Federal OSHA standards recently repealed or adopted by the OSH Division are listed below, along with a brief description of each standard.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OSHA Standards Repealed
Emergency Temporary Standard on Occupational Exposure to COVID-19
North Carolina adopted verbatim the federal OSHA's Emergency Temporary Standard for Healthcare with an effective date of July 21, 2021. North Carolina's standard was repealed by NCDOL effective March 4, 2022. In the absence of a healthcare standard, OSHA and NCDOL will enforce general standards to include; the general duty clause, personal protective equipment, and respiratory protection. Since work-related COVID-19 cases are recordable illnesses, OSHA's recordkeeping standards (Part 1904) would apply.
Note: Federal OSHA is currently finalizing a permanent COVID-19 Healthcare standard.
OSHA Standards Adopted
OSH Issuance of Citations and Penalty Modifications
Effective July 1, 2023, North Carolina minimum and maximum civil penalties associated with occupational safety and health standard violations increased. Subsequent annual penalty adjustments shall be made in accordance with the United States Consumer Price Index published by the United States Department of Labor. These changes are 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. See table below for penalties effective July 1, 2023:
|Type of Violation||Penalty Minimum||Penalty Maximum|
|Serious||$750.00||$15,625.00 Per Violation|
|Serious||$750.00||$29,000.00 Per Violation For Employees Under 18 Years Old|
|Other-Than Serious||$0 Per Violation||$15,625.00 Per Violation|
|Willful or Repeated||$11,162 Per Violation||$156,259.00 Per Violation|
|Posting Requirements||$0 Per Violation||$15,625.00 Per Violation|
|Failure to Abate||$750.00||$15,625.00 Per Day Unabated Beyond the Abatement Date (Generally limited to 30 days maximum)|