Bill Summary for H 385 (2011-2012)

Summary date: 

Mar 16 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 385 (Public) Filed Wednesday, March 16, 2011
MAKING OMNIBUS AMENDMENTS TO THE LABOR LAWS OF NORTH CAROLINA.
Intro. by Howard, Brubaker.

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Bill summary

Amends GS 95-69.10(a) to state that the Uniform Boiler and Pressure Vessel Act (Act) applies to all boilers and pressure vessels constructed, used, or designed for operation in this state including all new and existing installations, unless specifically excluded by GS 95-69.10(b); deletes conditional language. Makes a clarifying change to GS 95-69.10(b)(17). Makes clarifying and technical changes to GS 95-69.10(c), (d), and (e), which concern construction and inspection requirements established by the Department of Labor. Enacts new subdivision (17) to GS 95-69.11, authorizing the Commissioner of Labor (Commissioner) to grant exceptions from the requirements of the rules and regulations adopted under the Act and to permit the use of other devices, provided the exceptions and uses do not create unsafe conditions.
Amends GS 95-111.3(a) to exclude four additional items from the term amusement device. Makes other clarifying and technical changes. Makes a clarifying change to GS 95-111.8. Amends GS 95-119(a), requiring a registration certificate for passenger tramways to be issued annually (rather than issued without delay). Makes a conforming change. Amends GS 95-130(11) to allow any employee to file notice within 15 working days (rather than 20 days) from the date the citation is posted, if the employee believes the employer was granted unreasonable time to correct a violation under the Occupational Safety and Health Act of North Carolina.
Enacts new subsection (b1) to GS 95-242, allowing the Commissioner to reopen an investigation of retaliatory employment discrimination for good cause shown within 30 days of receiving the right-to-sue letter. In such a case, the 90-day time limit will not commence until the new investigation is complete and either a right-to-sue letter is issued or the Commissioner notifies the parties, in writing, that conciliation efforts have failed.
Amends GS 95-242(c), allowing an employee to request a right-to-sue letter 90 days (rather than 180 days) after the complaint filing.

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