§ 95-148. Safety and health programs of State agencies and local governments.
§95‑148. Safety and health programs of State agencies and localgovernments.
It shall be the responsibilityof each administrative department, commission, board, division or other agencyof the State and of counties, cities, towns and subdivisions of government toestablish and maintain an effective and comprehensive occupational safety andhealth program which is consistent with the standards and regulationspromulgated under this Article. The head of each agency shall:
(1) Provide safe andhealthful places and conditions of employment, consistent with the standardsand regulations promulgated by this Article;
(2) Acquire, maintain,and require the use of safety equipment, personal protective equipment, anddevices reasonably necessary to protect employees;
(3) Consult with andencourage employees to cooperate in achieving safe and healthful workingconditions;
(4) Keep adequaterecords of all occupational accidents and illnesses for proper evaluation andcorrective action;
(5) Consult with theCommissioner as to the adequacy as to form and content of records kept pursuantto this section;
(6) Make an annualreport to the Commissioner with respect to occupational accidents and injuriesand the agency's program under this section.
The Commissioner shall transmitannually to the Governor and the General Assembly a report of the activities ofthe State agency and instrumentalities under this section. If the Commissionerhas reason to believe that any local government program or program of anyagency of the State is ineffective, he shall, after unsuccessfully seeking bynegotiations to abate such failure, include this in his annual report to theGovernor and the General Assembly, together with the reasons therefor, and mayrecommend legislation intended to correct such condition.
The Commissioner shall haveaccess to the records and reports kept and filed by State agencies andinstrumentalities pursuant to this section unless such records and reports arerequired to be kept secret in the interest of national defense, in which casethe Commissioner shall have access to such information as will not jeopardizenational defense.
Employees of any agency ordepartment covered under this section are afforded the same rights andprotections as granted employees in the private sector.
This section shall not applyto volunteer fire departments not a part of any municipality.
Any municipality with apopulation of 10,000 or less may exclude its fire department from the operationof this section by a resolution of the governing body of the municipality,except that the resolution may not exclude those firefighters who are employeesof the municipality.
The North Carolina Fire andRescue Commission shall recommend regulations and standards for firedepartments. (1973, c. 295, s. 23; 1983, c. 164; 1985, c. 544;1989, c. 750, s. 3; 1991 (Reg. Sess., 1992), c. 1020, s. 1.)