§ 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
  • 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
  • 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
  • Commission: North Carolina Occupational Safety and Health Review Commission established under this Article. See North Carolina General Statutes 95-127
  • Commissioner: means the Commissioner of Labor of North Carolina;

    North Carolina General Statutes 95-223

  • Day: A calendar day unless otherwise noted. See North Carolina General Statutes 95-127
  • 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: 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
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • 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
  • 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
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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.
  • labor organization: means any organization of any kind, or any agency or employee representation committee or plan, in which employee or employees participate and which exists for the purpose in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. See North Carolina General Statutes 95-101
  • 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

  • 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.
  • 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

  • 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.
  • 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
  • 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.
  • 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
  • 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.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.