North Carolina 2025-2026 Regular Session

North Carolina House Bill H568 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 2
	3	+	H 1
4	4		HOUSE BILL 568
5		-	~~Committee Substitute Favorable 4/15/25~~
	5	+
6	6
7	7		Short Title: 2025 Omnibus Labor Amendments.-AB (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representatives K. Hall, Huneycutt, Gable, and Schietzelt (Primary Sponsors).
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Judiciary 2, if favorable, Commerce and Economic Development, if favorable,
	11	+	Rules, Calendar, and Operations of the House
10	12		March 31, 2025
11		-	H568 -v-2
	13	+	H568 -v-1
12	14		A BILL TO BE ENTITLED 1
13	15		AN ACT MAKING OMNIBU S AMENDMENTS TO LAWS PERTAINING TO THE NORTH 2
14	16		CAROLINA DEPARTMENT OF LABOR. 3
15	17		The General Assembly of North Carolina enacts: 4
16	18		SECTION 1.1. Article 16 of Chapter 95 of the General Statutes is amended by 5
17	19		adding a new section to read: 6
18	20		"§ 95-136.2. Commissioner and employees not subject to subpoena for testimony except in 7
19	21		certain circumstances. 8
20	22		(a) Neither the Commissioner nor any employee or former employee of the Department 9
21	23		is subject to a subpoena for appearance for purposes of inquiry into any occupational safety and 10
22	24		health inspection, except in one of the following circumstances: 11
23	25		(1) An enforcement proceeding is brought under this Article. 12
24	26		(2) An action is filed in which the Department is a party. 13
25	27		(3) The Commissioner consents in writing to waive the exemption provided by 14
26	28		this section. 15
27	29		(4) A court finds all of the following: 16
28	30		a. The information sought is essential to the underlying case. 17
29	31		b. There are no reasonable alternative means for acquiring the 18
30	32		information. 19
31	33		c. A significant injustice would occur if the requested testimony was not 20
32	34		available. 21
33		-	(b) This section does not apply to a subpoena requesting only documents or other 22
34		-	records." 23
35		-	SECTION 1.2. G.S. 150B-21.5 is amended by adding a new subsection to read: 24
36		-	"(c1) OSHA Standard. – The Occupational Safety and Health Division of the Department 25
37		-	of Labor is not required to publish a notice of text in the North Carolina Register or hold a public 26
38		-	hearing when it proposes to adopt a rule that concerns an occupational safety and health standard 27
39		-	that is identical to a federal regulation promulgated by the Secretary of the United States 28
40		-	Department of Labor. The Division shall file the rule with the Commission for the purpose of 29
41		-	receiving written objections to the rule in accordance with G.S. 150B-21.3(b2)." 30
42		-	SECTION 1.3.(a) G.S. 95-135(d) reads as rewritten: 31
43		-	"(d) Every official act of the Commission shall be entered of record and its hearings and 32
44		-	records shall be open to the public. The Commission is authorized and empowered to make such 33
45		-	procedural rules as are necessary for the orderly transaction of its proceedings. Unless the 34
46		-	Commission adopts a different rule, the proceedings, as nearly as possible, shall be in accordance 35
47		-	with the Rules of Civil Procedure, G.S. 1A-1. The Commission may order testimony to be taken 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 568-Second Edition
49		-	by deposition in any proceeding pending before it at any stage of such proceeding. Any person, 1
50		-	firm or corporation, and its agents or officials, may be compelled to appear and testify and 2
51		-	produce like documentary evidence before the Commission. Commission, except that upon 3
52		-	motion of a respondent, the Commission shall require prehearing discovery, order that testimony 4
53		-	be taken by deposition, compel production of documents, and compel persons to appear. 5
54		-	Witnesses whose depositions are taken under this section, and the persons taking such 6
55		-	depositions, shall be entitled to the same fees as are paid for like services in the courts of the 7
56		-	State." 8
57		-	SECTION 1.3.(b) This section shall apply to citations issued on or after the effective 9
58		-	date of this act. 10
59		-	SECTION 1.4. G.S. 130A-385(e) reads as rewritten: 11
