Standards Information and Activity
With certain exceptions, the N.C. Department of Labor adopts federal OSHA standards verbatim within six months of federal promulgation and uses the standards for enforcement of the N.C. Occupational Safety and Health Act. To stay informed of upcoming rules that may affect North Carolina, you may access the U.S. Department of Labor (USDOL) agency rules that are in various stages of the rulemaking process; pre-rule, proposed rule, and final rule stage. The USDOL follows a specific rulemaking process when federal OSHA decides that regulatory action for adoption of a new standard is necessary. USDOL/OSHA develops and publishes the proposed rule in the Federal Register and solicit comments from the public across the country, including North Carolina. After federal OSHA considers the feedback from the public, they make changes where appropriate, and then publish a final rule in the Federal Register with the date the rule becomes effective. In issuing a final rule, the USDOL/OSHA will describe and respond to the public comments in the Federal Register.
Federal OSHA standards recently repealed or adopted by the OSH Division are listed below, along with a brief description of each standard. Documentation of OSH Verbatim Adoptions can be found on the NCDOL Rules and Regulations page. The OSHA standards discussed can be accessed through OSHA's Law and Regulations page on the federal OSHA website. Additional information on these topics can be found on the NCDOL Occupational Safety and Health Topic Pages.
OSH Division State Specific Rules
The OSH Division state specific rules are contained in Title 13 of the North Carolina Administrative Code.
OSHA Standards Adopted
Worker Walkaround Representatives
In accordance with 13 NCAC 07A .0301(a), the N.C. Commissioner of Labor automatically incorporated by reference 29 CFR 1903.8(c) - Representatives of employers and employees. Although the effective date of this rule is May 31, 2024, the enforcement date in NC will be September 28, 2024, which is the date OSHA requires state plan adoption to be completed. As such, this revised paragraph will apply to inspections conducted on or after September 28, 2024.
Hazard Communication - Technical Amendments
Effective January 1, 2025, North Carolina adopted the federal OSHA amendment made to the Hazard Communication Standard, 29 CFR 1910.1200. The modifications to the standard include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, new provision related to trade secrets, technical amendments related to the contests of safety data sheets, and related revisions to definitions of terms used in the standard.
OSH Issuance of Citations and Penalty Modifications
Effective July 1, 2025, North Carolina minimum and maximum civil penalties associated with occupational safety and health standard violations will increase. Annual penalty adjustments are made in accordance with the United States Consumer Price Index published by the United States Department of Labor. These changes will be reflected in North Carolina General Statute §95-138(a)(2a) and §95-138(a1) in accordance with 13 NCAC 07A.0301 and 29 CFR 1903.
The current penalties are reflected in the Table below. They will be updated with the new penalties prior to July 1, 2025:
Type of Violation | Penalty Minimum | Penalty Maximum |
---|---|---|
Serious | $750.00 Per Violation | $16,131.00 Per Violation |
Serious | $750.00 Per Violation | $29,000.00 Per Violation For Employees Under 18 Years Old |
Other-Than Serious | $0 Per Violation | $16,131.00 Per Violation |
Willful | $11,524 Per Violation | $161,323.00 Per Violation |
Repeated | $750.00 Per Violation | $161,323.00 Per Violation |
Posting Requirements | $0 Per Violation | $16,131.00 Per Violation |
Failure to Abate | $750.00 | $16,131.00 Per Day Unabated Beyond the Abatement Date (Generally limited to 30 days maximum) |