Bill Summary for H 400 (2019-2020)

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Summary date: 

Mar 20 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 400 (Public) Filed Wednesday, March 20, 2019
Intro. by McElraft.

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Bill summary

Modifies and adds to GS Chapter 95, Department of Labor and Labor Regulations.

Enacts GS 95-69.18.1, authorizing the Commissioner of Labor to compile, analyze, and publish the reports or information obtained under Article 7A (Uniform Boiler and Pressure Vessel Act). Provides that files and other records relating to investigations and enforcement proceedings under the Article are not subject to inspection and examination under GS 132-6 (concerning public records) while the investigations and proceedings are pending. Entitles a person cited under the Article's provisions to receipt of a copy of the official inspection report that is the basis for citations received by the person following the issuance of citations.

Adds identical provisions to GS 95-110.9 (concerning Article 14A, Elevator Safety Act of North Carolina), GS 95-111.10 (Article 14B, Amusement Device Safety Act of North Carolina), and GS 95-125.2 (concerning Article 15, Passenger Tramway Safety). Makes conforming changes to the statutes, and makes the statutes' language gender-neutral.

Amends GS 95-111.3, adding the following to the devices excluded from the definition of amusement device as the term is used in Article 14B: a locomotive, train, series of railroad cards, or other mechanical devices that operate on any US standard railroad gauge of four feet, eight and one-half inches.

Adds to the power, jurisdiction, and authority of the Director of Occupational Safety and Health set out in GS 95-133 the power to obtain medical records compiled and maintained by the Department of Health and Human Services (DHHS), by hospitals participating in the statewide trauma system, or by emergency management services providers in connection with the dispatch, response, treatment, or transport of individual patients relating to investigations and enforcement under Article 16 (the Occupational Safety and Health Act of North Carolina/OSHA). Deems records obtained to be confidential and prohibits their release or being made public.

Enacts GS 95-153, prohibiting compelling Department of Labor employees who are charged with compliance duties from appearing at any legal or administrative proceeding concerning a division inspection or investigation performed by the Department unless the appearance is required for a hearing held pursuant to Article 16. Includes the Deputy Commissioner of Labor.

Adds to GS 95-136, regarding OSHA inspections, deeming information and reports developed pursuant to any inspection or investigation performed pursuant to Article 16 inadmissible in any court or administrative body except pursuant to the enforcement of the Article, except as provided in existing subsection (e1) (providing for inspection reports upon written request and at the expense of the requesting party, with certain restrictions).