60		-	"(e) In cases where death occurred due to an injury received in the course of the decedent's 12
61		-	employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of 13
62		-	the medical examiner's report of the investigation, including the location of the fatal injury and 14
63		-	the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical 15
64		-	Examiner shall forward this report within 30 days of receipt of the information from the medical 16
65		-	examiner. Upon written request by the Commissioner of Labor, the Chief Medical Examiner 17
66		-	shall provide the finalized autopsy report within five months of the date of the request." 18
67		-	SECTION 1.5. G.S. 95-36.3(c) reads as rewritten: 19
68		-	"(c) The Commissioner of Labor, with the written approval of the Attorney General as to 20
69		-	legality, shall have power to adopt, alter, amend or repeal appropriate rules of procedure for 21
70		-	selection of the arbitrator or panel and for conduct of the arbitration proceedings in accordance 22
71		-	with this Article: Provided, however, that such rules shall be inapplicable to the extent that they 23
72		-	are inconsistent with the arbitration agreement of the parties." 24
73		-	SECTION 1.6.(a) G.S. 95-110.2 reads as rewritten: 25
74		-	"§ 95-110.2. Scope. 26
75		-	This Article shall govern the design, construction, installation, plans review, testing, 27
76		-	inspection, certification, operation, use, maintenance, alteration, relocation and investigation of 28
77		-	accidents involving: 29
78		-	(1) Elevators, dumbwaiters, escalators, and moving walks; 30
79		-	(2) Personnel hoists; 31
80		-	(3) Inclined stairway chair lifts; 32
81		-	(4) Inclined and vertical wheelchair lifts; 33
82		-	(5) Manlifts; and 34
83		-	(6) Special equipment. 35
84		-	This Article shall not apply to devices and equipment located and operated in a single family 36
85		-	residence, residence. This Article shall not apply to conveyors and related equipment within the 37
86		-	scope of the American National Standard Safety Standard for Conveyors and Related Equipment 38
87		-	(ANSI/ASME B20.1) constructed, installed and used exclusively for the movement of materials, 39
88		-	or to mining equipment specifically covered by the Federal Mine Safety and Health Act or the 40
89		-	Mine Safety and Health Act of North Carolina or the rules and regulations adopted pursuant 41
90		-	thereto." 42
91		-	SECTION 1.6.(b) G.S. 95-110.3 reads as rewritten: 43
92		-	"§ 95-110.3. Definitions. 44
93		-	(a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or 45
94		-	his the Commissioner's authorized representative. 46
95		-	(b) The term "Director" shall mean the Director of the Elevator and Amusement Device 47
96		-	Division Bureau of the North Carolina Department of Labor. 48
97		-	…." 49
98		-	SECTION 1.6.(c) G.S. 95-110.4 reads as rewritten: 50
99		-	"§ 95-110.4. Elevator and Amusement Device Division Bureau established. 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 568-Second Edition Page 3
101		-	There is hereby created an Elevator and Amusement Device Division Bureau within the 1
102		-	Department of Labor. The Commissioner shall appoint a director of the Elevator and Amusement 2
103		-	Device Division Bureau and such other employees as the Commissioner deems necessary to 3
104		-	assist the director in administering the provisions of this Article." 4
105		-	SECTION 1.6.(d) G.S. 95-110.5 reads as rewritten: 5
106		-	"§ 95-110.5. Powers and duties of Commissioner. 6
107		-	The Commissioner of Labor is hereby empowered:empowered to do all of the following: 7
108		-	(1) To delegate to the Director of the Elevator and Amusement Device Division 8
109		-	Bureau such powers, duties and responsibilities as the Commissioner 9
110		-	determines will best serve the public interest in the safe operation of lifting 10
111		-	devices and equipment;equipment. 11
112		-	(2) To supervise the Director of the Elevator and Amusement Device 12
113		-	Division;Bureau. 13
114		-	(3) To adopt, modify, or revoke such rules and regulations as are necessary for 14
115		-	the purpose of carrying out the provisions of this Article including, but not 15
116		-	limited to, those governing the design, construction, installation, plans review, 16
