (was, hot water storage tanks) heated by steam or any other indirect means, so long as they are equipped as specified and do not exceed listed limitations. 

Amends GS 95-69.17, specifying that the Commissioner's authority to refuse to issue or renew, or revoke, suspend, or amend, an inspection certification applies to nonpayment of fees within 30 days of assessment. Allows for notice of determinations to be sent by electronic means, including an email address provided by the person to the Commissioner, with delivery receipt, that will be effective to give the person notice of the penalty. 

Enacts GS 95-69.18(d), prohibiting operation of any boiler or pressure vessel subject to the Uniform Boiler and Pressure Vessel Act after the Commissioner has refused to issue or renew, or has revoked an inspection certificate for nonpayment of fees.

Amends GS 95-69.19, establishing a standard penalty of up to $500 per day for violations of GS 95-69.18 where any boiler or pressure vessel is verified by an inspector to be operated or used in a condition considered to be a menace to public safety or an imminent danger (replacing existing provisions which set a maximum penalty of $500 for operation after refusal to issue or after revocation of an inspection certificate under subsection (c), with other violations under subsections (a) and (b) subject to a penalty of up to $250). Changes make violations of new subsection (d) of GS 95-69.18(d), as enacted, subject to a $500 penalty as described. Eliminates the required considerations of the Commissioner in determining the penalty amount. Allows for notice of determinations to be sent by electronic means, including an email address provided by the person to the Commissioner, with delivery receipt, that will be effective to give the person notice of the violation. 

Amends the following statutes to allow notices of determinations and actions, as appropriate, to be sent by electronic means, including an email address provided by the person to the Commissioner, with delivery receipt, that will be effective to give the person notice, for specified violations: GS 95-110.6(c) (noncomplying elevator devices and equipment); GS 95-110.10(e) (operation of elevator without certificate, not in accordance with Article or rules and regulations, or after refusal to issue or after revocation of certificate); GS 95-111.6(c) (noncomplying amusement devices); GS 95-111.13(g) (operation of amusement device without certificate, not in accordance with Article or rules and regulations, or after refusal to issue or after revocation of certificate); GS 95-123 (noncomplying passenger tramways); GS 95-125.3(e) (operation of passenger tramway without certificate; noncompliance with liability insurance or reporting requirements; operation of unsafe device); GS 95-137(b) (noncompliance with the Occupational and Health Safety Act, or failure to correct violation); and GS 95-234(a) (violation of controlled substance examination regulation).

Further amends GS 95-137 to require persons issued citations to notify the Director of Occupational Safety and Health in writing if the employer wishes to contest the citation or proposed penalty, or request an informal conference, within the time period specified in current law. Makes technical correction. 

Repeals Article 22, GS Chapter 95, which requires certain employers to establish safety and health programs and committees.