GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH40315-LR-150A
Short Title: 2025 Omnibus Labor Amendments.-AB (Public)
Sponsors: Representative K. Hall.
Referred to:
*DRH40315 -LR-150A*
A BILL TO BE ENTITLED 1
AN ACT MAKING OMNIBUS AMENDMENTS TO LAWS PERTAINING TO THE NORTH 2
CAROLINA DEPARTMENT OF LABOR. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.1. Article 16 of Chapter 95 of the General Statutes is amended by 5
adding a new section to read: 6
"§ 95-136.2. Commissioner and employees not subject to subpoena for testimony except in 7
certain circumstances. 8
(a) Neither the Commissioner nor any employee or former employee of the Department 9
is subject to a subpoena for appearance for purposes of inquiry into any occupational safety and 10
health inspection, except in one of the following circumstances: 11
(1) An enforcement proceeding is brought under this Article. 12
(2) An action is filed in which the Department is a party. 13
(3) The Commissioner consents in writing to waive the exemption provided by 14
this section. 15
(4) A court finds all of the following: 16
a. The information sought is essential to the underlying case. 17
b. There are no reasonable alternative means for acquiring the 18
information. 19
c. A significant injustice would occur if the requested testimony was not 20
available. 21
(b) The party that issued the subpoena shall pay to the Department a witness fee in the 22
amount of five hundred dollars ($500.00) per day. 23
(c) This section does not apply to a subpoena requesting only documents or other 24
records." 25
SECTION 1.2. G.S. 150B-21.5 is amended by adding a new subsection to read: 26
"(c1) OSHA Standard. – The Occupational Safety and Health Division of the Department 27
of Labor is not required to publish a notice of text in the North Carolina Register or hold a public 28
hearing when it proposes to adopt a rule that concerns an occupational safety and health standard 29
that is identical to a federal regulation promulgated by the Secretary of the United States 30
Department of Labor. The Division shall file the rule with the Commission for the purpose of 31
receiving written objections to the rule in accordance with G.S. 150B-21.3(b2)." 32
SECTION 1.3.(a) G.S. 95-135(d) reads as rewritten: 33
"(d) Every official act of the Commission shall be entered of record and its hearings and 34
records shall be open to the public. The Commission is authorized and empowered to make such 35
procedural rules as are necessary for the orderly transaction of its proceedings. Unless the 36
H.B. 568
Mar 27, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH40315-LR-150A
Commission adopts a different rule, the proceedings, as nearly as possible, shall be in accordance 1
with the Rules of Civil Procedure, G.S. 1A-1. The Commission may order testimony to be taken 2
by deposition in any proceeding pending before it at any stage of such proceeding. Any person, 3
firm or corporation, and its agents or officials, may be compelled to appear and testify and 4
produce like documentary evidence before the Commission. Commission, except that upon 5
motion of a respondent, the Commission shall require prehearing discovery, order that testimony 6
be taken by deposition, compel production of documents, and compel persons to appear. 7
Witnesses whose depositions are taken under this section, and the persons taking such 8
depositions, shall be entitled to the same fees as are paid for like services in the courts of the 9
State." 10
SECTION 1.3.(b) This section shall apply to citations issued on or after the effective 11
date of this act. 12
SECTION 1.4. G.S. 130A-385(e) reads as rewritten: 13
"(e) In cases where death occurred due to an injury received in the course of the decedent's 14
employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of 15
the medical examiner's report of the investigation, including the location of the fatal injury and 16
the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical 17
Examiner shall forward this report within 30 days of receipt of the information from the medical 18
examiner. Upon written request by the Commissioner of Labor, the Chief Medical Examiner 19
shall provide the finalized autopsy report within five months of the date of the request." 20
SECTION 1.5. G.S. 95-36.3(c) reads as rewritten: 21
"(c) The Commissioner of Labor, with the written approval of the Attorney General as to 22
legality, shall have power to adopt, alter, amend or repeal appropriate rules of procedure for 23
selection of the arbitrator or panel and for conduct of the arbitration proceedings in accordance 24
with this Article: Provided, however, that such rules shall be inapplicable to the extent that they 25
are inconsistent with the arbitration agreement of the parties." 26
SECTION 1.6.(a) G.S. 95-110.2 reads as rewritten: 27
"§ 95-110.2. Scope. 28
This Article shall govern the design, construction, installation, plans review, testing, 29
inspection, certification, operation, use, maintenance, alteration, relocation and investigation of 30
accidents involving: 31
(1) Elevators, dumbwaiters, escalators, and moving walks; 32
(2) Personnel hoists; 33
(3) Inclined stairway chair lifts; 34
(4) Inclined and vertical wheelchair lifts; 35
(5) Manlifts; and 36
(6) Special equipment. 37
This Article shall not apply to devices and equipment located and operated in a single family 38
residence, residence. This Article shall not apply to conveyors and related equipment within the 39
