Bill Summary for S 407 (2017-2018)
|View NCGA Bill Details||2017-2018 Session|
AN ACT TO ENACT THE EMPLOYEE FAIR CLASSIFICATION ACT, TO REQUIRE THE INDUSTRIAL COMMISSION TO IMPLEMENT RULES RELATED TO OPIOIDS AND PAIN MANAGEMENT, TO REMOVE THE REQUIREMENT THAT THE INDUSTRIAL COMMISSION STUDY CAUSES OF INJURY AND RECOMMEND WAYS TO PREVENT INJURIES, AND TO DELAY THE EFFECTIVE DATE FOR A REQUIREMENT THAT EMPLOYERS RESPOND TO UNEMPLOYMENT INSURANCE CLAIMS IN TEN DAYS.Intro. by Wells.
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House committee substitute makes the following changes to the 1st edition.
Amends the long and short titles.
Amends proposed GS 143-762 (Definitions; scope). Amends the definition ofemployee to include one defined as such by GS 96-1(b)(10) [was, GS 96-1(10)].
Modifies proposed changes to GS 95-25.15(c). Amends the required contents of the poster summarizing the major provisions of GS Chapter 95, Article 2A (Wage and Hour Act), regarding statutory references to which workers are defined and treated as employees, and where notice of employee misclassification may be reported.
Directs the Industrial Commission to adopt rules and guidelines for the utilization of opioids, related prescriptions, and pain management treatment.
Exempts the Industrial Commission from the fiscal note requirement of GS 150B-21.4 in developing and implementing the rules and guidelines for opioids, related prescriptions, and pain management treatment.
Repeals GS 97-81(c), which requires the Industrial Commission to make certain studies and recommendations to the General Assembly.
Amends GS 97-12 (Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule). Amends the 10% reduction in workers' compensation for injuries caused by willful breach of employer-adopted rules and regulations to apply that reduction to reasonable rules and reasonable regulations, and to delete the current requirement that the rules and regulations be approved by the Industrial Commission.
Makes proposed GS Chapter 143, Article 82, and amendments to GS 105-259(b), GS 95-25.15(c), and GS 97-12 effective October 1, 2017. Makes amendment to GS 97-12 applicable to injuries or deaths occurring after that date. The remainder of the act is effective when it becomes law.