Rights and duties of employers shall include but are not limited to the following provisions:

(1)        Each employer shall furnish to each of his employees conditions of employment and a place of employment free from? recognized hazards that are causing or are likely to cause death or serious injury or serious physical harm to his employees;

(2)        Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this Article;

(3)        Each employer shall refrain from any unreasonable restraint on the right of the Commissioner or Director, or their lawfully appointed agents, to inspect the employer’s place of business. Each employer shall assist the Commissioner, the Director or the lawful agents of either or both of them, in the performance of their inspection duties by supplying or by making available information, any necessary personnel or necessary inspection aides;

(4)        Any employer, or association of employers, is entitled to participate in the development of standards by submission of comments on proposed standards, participation in hearings on proposed standards, or by requesting the development of standards on a given issue under N.C. Gen. Stat. § 95-131;

(5)        Any employer is entitled, under N.C. Gen. Stat. § 95-137, to review of any citation issued because of his alleged violation of any standard promulgated under this Article, or the length of the abatement period allowed for the correction of an alleged violation;

(6)        Any employer is entitled, under N.C. Gen. Stat. § 95-137, to a review of? any penalty in the form of civil damages assessed against him because of his alleged violation of this Article;

(7)        Any employer is entitled, under N.C. Gen. Stat. § 95-132, to seek an order granting a variance from any occupational safety or health standard;

(8)        Any employer is entitled, under N.C. Gen. Stat. § 95-152, to protection of his trade secrets and other legally privileged communications. (1973, c. 295, s. 4.)

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Terms Used In North Carolina General Statutes 95-129

  • Commissioner: The Commissioner of Labor of North Carolina. See North Carolina General Statutes 95-127
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Director: The officer or agent appointed by the Commissioner of Labor for the purpose of assisting in the administration of the Occupational Safety and Health Act of North Carolina. See North Carolina General Statutes 95-127
  • Employer: A person engaged in a business who has employees, including any state or political subdivision of a state, but does not include the employment of domestic workers employed in the place of residence of his or her employer. See North Carolina General Statutes 95-127
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Issue: An industrial, occupational or hazard grouping. See North Carolina General Statutes 95-127