117		-	testing, inspection, certification, operation, use, maintenance, alteration and 17
118		-	relocation of devices and equipment subject to the provisions of this Article. 18
119		-	The rules and regulations promulgated pursuant to this rulemaking authority 19
120		-	shall conform with good engineering practice as evidenced generally by the 20
121		-	most recent editions of the American National Standard Safety Code for 21
122		-	Elevators, Dumbwaiters, Escalators and Moving Walks, the National 22
123		-	Electrical Code, the American National Standard Safety Requirements for 23
124		-	Personnel Hoists, the American National Standard Safety Code for Manlifts, 24
125		-	the American National Standard Safety Standard for Conveyors and Related 25
126		-	Equipment and similar codes promulgated by agencies engaged in research 26
127		-	concerning strength of material, safe design, and other factors bearing upon 27
128		-	the safe operation of the devices and equipment subject to the provisions of 28
129		-	this Article. The rules and regulations may apply different standards to devices 29
130		-	and equipment subject to this Article depending upon their date of installation. 30
131		-	The rules and regulations for special equipment shall not adopt specifically 31
132		-	any portion of the American National Standard Safety Code for Elevators, 32
133		-	Dumbwaiters, Escalators and Moving Walks to inclined and vertical 33
134		-	reciprocating conveyors;conveyors. 34
135		-	(4) To enforce rules and regulations adopted under authority of this 35
136		-	Article;Article. 36
137		-	(5) To inspect and have tested for acceptance all new, altered or relocated devices 37
138		-	or equipment subject to the provisions of this Article;Article. 38
139		-	(6) To make maintenance and periodic inspections and tests of all devices and 39
140		-	equipment subject to the provisions of this Article as often as every six 40
141		-	months;months. 41
142		-	(7) To issue certificates of operation which certify for use such devices and 42
143		-	equipment as are found to be in compliance with this Article and the rules and 43
144		-	regulations promulgated thereunder;thereunder. 44
145		-	(8) To have free access, with or without notice, to the devices and equipment 45
146		-	subject to the provisions of this Article, during reasonable hours, for purposes 46
147		-	of inspection or testing;testing. 47
148		-	(9) To obtain an Administrative Search and Inspection Warrant in accordance 48
149		-	with the provisions of Article 4A of Chapter 15 of the General 49
150		-	Statutes;Statutes. 50 General Assembly Of North Carolina Session 2025
151		-	Page 4 House Bill 568-Second Edition
152		-	(10) To investigate accidents involving the devices and equipment subject to the 1
153		-	provisions of this Article to determine the cause of such accident, and he shall 2
154		-	have full subpoena powers in conducting such investigation;investigation. 3
155		-	(11) To institute proceedings in the civil or criminal courts of this State, when a 4
156		-	provision of this Article or the rules and regulations promulgated thereunder 5
157		-	has been violated;violated. 6
158		-	(12) To issue a limited certificate of operation for any device or equipment subject 7
159		-	to the provisions of this Article to allow the temporary or restricted use 8
160		-	thereof;thereof. 9
161		-	(13) To adopt, modify or revoke rules and regulations governing the qualifications 10
162		-	of inspectors;inspectors. 11
163		-	(14) To grant exceptions from the requirements of the rules and regulations 12
164		-	promulgated under authority of this Article and to permit the use of other 13
165		-	devices when such exceptions and uses will not expose the public to an unsafe 14
166		-	condition likely to result in serious personal injury or property 15
167		-	damage;damage. 16
168		-	(15) To require that a construction permit must be obtained from the Commissioner 17
169		-	before any device or equipment subject to the provisions of this Article is 18
170		-	installed, altered or moved from one place to another and to require that the 19
171		-	Commissioner must be supplied with whatever plans, diagrams or other data 20
172		-	he deems necessary to determine whether or not the proposed construction is 21