scope of the American National Standard Safety Standard for Conveyors and Related Equipment 40
(ANSI/ASME B20.1) constructed, installed and used exclusively for the movement of materials, 41
or to mining equipment specifically covered by the Federal Mine Safety and Health Act or the 42
Mine Safety and Health Act of North Carolina or the rules and regulations adopted pursuant 43
thereto." 44
SECTION 1.6.(b) G.S. 95-110.3 reads as rewritten: 45
"§ 95-110.3. Definitions. 46
(a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or 47
his the Commissioner's authorized representative. 48
(b) The term "Director" shall mean the Director of the Elevator and Amusement Device 49
Division Bureau of the North Carolina Department of Labor. 50
…." 51 General Assembly Of North Carolina Session 2025
DRH40315-LR-150A Page 3
SECTION 1.6.(c) G.S. 95-110.4 reads as rewritten: 1
"§ 95-110.4. Elevator and Amusement Device Division Bureau established. 2
There is hereby created an Elevator and Amusement Device Division Bureau within the 3
Department of Labor. The Commissioner shall appoint a director of the Elevator and Amusement 4
Device Division Bureau and such other employees as the Commissioner deems necessary to 5
assist the director in administering the provisions of this Article." 6
SECTION 1.6.(d) G.S. 95-110.5 reads as rewritten: 7
"§ 95-110.5. Powers and duties of Commissioner. 8
The Commissioner of Labor is hereby empowered:empowered to do all of the following: 9
(1) To delegate to the Director of the Elevator and Amusement Device Division 10
Bureau such powers, duties and responsibilities as the Commissioner 11
determines will best serve the public interest in the safe operation of lifting 12
devices and equipment;equipment. 13
(2) To supervise the Director of the Elevator and Amusement Device 14
Division;Bureau. 15
(3) To adopt, modify, or revoke such rules and regulations as are necessary for 16
the purpose of carrying out the provisions of this Article including, but not 17
limited to, those governing the design, construction, installation, plans review, 18
testing, inspection, certification, operation, use, maintenance, alteration and 19
relocation of devices and equipment subject to the provisions of this Article. 20
The rules and regulations promulgated pursuant to this rulemaking authority 21
shall conform with good engineering practice as evidenced generally by the 22
most recent editions of the American National Standard Safety Code for 23
Elevators, Dumbwaiters, Escalators and Moving Walks, the National 24
Electrical Code, the American National Standard Safety Requirements for 25
Personnel Hoists, the American National Standard Safety Code for Manlifts, 26
the American National Standard Safety Standard for Conveyors and Related 27
Equipment and similar codes promulgated by agencies engaged in research 28
concerning strength of material, safe design, and other factors bearing upon 29
the safe operation of the devices and equipment subject to the provisions of 30
this Article. The rules and regulations may apply different standards to devices 31
and equipment subject to this Article depending upon their date of installation. 32
The rules and regulations for special equipment shall not adopt specifically 33
any portion of the American National Standard Safety Code for Elevators, 34
Dumbwaiters, Escalators and Moving Walks to inclined and vertical 35
reciprocating conveyors;conveyors. 36
(4) To enforce rules and regulations adopted under authority of this 37
Article;Article. 38
(5) To inspect and have tested for acceptance all new, altered or relocated devices 39
or equipment subject to the provisions of this Article;Article. 40
(6) To make maintenance and periodic inspections and tests of all devices and 41
equipment subject to the provisions of this Article as often as every six 42
months;months. 43
(7) To issue certificates of operation which certify for use such devices and 44
equipment as are found to be in compliance with this Article and the rules and 45
regulations promulgated thereunder;thereunder. 46
(8) To have free access, with or without notice, to the devices and equipment 47
subject to the provisions of this Article, during reasonable hours, for purposes 48
of inspection or testing;testing. 49 General Assembly Of North Carolina Session 2025
Page 4 DRH40315-LR-150A
(9) To obtain an Administrative Search and Inspection Warrant in accordance 1
with the provisions of Article 4A of Chapter 15 of the General 2
Statutes;Statutes. 3
(10) To investigate accidents involving the devices and equipment subject to the 4
provisions of this Article to determine the cause of such accident, and he shall 5
have full subpoena powers in conducting such investigation;investigation. 6
(11) To institute proceedings in the civil or criminal courts of this State, when a 7
provision of this Article or the rules and regulations promulgated thereunder 8
has been violated;violated. 9
(12) To issue a limited certificate of operation for any device or equipment subject 10
to the provisions of this Article to allow the temporary or restricted use 11
thereof;thereof. 12
(13) To adopt, modify or revoke rules and regulations governing the qualifications 13
of inspectors;inspectors. The Commissioner may waive or amend the 14
American National Safety Standards from the American National Standards 15
Institute as those standards relate to the qualifications of inspectors in this 16
State if the Commissioner sets alternative standards that are reasonably 17
equivalent, as determined by the Commissioner. 18
