§ 95-223. Definitions.
§ 95‑223. Definitions.
As used in this Article,unless the context requires otherwise:
(1) "Agriculturalemployment" means employment in any service or activity included withinthe provisions of Section 3(f) of the Fair Labor Standards Act of 1938, or section3121(g) of the Internal Revenue Code of 1986; and the handling, planting,drying, packing, packaging, processing, freezing, or grading prior to deliveryfor storage of any agricultural or horticultural commodity in itsunmanufactured state and including the harvesting of Christmas trees, and theharvesting of saltwater crabs;
(2) "Commissioner"means the Commissioner of Labor of North Carolina;
(3) "Day"means a calendar day;
(3a) "Director"means the Director of the Agricultural Safety and Health Bureau, who is theagent designated by the Commissioner to assist in the administration of thisArticle.
(4) "Establishedfederal standard" means those standards as set out in, and interpretationsissued by, the Secretary of the United States Department of Labor in 29 C.F.R.1910.142, as amended;
(5) "Migrant"means an individual, and his dependents, who is employed in agriculturalemployment of a seasonal or other temporary nature, and who is required to beabsent overnight from his permanent place of residence;
(6) "Migranthousing" means any facility, structure, real property, or other unit thatis established, operated, or used as living quarters for migrants;
(7) "Operator"means any person who owns or controls migrant housing; and
(8) "Person"means an individual, partnership, association, joint stock company,corporation, trust, or legal representative;
(9) "Substantiveviolation" means a violation of a safety and health standard, includingthose that provide fire prevention, and adequate and sanitary supply of water,plumbing maintenance, structurally sound construction of buildings, effectivemaintenance of those buildings, provision of adequate heat as weatherconditions require, and reasonable protection for inhabitants from insects androdents. A substantive violation does not include technical or proceduralviolations of safety and health standards. (1989, c. 91, s. 2; 1993, c. 300, s. 3; 2007‑548,s. 1.)