173		-	in compliance with the provisions of this Article and the rules and regulations 22
174		-	promulgated thereunder;thereunder. 23
175		-	(16) To prohibit the use of any device or equipment subject to the provisions of 24
176		-	this Article which is found upon inspection to expose the public to an unsafe 25
177		-	condition likely to cause personal injury or property damage. Such device or 26
178		-	equipment shall be made operational only upon the Commissioner's 27
179		-	determination that such device or equipment has been made safe;safe. 28
180		-	(17) To order the payment of all civil penalties provided by this Article. Funds 29
181		-	collected pursuant to a civil penalty order shall be deposited with the State 30
182		-	Treasurer;Treasurer. 31
183		-	(18) To require that any device or equipment subject to the provisions of this 32
184		-	Article which has been out-of-service and not continuously maintained for one 33
185		-	or more years shall not be returned to service without first complying with all 34
186		-	rules and regulations governing existing installations; andinstallations. 35
187		-	(19) To coordinate enforcement and inspection activity relative to equipment, 36
188		-	devices and operations covered by this Article in order to minimize 37
189		-	duplication of liability or regulatory responsibility on the part of the employer 38
190		-	or owner. 39
191		-	(20) To establish fees not to exceed two hundred dollars ($200.00) for the 40
192		-	inspection and issuance of certificates of operation for all devices and 41
193		-	equipment subject to this Article upon installation or alteration, for each 42
194		-	follow-up inspection, and for annual periodic inspections thereafter." 43
195		-	SECTION 1.6.(e) G.S. 95-110.9(b) reads as rewritten: 44
196		-	"(b) The Commissioner, without delay, after notification and determination that an 45
197		-	occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a 46
198		-	complete and thorough investigation of the occurrence. The report of the investigation shall be 47
199		-	placed on file in the office of the division bureau and shall give in detail all facts and information 48
200		-	available. The owner may submit for inclusion in the file results of investigations independent of 49
201		-	the department's investigation." 50
202		-	SECTION 1.7.(a) G.S. 95-111.3(6) reads as rewritten: 51 General Assembly Of North Carolina Session 2025
203		-	House Bill 568-Second Edition Page 5
204		-	"(6) Director. – The Director of the Elevator and Amusement Device Division 1
205		-	Bureau of the North Carolina Department of Labor." 2
206		-	SECTION 1.7.(b) G.S. 95-111.4 reads as rewritten: 3
207		-	"§ 95-111.4. Powers and duties of Commissioner. 4
208		-	The Commissioner of Labor is hereby empowered to do all of the following: 5
209		-	(1) To delegate to the Director of the Elevator and Amusement Device Division 6
210		-	Bureau such powers, duties and responsibilities as the Commissioner 7
211		-	determines will best serve the public interest in the safe operation of 8
212		-	amusement devices. 9
213		-	(2) To supervise the Director of the Elevator and Amusement Device 10
214		-	Division.Bureau. 11
215		-	…." 12
216		-	SECTION 1.7.(c) G.S. 95-111.10(b) reads as rewritten: 13
217		-	"(b) The Commissioner, without delay, after notification and determination that an 14
218		-	occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a 15
219		-	complete and thorough investigation of the occurrence. The report of the investigation shall be 16
220		-	placed on file in the office of the division bureau and shall give in detail all facts and information 17
221		-	available. The owner may submit for inclusion in the file results of investigations independent of 18
222		-	the department's investigation." 19
223		-	SECTION 1.8. G.S. 95-125.2(b) reads as rewritten: 20
224		-	"(b) The Commissioner, without delay, after notification and determination that an 21
225		-	occurrence involving injury or damage as specified in subsection (a) of this section has occurred, 22
226		-	shall make a complete and thorough investigation of the occurrence. The report of the 23
227		-	investigation shall be placed on file in the office of the division bureau and shall give in detail all 24