(14) To grant exceptions from the requirements of the rules and regulations 19
promulgated under authority of this Article and to permit the use of other 20
devices when such exceptions and uses will not expose the public to an unsafe 21
condition likely to result in serious personal injury or property 22
damage;damage. 23
(15) To require that a construction permit must be obtained from the Commissioner 24
before any device or equipment subject to the provisions of this Article is 25
installed, altered or moved from one place to another and to require that the 26
Commissioner must be supplied with whatever plans, diagrams or other data 27
he deems necessary to determine whether or not the proposed construction is 28
in compliance with the provisions of this Article and the rules and regulations 29
promulgated thereunder;thereunder. 30
(16) To prohibit the use of any device or equipment subject to the provisions of 31
this Article which is found upon inspection to expose the public to an unsafe 32
condition likely to cause personal injury or property damage. Such device or 33
equipment shall be made operational only upon the Commissioner's 34
determination that such device or equipment has been made safe;safe. 35
(17) To order the payment of all civil penalties provided by this Article. Funds 36
collected pursuant to a civil penalty order shall be deposited with the State 37
Treasurer;Treasurer. 38
(18) To require that any device or equipment subject to the provisions of this 39
Article which has been out-of-service and not continuously maintained for one 40
or more years shall not be returned to service without first complying with all 41
rules and regulations governing existing installations; andinstallations. 42
(19) To coordinate enforcement and inspection activity relative to equipment, 43
devices and operations covered by this Article in order to minimize 44
duplication of liability or regulatory responsibility on the part of the employer 45
or owner. 46
(20) To establish fees not to exceed two hundred dollars ($200.00) one thousand 47
dollars ($1,000) for the inspection and issuance of certificates of operation for 48
all devices and equipment subject to this Article upon installation or alteration, 49
for each follow-up inspection, and for annual periodic inspections thereafter." 50
SECTION 1.6.(e) G.S. 95-110.9(b) reads as rewritten: 51 General Assembly Of North Carolina Session 2025
DRH40315-LR-150A Page 5
"(b) The Commissioner, without delay, after notification and determination that an 1
occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a 2
complete and thorough investigation of the occurrence. The report of the investigation shall be 3
placed on file in the office of the division bureau and shall give in detail all facts and information 4
available. The owner may submit for inclusion in the file results of investigations independent of 5
the department's investigation." 6
SECTION 1.7.(a) G.S. 95-111.3(6) reads as rewritten: 7
"(6) Director. – The Director of the Elevator and Amusement Device Division 8
Bureau of the North Carolina Department of Labor." 9
SECTION 1.7.(b) G.S. 95-111.4 reads as rewritten: 10
"§ 95-111.4. Powers and duties of Commissioner. 11
The Commissioner of Labor is hereby empowered to do all of the following: 12
(1) To delegate to the Director of the Elevator and Amusement Device Division 13
Bureau such powers, duties and responsibilities as the Commissioner 14
determines will best serve the public interest in the safe operation of 15
amusement devices. 16
(2) To supervise the Director of the Elevator and Amusement Device 17
Division.Bureau. 18
… 19
(13) To adopt, modify or revoke rules and regulations governing the qualifications 20
of inspectors. The Commissioner may waive or amend the American National 21
Safety Standards from the American National Standards Institute as those 22
standards relate to the qualifications of inspectors in this State if the 23
Commissioner sets alternative standards that are reasonably equivalent, as 24
determined by the Commissioner. 25
… 26
(19) To establish fees not to exceed two hundred fifty dollars ($250.00) one 27
thousand dollars ($1,000) for the inspection and issuance of certificates of 28
operation for devices subject to this Article that are in use." 29
SECTION 1.7.(c) G.S. 95-111.10(b) reads as rewritten: 30
"(b) The Commissioner, without delay, after notification and determination that an 31
occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a 32
complete and thorough investigation of the occurrence. The report of the investigation shall be 33
placed on file in the office of the division bureau and shall give in detail all facts and information 34
available. The owner may submit for inclusion in the file results of investigations independent of 35
the department's investigation." 36
SECTION 1.8. G.S. 95-125.2(b) reads as rewritten: 37
"(b) The Commissioner, without delay, after notification and determination that an 38
occurrence involving injury or damage as specified in subsection (a) of this section has occurred, 39
shall make a complete and thorough investigation of the occurrence. The report of the 40
investigation shall be placed on file in the office of the division bureau and shall give in detail all 41
facts and information available. The owner may submit for inclusion in the file results of 42
investigations independent of the department's investigation." 43
SECTION 2.1. Unless otherwise provided, this act is effective when it becomes law. 44