§ 95-133. Office of Director of Occupational Safety and Health; powers and duties of the Director.
§ 95‑133. Office ofDirector of Occupational Safety and Health; powers and duties of the Director.
(a) There is herebycreated and established in the North Carolina Department of Labor a division tobe known as the Occupational Safety and Health Division. The Commissioner shallappoint a Director to administer this division who shall be subject to thedirection and supervision of the Commissioner. The Director shall carry out theresponsibilities of the State of North Carolina as prescribed under the OccupationalSafety and Health Act of 1970, and any subsequent federal laws or regulationsrelating to occupational safety and health, and this Article, as written,revised or amended by legislative enactment and as delegated or authorized bythe Commissioner. The Commissioner shall make and promulgate such rules,amendments, or revisions in rules, as he may deem advisable for theadministration of the office, he shall also accept and use the services,facilities, and personnel of any agency of the State or of any subdivision ofState government, either as a free service or by reimbursement. The Directorshall devote full time to his duties of office and shall not hold any otheroffice. The Director, subject to the approval of the Commissioner, shall selecta professional staff of qualified and competent employees to assist in thestatewide administration of the Article. All of the employees referred toherein shall be under the classified service, as herein defined in G.S. 95‑127,subdivision (3).
(b) Subject to thegeneral supervision of the Commissioner and Deputy Commissioner, the Directorshall be responsible for the administration and enforcement of all laws, rulesand regulations which it is the duty of the Division to administer and enforce.The Director shall have the power, jurisdiction and authority to:
(1) Uniformlysuperintend, enforce and administer applicable occupational safety and healthlaws of the State of North Carolina;
(2) Make or cause to bemade all necessary inspections, analyses and research for the purpose of seeingthat all laws and rules and regulations which the office has the duty, powerand authority to enforce are promptly and effectively carried out;
(3) Make all necessaryinvestigations, develop information and reports upon conditions of employeesafety and health, and upon all matters relating to the enforcement of thisArticle and all lawful regulations issued thereunder;
(4) Report to theFederal Occupational Safety and Health Administration any information which itmay require;
(5) Recommend to theCommissioner such rules, regulations, standards, or changes in rules,regulations and standards which the Director deems advisable for the preventionof accidents, occupational hazards or the prevention of industrial oroccupational diseases;
(6) Recommend to theCommissioner that he institute proceedings to remove from his or her positionany employee of the Office who accepts any favor, privilege, money, object ofvalue, or property of any kind whatsoever or who shall give prior notice of acompliance inspection of a work place unless authorized under the provisions ofthis Article;
(7) Employ experts,consultants or organizations for work related to the occupational safety andhealth program of the Division and compensate same with the approval of theCommissioner;
(8) Institute hearings,investigations, request the issuance of citations and propose such penalties ashe may in his judgment consider necessary to carry out the provisions of thisArticle;
(9) The Commissionershall have the power and authority to issue all types of notices, citations,cease and desist orders, or any other pleading, form or notice necessary toenforce compliance with this Article as hereinafter set forth. The Commissioneris also empowered and authorized to apply to the courts of the State havingjurisdiction for orders or injunctions restraining unlawful acts and practicesprohibited by this Article or not in compliance with this Article and to applyfor mandatory injunctions to compel enforcement of the Article, and theCommissioner is authorized, and further authorized by and through his agents,to institute criminal actions or proceedings for such violations of the Articleas are subject to criminal penalties. The Director shall recommend to theCommissioner the imposition and amount of civil penalties provided by thisArticle, and the Commissioner may institute such proceedings as necessary forthe enforcement and payment of such civil penalties subject to such review ofthe Commission as hereinafter set forth.
(10) The Director mayrecommend to the Commissioner that any person, firm, corporation or witness becited for contempt or for punishment as of contempt, and the Commissioner isauthorized to enter any order of contempt or as of contempt as he may deemproper and necessary, and any hearing examiner may recommend to theCommissioner that such order or citation for contempt be made.
(11) The Commissioner orthe Director, or their authorized agents, shall have the power and authority toissue subpoenas for witnesses and for the production of any and all papers anddocuments necessary for any hearing or other proceeding and to require the sameto be served by the process officers of the State. The Commissioner and theDirector may administer any and all oaths that are necessary in the enforcementof this Article and may certify as to the authenticity of all records, papers,documents and transcripts under the seal of the Department of Labor.
(12) All orders,citations, cease and desist orders, stop orders, sanctions and contempt orders,civil penalties and the proceedings thereon shall be subject to review by theCommission as hereinafter provided, including all assessments for civilpenalties. (1973,c. 295, s. 8; 2005‑133, s. 4.)