GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 568
Committee Substitute Favorable 4/15/25
Short Title: 2025 Omnibus Labor Amendments.-AB (Public)
Sponsors:
Referred to:
March 31, 2025
*H568 -v-2*
A BILL TO BE ENTITLED 1
AN ACT MAKING OMNIBU S 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) This section does not apply to a subpoena requesting only documents or other 22
records." 23
SECTION 1.2. G.S. 150B-21.5 is amended by adding a new subsection to read: 24
"(c1) OSHA Standard. – The Occupational Safety and Health Division of the Department 25
of Labor is not required to publish a notice of text in the North Carolina Register or hold a public 26
hearing when it proposes to adopt a rule that concerns an occupational safety and health standard 27
that is identical to a federal regulation promulgated by the Secretary of the United States 28
Department of Labor. The Division shall file the rule with the Commission for the purpose of 29
receiving written objections to the rule in accordance with G.S. 150B-21.3(b2)." 30
SECTION 1.3.(a) G.S. 95-135(d) reads as rewritten: 31
"(d) Every official act of the Commission shall be entered of record and its hearings and 32
records shall be open to the public. The Commission is authorized and empowered to make such 33
procedural rules as are necessary for the orderly transaction of its proceedings. Unless the 34
Commission adopts a different rule, the proceedings, as nearly as possible, shall be in accordance 35
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
Page 2 House Bill 568-Second Edition
by deposition in any proceeding pending before it at any stage of such proceeding. Any person, 1
firm or corporation, and its agents or officials, may be compelled to appear and testify and 2
produce like documentary evidence before the Commission. Commission, except that upon 3
motion of a respondent, the Commission shall require prehearing discovery, order that testimony 4
be taken by deposition, compel production of documents, and compel persons to appear. 5
Witnesses whose depositions are taken under this section, and the persons taking such 6
depositions, shall be entitled to the same fees as are paid for like services in the courts of the 7
State." 8
SECTION 1.3.(b) This section shall apply to citations issued on or after the effective 9
date of this act. 10
SECTION 1.4. G.S. 130A-385(e) reads as rewritten: 11
"(e) In cases where death occurred due to an injury received in the course of the decedent's 12
employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of 13
the medical examiner's report of the investigation, including the location of the fatal injury and 14
the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical 15
Examiner shall forward this report within 30 days of receipt of the information from the medical 16
examiner. Upon written request by the Commissioner of Labor, the Chief Medical Examiner 17
shall provide the finalized autopsy report within five months of the date of the request." 18
SECTION 1.5. G.S. 95-36.3(c) reads as rewritten: 19
"(c) The Commissioner of Labor, with the written approval of the Attorney General as to 20
legality, shall have power to adopt, alter, amend or repeal appropriate rules of procedure for 21
selection of the arbitrator or panel and for conduct of the arbitration proceedings in accordance 22
with this Article: Provided, however, that such rules shall be inapplicable to the extent that they 23
are inconsistent with the arbitration agreement of the parties." 24
SECTION 1.6.(a) G.S. 95-110.2 reads as rewritten: 25
"§ 95-110.2. Scope. 26
This Article shall govern the design, construction, installation, plans review, testing, 27
inspection, certification, operation, use, maintenance, alteration, relocation and investigation of 28
accidents involving: 29
(1) Elevators, dumbwaiters, escalators, and moving walks; 30
(2) Personnel hoists; 31
(3) Inclined stairway chair lifts; 32
(4) Inclined and vertical wheelchair lifts; 33
(5) Manlifts; and 34
(6) Special equipment. 35
This Article shall not apply to devices and equipment located and operated in a single family 36
residence, residence. This Article shall not apply to conveyors and related equipment within the 37
scope of the American National Standard Safety Standard for Conveyors and Related Equipment 38
(ANSI/ASME B20.1) constructed, installed and used exclusively for the movement of materials, 39
or to mining equipment specifically covered by the Federal Mine Safety and Health Act or the 40
Mine Safety and Health Act of North Carolina or the rules and regulations adopted pursuant 41
thereto." 42
SECTION 1.6.(b) G.S. 95-110.3 reads as rewritten: 43
"§ 95-110.3. Definitions. 44
(a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or 45
