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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2025-28
HOUSE BILL 568
*H568-v-5*
AN ACT MAKING OMNIBUS AMENDMENTS TO LAWS PERTAINING TO THE NORTH
CAROLINA DEPARTMENT OF LABOR.
The General Assembly of North Carolina enacts:
SECTION 1.1. Article 16 of Chapter 95 of the General Statutes is amended by
adding a new section to read:
"§ 95-136.2. Third-party subpoenas to the Department.
(a) The Commissioner, any current employee, or any former employee of the Department
may only be required to appear and testify regarding an occupational safety and health inspection
under one of the following circumstances:
(1) An enforcement proceeding is brought under this Article.
(2) An action is filed in which the Department is a party.
(3) The Commissioner consents in writing to waive the exemption provided by
subsection (b) of this section.
(4) A court finds all of the following:
a. The information sought is essential to the underlying case.
b. There are no reasonable alternative means for acquiring the
information.
c. A significant injustice would occur if the requested testimony was not
available.
(b) Except as provided in subsection (a) of this section, the Commissioner, any current
employee, and any former employee of the Department may not be subpoenaed to appear or
testify for an inquiry into any occupational safety and health inspection.
(c) Any written report, citation, or investigative finding issued by the Department
pursuant to an occupational safety and health inspection shall be admissible in any judicial or
administrative civil proceeding to the same extent as if the author were available to testify, unless
the court finds the document clearly lacks indicia of reliability or would result in manifest
injustice.
(d) This section does not apply to a subpoena requesting only documents or other
records."
SECTION 1.2. G.S. 150B-21.5 is amended by adding a new subsection to read:
"(c1) OSHA Standard. – The Occupational Safety and Health Division of the Department
of Labor is not required to publish a notice of text in the North Carolina Register or hold a public
hearing when it proposes to adopt a rule that concerns an occupational safety and health standard
that is identical to a federal regulation promulgated by the Secretary of the United States
Department of Labor. The Division shall file the rule with the Commission for the purpose o f
receiving written objections to the rule in accordance with G.S. 150B-21.3(b2)."
SECTION 1.3.(a) G.S. 95-135(d) reads as rewritten:
"(d) Every official act of the Commission shall be entered of record and its hearings and
records shall be open to the public. The Commission is authorized and empowered to make such
procedural rules as are necessary for the orderly transaction of its proceedin gs. Unless the
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Commission adopts a different rule, the proceedings, as nearly as possible, shall be in accordance
with the Rules of Civil Procedure, G.S. 1A-1. The Commission may order testimony to be taken
by deposition in any proceeding pending before it at any stage of such proceeding. Any person,
firm or corporation, and its agents or officials, may be compelled to appear and testify and
produce like documentary evidence before the Commission. Only upon motion of a respondent,
the Commission shall permit the complainant and respondent to obtain prehearing discovery in
accordance with the methods provided in Rule 26(a) of the Rules of Civil Procedure, including,
but not limited to , testimony taken by deposition, production of documents, and compelling
persons to appear . Witnesses whose depositions are taken under this section, and the persons
taking such depositions, shall be entitled to the same fees as are paid for like services in the courts
of the State."
SECTION 1.3.(b) This section shall apply to citations issued on or after the effective
date of this act.
SECTION 1.4. G.S. 130A-385(e) reads as rewritten:
"(e) In cases where death occurred due to an injury received in the course of the decedent's
employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of
the medical examiner's report of the investigation, including the location of the fatal injury and
the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical
Examiner shall forward this report within 30 days of receipt of the information from the medical
examiner. Upon written request by the Commissioner of Labor, the Chief Medical Examiner
shall provide the finalized autopsy report within five months of the date of the request."
SECTION 1.5. G.S. 95-36.3(c) reads as rewritten:
"(c) The Commissioner of Labor, with the written approval of the Attorney General as to
legality, shall have power to adopt, alter, amend or repeal appropriate rules of procedure for
selection of the arbitrator or panel and for conduct of the arbitration proceedings in accordance
with this Article: Provided, however, that such rules shall be inapplicable to the extent that they
are inconsistent with the arbitration agreement of the parties."
SECTION 1.6.(a) G.S. 95-110.2 reads as rewritten:
"§ 95-110.2. Scope.