228		-	facts and information available. The owner may submit for inclusion in the file results of 25
229		-	investigations independent of the department's investigation." 26
230		-	SECTION 2.1. Unless otherwise provided, this act is effective when it becomes law. 27
	35	+	(b) The party that issued the subpoena shall pay to the Department a witness fee in the 22
	36	+	amount of five hundred dollars ($500.00) per day. 23
	37	+	(c) This section does not apply to a subpoena requesting only documents or other 24
	38	+	records." 25
	39	+	SECTION 1.2. G.S. 150B-21.5 is amended by adding a new subsection to read: 26
	40	+	"(c1) OSHA Standard. – The Occupational Safety and Health Division of the Department 27
	41	+	of Labor is not required to publish a notice of text in the North Carolina Register or hold a public 28
	42	+	hearing when it proposes to adopt a rule that concerns an occupational safety and health standard 29
	43	+	that is identical to a federal regulation promulgated by the Secretary of the United States 30
	44	+	Department of Labor. The Division shall file the rule with the Commission for the purpose of 31
	45	+	receiving written objections to the rule in accordance with G.S. 150B-21.3(b2)." 32
	46	+	SECTION 1.3.(a) G.S. 95-135(d) reads as rewritten: 33 General Assembly Of North Carolina Session 2025
	47	+	Page 2 House Bill 568-First Edition
	48	+	"(d) Every official act of the Commission shall be entered of record and its hearings and 1
	49	+	records shall be open to the public. The Commission is authorized and empowered to make such 2
	50	+	procedural rules as are necessary for the orderly transaction of its proceedings. Unless the 3
	51	+	Commission adopts a different rule, the proceedings, as nearly as possible, shall be in accordance 4
	52	+	with the Rules of Civil Procedure, G.S. 1A-1. The Commission may order testimony to be taken 5
	53	+	by deposition in any proceeding pending before it at any stage of such proceeding. Any person, 6
	54	+	firm or corporation, and its agents or officials, may be compelled to appear and testify and 7
	55	+	produce like documentary evidence before the Commission. Commission, except that upon 8
	56	+	motion of a respondent, the Commission shall require prehearing discovery, order that testimony 9
	57	+	be taken by deposition, compel production of documents, and compel persons to appear. 10
	58	+	Witnesses whose depositions are taken under this section, and the persons taking such 11
	59	+	depositions, shall be entitled to the same fees as are paid for like services in the courts of the 12
	60	+	State." 13
	61	+	SECTION 1.3.(b) This section shall apply to citations issued on or after the effective 14
	62	+	date of this act. 15
	63	+	SECTION 1.4. G.S. 130A-385(e) reads as rewritten: 16
	64	+	"(e) In cases where death occurred due to an injury received in the course of the decedent's 17
	65	+	employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of 18
	66	+	the medical examiner's report of the investigation, including the location of the fatal injury and 19
	67	+	the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical 20
	68	+	Examiner shall forward this report within 30 days of receipt of the information from the medical 21
	69	+	examiner. Upon written request by the Commissioner of Labor, the Chief Medical Examiner 22
	70	+	shall provide the finalized autopsy report within five months of the date of the request." 23
	71	+	SECTION 1.5. G.S. 95-36.3(c) reads as rewritten: 24
	72	+	"(c) The Commissioner of Labor, with the written approval of the Attorney General as to 25
	73	+	legality, shall have power to adopt, alter, amend or repeal appropriate rules of procedure for 26
	74	+	selection of the arbitrator or panel and for conduct of the arbitration proceedings in accordance 27
	75	+	with this Article: Provided, however, that such rules shall be inapplicable to the extent that they 28
	76	+	are inconsistent with the arbitration agreement of the parties." 29
	77	+	SECTION 1.6.(a) G.S. 95-110.2 reads as rewritten: 30
	78	+	"§ 95-110.2. Scope. 31
	79	+	This Article shall govern the design, construction, installation, plans review, testing, 32
