§ 8-58.50 (Article has a contingent effective date – see note). Purpose.
§ 8-58.51 (Article has a contingent effective date – see note) Definitions.
§ 8-58.52 (Article has a contingent effective date – see note) Applicability.
§ 8-58.53 (Article has a contingent effective date – see note) Environmental audit report; privilege.
§ 8-58.54 (Article has a contingent effective date – see note) Waiver of privilege.
§ 8-58.55 (Article has a contingent effective date – see note) Notification of audit.
§ 8-58.56 (Article has a contingent effective date – see note) Revocation of privilege in civil and administrative proceedings.
§ 8-58.57 (Article has a contingent effective date – see note) Privilege in criminal proceedings.
§ 8-58.58 (Article has a contingent effective date – see note) Burden of proof.
§ 8-58.59 (Article has a contingent effective date – see note) Stipulations; declaratory rulings.
§ 8-58.60 (Article has a contingent effective date – see note) Construction of Article.
§ 8-58.61 (Article has a contingent effective date – see note) Voluntary disclosure; limited immunity from civil and administrative penalties and fines.
§ 8-58.62 (Article has a contingent effective date – see note) Additional limitations on exercise of privilege or immunity.
§ 8-58.63 (Article has a contingent effective date – see note) Preemption of local laws.

Terms Used In North Carolina General Statutes > Chapter 8 > Article 7D - Environmental Audit Privilege and Limited Immunity

  • Advisory Council: The Advisory Council or body established under this Article. See North Carolina General Statutes 95-127
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agricultural employment: means employment in any service or activity included within the provisions of Section 3(f) of the Fair Labor Standards Act of 1938, or section 3121(g) of the Internal Revenue Code of 1986; and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state and including the harvesting of Christmas trees, and the harvesting of saltwater crabs;

  • Carolina Star Program: A voluntary program designed to recognize work sites that implement effective safety and health management systems and that meet standards adopted by the Commissioner pursuant to N. See North Carolina General Statutes 95-127
  • Chambers: A judge's office.
  • Classified service: A position included in the State Merit System of Personnel Administration subject to the laws, rules and regulations of the State Personnel Board as administered by the State Personnel Director and as set forth in Chapter 126 of the N. See North Carolina General Statutes 95-127
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commission: North Carolina Occupational Safety and Health Review Commission established under this Article. See North Carolina General Statutes 95-127
  • Commissioner: The Commissioner of Labor of North Carolina. See North Carolina General Statutes 95-127
  • Commissioner: means the Commissioner of Labor of North Carolina;

    North Carolina General Statutes 95-223

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: The North Carolina Department of Labor of North Carolina. See North Carolina General Statutes 95-127
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Deputy Commissioner: The Deputy Commissioner of the North Carolina Department of Labor, who is appointed by the Commissioner to aid and assist the Commissioner in the performance of his duties. See North Carolina General Statutes 95-127
  • 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
  • Director: means the Director of the Agricultural Safety and Health Bureau, who is the agent designated by the Commissioner to assist in the administration of this Article. See North Carolina General Statutes 95-223
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Employee: An employee of an employer who is employed in a business or other capacity of his or her employer, including any and all business units and agencies owned and/or controlled by the employer. 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
  • Established federal standard: Any operative occupational safety and health standard established by any agency of the United States and presently in effect, or contained in any act of Congress in force on the date of enactment of this Article, and adopted by the Secretary of Labor under the Occupational Safety and Health Act of 1970. See North Carolina General Statutes 95-127
  • Established federal standard: means those standards as set out in, and interpretations issued by, the Secretary of the United States Department of Labor in 29 C. See North Carolina General Statutes 95-223
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Examinee: means an individual who is an employee of the examiner or an applicant for employment with the examiner and who is requested or required by an examiner to submit to a controlled substance examination. See North Carolina General Statutes 95-231
  • Examiner: means a person, firm, or corporation, doing business in the State, including State, county, and municipal employers, who is the employer or prospective employer of the examinee and who performs or has performed by an approved laboratory a controlled substance examination. See North Carolina General Statutes 95-231
  • Federal Act: The Occupational Safety and Health Act of 1970 (Public Law 91-596, 91st Congress, Act of December 29, 1970, 84 Stat. See North Carolina General Statutes 95-127
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • High-voltage line: means all aboveground electrical conductors of voltage in excess of 600 volts measured between conductor and ground. See North Carolina General Statutes 95-229.6
  • Imminent danger: Any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death, or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Article. See North Carolina General Statutes 95-127
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Issue: An industrial, occupational or hazard grouping. See North Carolina General Statutes 95-127
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Migrant: means an individual, and his dependents, who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence;

    North Carolina General Statutes 95-223

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupational safety and health standard: A standard which requires conditions, or the adoption or use of one or more practices, means, methods, safety devices, operations or processes reasonably necessary and appropriate to provide safe and healthful employment and places of employment, and shall include all occupational safety and health standards adopted and promulgated by the Secretary which also may be and are adopted by the State of North Carolina under the provisions of this Article. See North Carolina General Statutes 95-127
  • Operator: means any person who owns or controls migrant housing; and

    North Carolina General Statutes 95-223

  • Person: means natural person, firm, business association, company, partnership, corporation, or other legal entity. See North Carolina General Statutes 95-229.6
  • Person responsible for the work to be done: means the person performing or controlling the work that necessitates the precautionary safety measures required by this Article, unless the person performing or controlling the work is under contract or agreement with a governmental entity, in which case "person responsible for the work to be done" means that governmental entity. See North Carolina General Statutes 95-229.6
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Screening: means initial controlled substance examination performed for the purpose of determining use of controlled substances by an examinee. See North Carolina General Statutes 95-231
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
  • Secretary: The United States Secretary of Labor. See North Carolina General Statutes 95-127
  • Serious violation: A violation that shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use at such place of employment, unless the employer did not know, and could not, with the exercise of reasonable diligence, know of the presence of the violation. See North Carolina General Statutes 95-127
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: The State of North Carolina. See North Carolina General Statutes 95-127
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantive violation: means a violation of a safety and health standard, including those that provide fire prevention, and adequate and sanitary supply of water, plumbing maintenance, structurally sound construction of buildings, effective maintenance of those buildings, provision of adequate heat as weather conditions require, and reasonable protection for inhabitants from insects and rodents. See North Carolina General Statutes 95-223
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Warning sign: means a weather-resistant sign of not less than five inches by seven inches with at least two panels: a signal panel and a message panel. See North Carolina General Statutes 95-229.6
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.