This Article shall govern the design, construction, installation, plans review, testing,
inspection, certification, operation, use, maintenance, alteration, relocation and investigation of
accidents involving:
(1) Elevators, dumbwaiters, escalators, and moving walks;
(2) Personnel hoists;
(3) Inclined stairway chair lifts;
(4) Inclined and vertical wheelchair lifts;
(5) Manlifts; and
(6) Special equipment.
This Article shall not apply to devices and equipment located and operated in a single family
residence, residence. This Article shall not apply to conveyors and related equipment within the
scope of the American National Standard Safety Standard for Conveyors and Related Equipment
(ANSI/ASME B20.1) constructed, installed and used exclusively for the movement of materials,
or to mining equipment specifically covered by the Federal Mine Safety and Health Act or the
Mine Safety and Health Act of North Carolina or the rules and regulations adopted pursuant
thereto."
SECTION 1.6.(b) G.S. 95-110.3 reads as rewritten:
"§ 95-110.3. Definitions.
(a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or
his the Commissioner's authorized representative.
(b) The term "Director" shall mean the Director of the Elevator and Amusement Device
Division Bureau of the North Carolina Department of Labor.
House Bill 568 Session Law 2025-28 Page 3
…."
SECTION 1.6.(c) G.S. 95-110.4 reads as rewritten:
"§ 95-110.4. Elevator and Amusement Device Division Bureau established.
There is hereby created an Elevator and Amusement Device Division Bureau within the
Department of Labor. The Commissioner shall appoint a director of the Elevator and Amusement
Device Division Bureau and such other employees as the Commissioner deems necessary to
assist the director in administering the provisions of this Article."
SECTION 1.6.(d) G.S. 95-110.5 reads as rewritten:
"§ 95-110.5. Powers and duties of Commissioner.
The Commissioner of Labor is hereby empowered:empowered to do all of the following:
(1) To delegate to the Director of the Elevator and Amusement Device Division
Bureau such powers, duties and responsibilities as the Commissioner
determines will best serve the public interest in the safe operation of lifting
devices and equipment;equipment.
(2) To supervise the Director of the Elevator and Amusement Device
Division;Bureau.
(3) To adopt, modify, or revoke such rules and regulations as are necessary for
the purpose of carrying out the provisions of this Article including, but not
limited to, those governing the design, construction, installation, plans review,
testing, inspection, certification, operation, use, maintenance, alteration and
relocation of devices and equipment subject to the provisions of this Article.
The rules and regulations promulgated pursuant to this rulemaking authority
shall conform with good engineering practice as evidenced generally by the
most recent editions of the American National Standard Safety Code for
Elevators, Dumbwaiters, Escalators and Moving Walks, the National
Electrical Code, the American National Standard Safety Requirements for
Personnel Hoists, the American National Standard Safety Code for Manlifts,
the American National Standard Safety Standard for Conveyors and Related
Equipment and similar codes promulgated by agencies engaged in research
concerning strength of material, safe desig n, and other factors bearing upon
the safe operation of the devices and equipment subject to the provisions of
this Article. The rules and regulations may apply different standards to devices
and equipment subject to this Article depending upon their date of installation.
The rules and regulations for special equipment shall not adopt specifically
any portion of the American National Standard Safety Code for Elevators,
Dumbwaiters, Escalators and Moving Walks to inclined and vertical
reciprocating conveyors;conveyors.
(4) To enforce rules and regulations adopted under authority of this
Article;Article.
(5) To inspect and have tested for acceptance all new, altered or relocated devices
or equipment subject to the provisions of this Article;Article.
(6) To make maintenance and periodic inspections and tests of all devices and
equipment subject to the provisions of this Article as often as every six
months;months.
(7) To issue certificates of operation which certify for use such devices and
equipment as are found to be in compliance with this Article and the rules and
regulations promulgated thereunder;thereunder.
(8) To have free access, with or without notice, to the devices and equipment
subject to the provisions of this Article, during reasonable hours, for purposes
of inspection or testing;testing.
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(9) To obtain an Administrative Search and Inspection Warrant in accordance
with the provisions of Article 4A of Chapter 15 of the General
Statutes;Statutes.
(10) To investigate accidents involving the device s and equipment subject to the
provisions of this Article to determine the cause of such accident, and he shall
have full subpoena powers in conducting such investigation;investigation.
(11) To institute proceedings in the civil or criminal courts of this State, when a
provision of this Article or the rules and regulations promulgated thereunder
has been violated;violated.