his the Commissioner's authorized representative. 46
(b) The term "Director" shall mean the Director of the Elevator and Amusement Device 47
Division Bureau of the North Carolina Department of Labor. 48
…." 49
SECTION 1.6.(c) G.S. 95-110.4 reads as rewritten: 50
"§ 95-110.4. Elevator and Amusement Device Division Bureau established. 51 General Assembly Of North Carolina Session 2025
House Bill 568-Second Edition Page 3
There is hereby created an Elevator and Amusement Device Division Bureau within the 1
Department of Labor. The Commissioner shall appoint a director of the Elevator and Amusement 2
Device Division Bureau and such other employees as the Commissioner deems necessary to 3
assist the director in administering the provisions of this Article." 4
SECTION 1.6.(d) G.S. 95-110.5 reads as rewritten: 5
"§ 95-110.5. Powers and duties of Commissioner. 6
The Commissioner of Labor is hereby empowered:empowered to do all of the following: 7
(1) To delegate to the Director of the Elevator and Amusement Device Division 8
Bureau such powers, duties and responsibilities as the Commissioner 9
determines will best serve the public interest in the safe operation of lifting 10
devices and equipment;equipment. 11
(2) To supervise the Director of the Elevator and Amusement Device 12
Division;Bureau. 13
(3) To adopt, modify, or revoke such rules and regulations as are necessary for 14
the purpose of carrying out the provisions of this Article including, but not 15
limited to, those governing the design, construction, installation, plans review, 16
testing, inspection, certification, operation, use, maintenance, alteration and 17
relocation of devices and equipment subject to the provisions of this Article. 18
The rules and regulations promulgated pursuant to this rulemaking authority 19
shall conform with good engineering practice as evidenced generally by the 20
most recent editions of the American National Standard Safety Code for 21
Elevators, Dumbwaiters, Escalators and Moving Walks, the National 22
Electrical Code, the American National Standard Safety Requirements for 23
Personnel Hoists, the American National Standard Safety Code for Manlifts, 24
the American National Standard Safety Standard for Conveyors and Related 25
Equipment and similar codes promulgated by agencies engaged in research 26
concerning strength of material, safe design, and other factors bearing upon 27
the safe operation of the devices and equipment subject to the provisions of 28
this Article. The rules and regulations may apply different standards to devices 29
and equipment subject to this Article depending upon their date of installation. 30
The rules and regulations for special equipment shall not adopt specifically 31
any portion of the American National Standard Safety Code for Elevators, 32
Dumbwaiters, Escalators and Moving Walks to inclined and vertical 33
reciprocating conveyors;conveyors. 34
(4) To enforce rules and regulations adopted under authority of this 35
Article;Article. 36
(5) To inspect and have tested for acceptance all new, altered or relocated devices 37
or equipment subject to the provisions of this Article;Article. 38
(6) To make maintenance and periodic inspections and tests of all devices and 39
equipment subject to the provisions of this Article as often as every six 40
months;months. 41
(7) To issue certificates of operation which certify for use such devices and 42
equipment as are found to be in compliance with this Article and the rules and 43
regulations promulgated thereunder;thereunder. 44
(8) To have free access, with or without notice, to the devices and equipment 45
subject to the provisions of this Article, during reasonable hours, for purposes 46
of inspection or testing;testing. 47
(9) To obtain an Administrative Search and Inspection Warrant in accordance 48
with the provisions of Article 4A of Chapter 15 of the General 49
Statutes;Statutes. 50 General Assembly Of North Carolina Session 2025
Page 4 House Bill 568-Second Edition
(10) To investigate accidents involving the devices and equipment subject to the 1
provisions of this Article to determine the cause of such accident, and he shall 2
have full subpoena powers in conducting such investigation;investigation. 3
(11) To institute proceedings in the civil or criminal courts of this State, when a 4
provision of this Article or the rules and regulations promulgated thereunder 5
has been violated;violated. 6
(12) To issue a limited certificate of operation for any device or equipment subject 7
to the provisions of this Article to allow the temporary or restricted use 8
thereof;thereof. 9
(13) To adopt, modify or revoke rules and regulations governing the qualifications 10
of inspectors;inspectors. 11
(14) To grant exceptions from the requirements of the rules and regulations 12