	80	+	inspection, certification, operation, use, maintenance, alteration, relocation and investigation of 33
	81	+	accidents involving: 34
	82	+	(1) Elevators, dumbwaiters, escalators, and moving walks; 35
	83	+	(2) Personnel hoists; 36
	84	+	(3) Inclined stairway chair lifts; 37
	85	+	(4) Inclined and vertical wheelchair lifts; 38
	86	+	(5) Manlifts; and 39
	87	+	(6) Special equipment. 40
	88	+	This Article shall not apply to devices and equipment located and operated in a single family 41
	89	+	residence, residence. This Article shall not apply to conveyors and related equipment within the 42
	90	+	scope of the American National Standard Safety Standard for Conveyors and Related Equipment 43
	91	+	(ANSI/ASME B20.1) constructed, installed and used exclusively for the movement of materials, 44
	92	+	or to mining equipment specifically covered by the Federal Mine Safety and Health Act or the 45
	93	+	Mine Safety and Health Act of North Carolina or the rules and regulations adopted pursuant 46
	94	+	thereto." 47
	95	+	SECTION 1.6.(b) G.S. 95-110.3 reads as rewritten: 48
	96	+	"§ 95-110.3. Definitions. 49
	97	+	(a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or 50
	98	+	his the Commissioner's authorized representative. 51 General Assembly Of North Carolina Session 2025
	99	+	House Bill 568-First Edition Page 3
	100	+	(b) The term "Director" shall mean the Director of the Elevator and Amusement Device 1
	101	+	Division Bureau of the North Carolina Department of Labor. 2
	102	+	…." 3
	103	+	SECTION 1.6.(c) G.S. 95-110.4 reads as rewritten: 4
	104	+	"§ 95-110.4. Elevator and Amusement Device Division Bureau established. 5
	105	+	There is hereby created an Elevator and Amusement Device Division Bureau within the 6
	106	+	Department of Labor. The Commissioner shall appoint a director of the Elevator and Amusement 7
	107	+	Device Division Bureau and such other employees as the Commissioner deems necessary to 8
	108	+	assist the director in administering the provisions of this Article." 9
	109	+	SECTION 1.6.(d) G.S. 95-110.5 reads as rewritten: 10
	110	+	"§ 95-110.5. Powers and duties of Commissioner. 11
	111	+	The Commissioner of Labor is hereby empowered:empowered to do all of the following: 12
	112	+	(1) To delegate to the Director of the Elevator and Amusement Device Division 13
	113	+	Bureau such powers, duties and responsibilities as the Commissioner 14
	114	+	determines will best serve the public interest in the safe operation of lifting 15
	115	+	devices and equipment;equipment. 16
	116	+	(2) To supervise the Director of the Elevator and Amusement Device 17
	117	+	Division;Bureau. 18
	118	+	(3) To adopt, modify, or revoke such rules and regulations as are necessary for 19
	119	+	the purpose of carrying out the provisions of this Article including, but not 20
	120	+	limited to, those governing the design, construction, installation, plans review, 21
	121	+	testing, inspection, certification, operation, use, maintenance, alteration and 22
	122	+	relocation of devices and equipment subject to the provisions of this Article. 23
	123	+	The rules and regulations promulgated pursuant to this rulemaking authority 24
	124	+	shall conform with good engineering practice as evidenced generally by the 25
	125	+	most recent editions of the American National Standard Safety Code for 26
	126	+	Elevators, Dumbwaiters, Escalators and Moving Walks, the National 27
	127	+	Electrical Code, the American National Standard Safety Requirements for 28
	128	+	Personnel Hoists, the American National Standard Safety Code for Manlifts, 29
	129	+	the American National Standard Safety Standard for Conveyors and Related 30
	130	+	Equipment and similar codes promulgated by agencies engaged in research 31
	131	+	concerning strength of material, safe design, and other factors bearing upon 32
	132	+	the safe operation of the devices and equipment subject to the provisions of 33
	133	+	this Article. The rules and regulations may apply different standards to devices 34
	134	+	and equipment subject to this Article depending upon their date of installation. 35
	135	+	The rules and regulations for special equipment shall not adopt specifically 36
	136	+	any portion of the American National Standard Safety Code for Elevators, 37
	137	+	Dumbwaiters, Escalators and Moving Walks to inclined and vertical 38
