§ 95-127. Definitions. - North Carolina Statutes - USA Laws Searching

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§ 95-127. Definitions.

§ 95‑127.  Definitions.

In this Article, unless thecontext otherwise requires:

(1)        The term"Advisory Council" shall mean the Advisory Council or bodyestablished under this Article.

(2)        The term"Commission" means the North Carolina Occupational Safety and HealthReview Commission established under this Article.

(3)        The term"classified service" means a position included in the State MeritSystem of Personnel Administration subject to the laws, rules and regulationsof the State Personnel Board as administered by the State Personnel Directorand as set forth in Chapter 126 of the General Statutes.

(4)        The term"Commissioner" means the Commissioner of Labor of North Carolina.

(5)        The term"days" shall mean a calendar day unless otherwise noted.

(6)        The term"Department" means the Department of Labor of North Carolina.

(7)        The term"Deputy Commissioner" means the Deputy Commissioner of the NorthCarolina Department of Labor, who is appointed by the Commissioner to aid andassist the Commissioner in the performance of his duties. The DeputyCommissioner shall exercise such power and authority as delegated to him by theCommissioner.

(8)        The term"Director" means the officer or agent appointed by the Commissionerof Labor for the purpose of assisting in the administration of the OccupationalSafety and Health Act of North Carolina.

(9)        The term"employee" means an employee of an employer who is employed in abusiness or other capacity of his employer, including any and all businessunits and agencies owned and/or controlled by the employer.

(10)      The term"employer" means a person engaged in a business who has employees,including any state or political subdivision of a state, but does not includethe employment of domestic workers employed in the place of residence of his orher employer.

(11)      The term"established federal standard" means any operative occupationalsafety and health standard established by any agency of the United States andpresently in effect, or contained in any act of Congress in force on the dateof enactment of this Article, and adopted by the Secretary of Labor under theOccupational Safety and Health Act of 1970.

(12)      The term"federal act," as referred to in this Article, means the OccupationalSafety and Health Act of 1970 (Public Law 91‑596, 91st Congress, Act ofDecember 29, 1970, 84 Stat. 1950).

(13)      The term"imminent danger" means any conditions or practices in any place ofemployment which are such that a danger exists which could reasonably beexpected to cause death, or serious physical harm immediately or before theimminence of such danger can be eliminated through the enforcement proceduresotherwise provided by this Article.

(14)      The term"issue" means an industrial, occupational or hazard grouping.

(15)      The term"occupational safety and health standards" means a standard whichrequires conditions, or the adoption or use of one or more practices, means,methods, safety devices, operations or processes reasonably necessary andappropriate to provide safe and healthful employment and places of employment,and shall include all occupational safety and health standards adopted andpromulgated by the Secretary which also may be and are adopted by the State ofNorth Carolina under the provisions of this Article. This term includes but isnot limited to interim federal standards, consensus standards, any proprietarystandards or permanent standards, as well as temporary emergency standardswhich may be adopted by the Secretary, promulgated as provided by theOccupational Safety and Health Act of 1970, and which standards or regulationsare published in the Code of Federal Regulations or otherwise properlypromulgated under the federal act or any appropriate federal agencies.

(16)      The term"person" means one or more individuals, partnerships, associations,corporations, business trusts, legal representatives.

(17)      The term"Secretary" means the United States Secretary of Labor.

(18)      A "seriousviolation" shall be deemed to exist in a place of employment if there is asubstantial probability that death or serious physical harm could result from acondition which exists, or from one or more practices, means, methods,operations, or processes which have been adopted or are in use at such place ofemployment, unless the employer did not know, and could not, with the exerciseof reasonable diligence, know of the presence of the violation.

(19)      The term"State" means the State of North Carolina. (1973, c. 295, s. 2; 1987, c.282, s. 14; 2005‑133, s. 3.)