(12) To issue a limited certificate of operation for any device or equipment subject
to the provisions of this Article to allow the temporary or restricted use
thereof;thereof.
(13) To adopt, modify or revoke rules and regulations governing the qualifications
of inspectors;inspectors.
(14) To grant exceptions from the require ments of the rules and regulations
promulgated under authority of this Article and to permit the use of other
devices when such exceptions and uses will not expose the public to an unsafe
condition likely to result in serious personal injury or property
damage;damage.
(15) To require that a construction permit must be obtained from the Commissioner
before any device or equipment subject to the provisions of this Article is
installed, altered or moved from one place to another and to require that the
Commissioner must be supplied with whatever plans, diagrams or other data
he deems necessary to determine whether or not the proposed construction is
in compliance with the provisions of this Article and the rules and regulations
promulgated thereunder;thereunder.
(16) To prohibit the use of any device or equipment subject to the provisions of
this Article which is found upon inspection to expose the public to an unsafe
condition likely to cause personal injury or property damage. Such device or
equipment shall be made operational only upon the Commissioner's
determination that such device or equipment has been made safe;safe.
(17) To order the payment of all civil penalties provided by this Article. Funds
collected pursuant to a civil penalty order shall be deposi ted with the State
Treasurer;Treasurer.
(18) To require that any device or equipment subject to the provisions of this
Article which has been out-of-service and not continuously maintained for one
or more years shall not be returned to service without first complying with all
rules and regulations governing existing installations; andinstallations.
(19) To coordinate enforcement and inspection activity relative to equipment,
devices and operations covered by this Article in order to minimize
duplication of liability or regulatory responsibility on the part of the employer
or owner.
(20) To establish fees not to exceed two hundred dollars ($200.00) for the
inspection and issuance of certificates of operation for all devices and
equipment subject to this Artic le upon installation or alteration, for each
follow-up inspection, and for annual periodic inspections thereafter."
SECTION 1.6.(e) G.S. 95-110.9(b) reads as rewritten:
"(b) The Commissioner, without delay, after notification and determination that an
occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a
complete and thorough investigation of the occurrence. The report of the investigation shall be
placed on file in the office of the division bureau and shall give in detail all facts and information
House Bill 568 Session Law 2025-28 Page 5
available. The owner may submit for inclusion in the file results of investigations independent of
the department's investigation."
SECTION 1.7.(a) G.S. 95-111.3(6) reads as rewritten:
"(6) Director. – The Director of the Elevator and Amusement Device Division
Bureau of the North Carolina Department of Labor."
SECTION 1.7.(b) G.S. 95-111.4 reads as rewritten:
"§ 95-111.4. Powers and duties of Commissioner.
The Commissioner of Labor is hereby empowered to do all of the following:
(1) To delegate to the Director of the Elevator and Amusement Device Division
Bureau such powers, duties and responsibilities as the Commissioner
determines will best serve the public interest in the safe operation of
amusement devices.
(2) To supervise the Director of the Elevator and Amusement Device
Division.Bureau.
…."
SECTION 1.7.(c) G.S. 95-111.10(b) reads as rewritten:
"(b) The Commissioner, without delay, after notification and determination that an
occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a
complete and thorough investigation of the occurrence. The report of the investigation shall be
placed on file in the office of the division bureau and shall give in detail all facts and information
available. The owner may submit for inclusion in the file results of investigations independent of
the department's investigation."
SECTION 1.8. G.S. 95-125.2(b) reads as rewritten:
"(b) The Commissioner, without delay, after notification and determination that an
occurrence involving injury or damage as specified in subsection (a) of this section has occurred,
shall make a complete and thorough investigation of the occurrence. The report of the
investigation shall be placed on file in the office of the division bureau and shall give in detail all
facts and information available. The owner may submit for inclusion in the file results of
investigations independent of the department's investigation."
SECTION 2.1. G.S. 95-9 reads as rewritten:
"§ 95-9. Employers to post notice of laws.
It shall be the duty of every employer who has five or more employees to keep posted in a
conspicuous place in every room where five or more persons are employ ed a printed notice
stating the provisions of the law relative to the employment of adult persons and children and the
regulation of hours and working conditions. The Commissioner of Labor shall furnish the printed
form of such notice upon request."
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SECTION 3.1. Unless otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 18th day of June, 2025.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Destin Hall
Speaker of the House of Representatives
s/ Josh Stein
Governor
Approved 3:06 p.m. this 27th day of June, 2025