	138	+	reciprocating conveyors;conveyors. 39
	139	+	(4) To enforce rules and regulations adopted under authority of this 40
	140	+	Article;Article. 41
	141	+	(5) To inspect and have tested for acceptance all new, altered or relocated devices 42
	142	+	or equipment subject to the provisions of this Article;Article. 43
	143	+	(6) To make maintenance and periodic inspections and tests of all devices and 44
	144	+	equipment subject to the provisions of this Article as often as every six 45
	145	+	months;months. 46
	146	+	(7) To issue certificates of operation which certify for use such devices and 47
	147	+	equipment as are found to be in compliance with this Article and the rules and 48
	148	+	regulations promulgated thereunder;thereunder. 49 General Assembly Of North Carolina Session 2025
	149	+	Page 4 House Bill 568-First Edition
	150	+	(8) To have free access, with or without notice, to the devices and equipment 1
	151	+	subject to the provisions of this Article, during reasonable hours, for purposes 2
	152	+	of inspection or testing;testing. 3
	153	+	(9) To obtain an Administrative Search and Inspection Warrant in accordance 4
	154	+	with the provisions of Article 4A of Chapter 15 of the General 5
	155	+	Statutes;Statutes. 6
	156	+	(10) To investigate accidents involving the devices and equipment subject to the 7
	157	+	provisions of this Article to determine the cause of such accident, and he shall 8
	158	+	have full subpoena powers in conducting such investigation;investigation. 9
	159	+	(11) To institute proceedings in the civil or criminal courts of this State, when a 10
	160	+	provision of this Article or the rules and regulations promulgated thereunder 11
	161	+	has been violated;violated. 12
	162	+	(12) To issue a limited certificate of operation for any device or equipment subject 13
	163	+	to the provisions of this Article to allow the temporary or restricted use 14
	164	+	thereof;thereof. 15
	165	+	(13) To adopt, modify or revoke rules and regulations governing the qualifications 16
	166	+	of inspectors;inspectors. The Commissioner may waive or amend the 17
	167	+	American National Safety Standards from the American National Standards 18
	168	+	Institute as those standards relate to the qualifications of inspectors in this 19
	169	+	State if the Commissioner sets alternative standards that are reasonably 20
	170	+	equivalent, as determined by the Commissioner. 21
	171	+	(14) To grant exceptions from the requirements of the rules and regulations 22
	172	+	promulgated under authority of this Article and to permit the use of other 23
	173	+	devices when such exceptions and uses will not expose the public to an unsafe 24
	174	+	condition likely to result in serious personal injury or property 25
	175	+	damage;damage. 26
	176	+	(15) To require that a construction permit must be obtained from the Commissioner 27
	177	+	before any device or equipment subject to the provisions of this Article is 28
	178	+	installed, altered or moved from one place to another and to require that the 29
	179	+	Commissioner must be supplied with whatever plans, diagrams or other data 30
	180	+	he deems necessary to determine whether or not the proposed construction is 31
	181	+	in compliance with the provisions of this Article and the rules and regulations 32
	182	+	promulgated thereunder;thereunder. 33
	183	+	(16) To prohibit the use of any device or equipment subject to the provisions of 34
	184	+	this Article which is found upon inspection to expose the public to an unsafe 35
	185	+	condition likely to cause personal injury or property damage. Such device or 36
	186	+	equipment shall be made operational only upon the Commissioner's 37
	187	+	determination that such device or equipment has been made safe;safe. 38
	188	+	(17) To order the payment of all civil penalties provided by this Article. Funds 39
	189	+	collected pursuant to a civil penalty order shall be deposited with the State 40
	190	+	Treasurer;Treasurer. 41
	191	+	(18) To require that any device or equipment subject to the provisions of this 42
	192	+	Article which has been out-of-service and not continuously maintained for one 43
	193	+	or more years shall not be returned to service without first complying with all 44