promulgated under authority of this Article and to permit the use of other 13
devices when such exceptions and uses will not expose the public to an unsafe 14
condition likely to result in serious personal injury or property 15
damage;damage. 16
(15) To require that a construction permit must be obtained from the Commissioner 17
before any device or equipment subject to the provisions of this Article is 18
installed, altered or moved from one place to another and to require that the 19
Commissioner must be supplied with whatever plans, diagrams or other data 20
he deems necessary to determine whether or not the proposed construction is 21
in compliance with the provisions of this Article and the rules and regulations 22
promulgated thereunder;thereunder. 23
(16) To prohibit the use of any device or equipment subject to the provisions of 24
this Article which is found upon inspection to expose the public to an unsafe 25
condition likely to cause personal injury or property damage. Such device or 26
equipment shall be made operational only upon the Commissioner's 27
determination that such device or equipment has been made safe;safe. 28
(17) To order the payment of all civil penalties provided by this Article. Funds 29
collected pursuant to a civil penalty order shall be deposited with the State 30
Treasurer;Treasurer. 31
(18) To require that any device or equipment subject to the provisions of this 32
Article which has been out-of-service and not continuously maintained for one 33
or more years shall not be returned to service without first complying with all 34
rules and regulations governing existing installations; andinstallations. 35
(19) To coordinate enforcement and inspection activity relative to equipment, 36
devices and operations covered by this Article in order to minimize 37
duplication of liability or regulatory responsibility on the part of the employer 38
or owner. 39
(20) To establish fees not to exceed two hundred dollars ($200.00) for the 40
inspection and issuance of certificates of operation for all devices and 41
equipment subject to this Article upon installation or alteration, for each 42
follow-up inspection, and for annual periodic inspections thereafter." 43
SECTION 1.6.(e) G.S. 95-110.9(b) reads as rewritten: 44
"(b) The Commissioner, without delay, after notification and determination that an 45
occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a 46
complete and thorough investigation of the occurrence. The report of the investigation shall be 47
placed on file in the office of the division bureau and shall give in detail all facts and information 48
available. The owner may submit for inclusion in the file results of investigations independent of 49
the department's investigation." 50
SECTION 1.7.(a) G.S. 95-111.3(6) reads as rewritten: 51 General Assembly Of North Carolina Session 2025
House Bill 568-Second Edition Page 5
"(6) Director. – The Director of the Elevator and Amusement Device Division 1
Bureau of the North Carolina Department of Labor." 2
SECTION 1.7.(b) G.S. 95-111.4 reads as rewritten: 3
"§ 95-111.4. Powers and duties of Commissioner. 4
The Commissioner of Labor is hereby empowered to do all of the following: 5
(1) To delegate to the Director of the Elevator and Amusement Device Division 6
Bureau such powers, duties and responsibilities as the Commissioner 7
determines will best serve the public interest in the safe operation of 8
amusement devices. 9
(2) To supervise the Director of the Elevator and Amusement Device 10
Division.Bureau. 11
…." 12
SECTION 1.7.(c) G.S. 95-111.10(b) reads as rewritten: 13
"(b) The Commissioner, without delay, after notification and determination that an 14
occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a 15
complete and thorough investigation of the occurrence. The report of the investigation shall be 16
placed on file in the office of the division bureau and shall give in detail all facts and information 17
available. The owner may submit for inclusion in the file results of investigations independent of 18
the department's investigation." 19
SECTION 1.8. G.S. 95-125.2(b) reads as rewritten: 20
"(b) The Commissioner, without delay, after notification and determination that an 21
occurrence involving injury or damage as specified in subsection (a) of this section has occurred, 22
shall make a complete and thorough investigation of the occurrence. The report of the 23
investigation shall be placed on file in the office of the division bureau and shall give in detail all 24
facts and information available. The owner may submit for inclusion in the file results of 25
investigations independent of the department's investigation." 26
SECTION 2.1. Unless otherwise provided, this act is effective when it becomes law. 27