	194	+	rules and regulations governing existing installations; andinstallations. 45
	195	+	(19) To coordinate enforcement and inspection activity relative to equipment, 46
	196	+	devices and operations covered by this Article in order to minimize 47
	197	+	duplication of liability or regulatory responsibility on the part of the employer 48
	198	+	or owner. 49
	199	+	(20) To establish fees not to exceed two hundred dollars ($200.00) one thousand 50
	200	+	dollars ($1,000) for the inspection and issuance of certificates of operation for 51 General Assembly Of North Carolina Session 2025
	201	+	House Bill 568-First Edition Page 5
	202	+	all devices and equipment subject to this Article upon installation or alteration, 1
	203	+	for each follow-up inspection, and for annual periodic inspections thereafter." 2
	204	+	SECTION 1.6.(e) G.S. 95-110.9(b) reads as rewritten: 3
	205	+	"(b) The Commissioner, without delay, after notification and determination that an 4
	206	+	occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a 5
	207	+	complete and thorough investigation of the occurrence. The report of the investigation shall be 6
	208	+	placed on file in the office of the division bureau and shall give in detail all facts and information 7
	209	+	available. The owner may submit for inclusion in the file results of investigations independent of 8
	210	+	the department's investigation." 9
	211	+	SECTION 1.7.(a) G.S. 95-111.3(6) reads as rewritten: 10
	212	+	"(6) Director. – The Director of the Elevator and Amusement Device Division 11
	213	+	Bureau of the North Carolina Department of Labor." 12
	214	+	SECTION 1.7.(b) G.S. 95-111.4 reads as rewritten: 13
	215	+	"§ 95-111.4. Powers and duties of Commissioner. 14
	216	+	The Commissioner of Labor is hereby empowered to do all of the following: 15
	217	+	(1) To delegate to the Director of the Elevator and Amusement Device Division 16
	218	+	Bureau such powers, duties and responsibilities as the Commissioner 17
	219	+	determines will best serve the public interest in the safe operation of 18
	220	+	amusement devices. 19
	221	+	(2) To supervise the Director of the Elevator and Amusement Device 20
	222	+	Division.Bureau. 21
	223	+	… 22
	224	+	(13) To adopt, modify or revoke rules and regulations governing the qualifications 23
	225	+	of inspectors. The Commissioner may waive or amend the American National 24
	226	+	Safety Standards from the American National Standards Institute as those 25
	227	+	standards relate to the qualifications of inspectors in this State if the 26
	228	+	Commissioner sets alternative standards that are reasonably equivalent, as 27
	229	+	determined by the Commissioner. 28
	230	+	… 29
	231	+	(19) To establish fees not to exceed two hundred fifty dollars ($250.00) one 30
	232	+	thousand dollars ($1,000) for the inspection and issuance of certificates of 31
	233	+	operation for devices subject to this Article that are in use." 32
	234	+	SECTION 1.7.(c) G.S. 95-111.10(b) reads as rewritten: 33
	235	+	"(b) The Commissioner, without delay, after notification and determination that an 34
	236	+	occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a 35
	237	+	complete and thorough investigation of the occurrence. The report of the investigation shall be 36
	238	+	placed on file in the office of the division bureau and shall give in detail all facts and information 37
	239	+	available. The owner may submit for inclusion in the file results of investigations independent of 38
	240	+	the department's investigation." 39
	241	+	SECTION 1.8. G.S. 95-125.2(b) reads as rewritten: 40
	242	+	"(b) The Commissioner, without delay, after notification and determination that an 41
	243	+	occurrence involving injury or damage as specified in subsection (a) of this section has occurred, 42
	244	+	shall make a complete and thorough investigation of the occurrence. The report of the 43
	245	+	investigation shall be placed on file in the office of the division bureau and shall give in detail all 44
	246	+	facts and information available. The owner may submit for inclusion in the file results of 45
	247	+	investigations independent of the department's investigation." 46
	248	+	SECTION 2.1. Unless otherwise provided, this act is effective when it becomes law. 47