{"id":"DUT-NC-015","kind":"duty","level":"state","jurisdiction":"North Carolina","state":"NC","metro":"","industry":"","agency":"","eco":"","issuer":"North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson)","authority":"G.S. 95-129(1); OSHANC enforcement authority; adoption of OSHA\u0027s Updated Interim Enforcement Response Plan for COVID-19 (July 7, 2021)","instrument":"NCDOL OSH Division Memo COV 5A, \u0027Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)\u0027 (dated March 24, 2022, updating the Division\u0027s adoption of OSHA\u0027s memorandum of July 7, 2021, attached), with the attached federal memorandum","title":"Adoption for use in North Carolina of OSHA\u0027s Updated Interim Enforcement Response Plan for COVID-19: complaints, referrals and severe-illness reports in workplaces not covered by the Healthcare ETS; the general duty clause read as NCGS 95-129(1)","dateIssued":"2022-03-24","effective":"federal plan effective July 7, 2021 for workplaces not covered by the COVID-19 ETS; NCDOL adoption with listed modifications","end":"until further notice (time-limited to the COVID-19 public health crisis)","startDate":"2021-07-07","endDate":"2021-09-30","quarters":["2021Q3"],"types":["EMP","DUTY"],"addressees":["employers (enforcement program); NCDOL compliance safety and health officers"],"clause":"the Occupational Safety and Health (OSH) Division of the North Carolina Department of Labor adopts the above-mentioned OSHA interim enforcement response plan memorandum (attached) for use in North Carolina, with modifications as listed below:... References to Section 5(a)(1) - General Duty Clause will mean NCGS 95-129(1) - General Duty Clause.","enforcement":"Citations and civil penalties under G.S. 95-138 for violations of the listed standards or of G.S. 95-129(1)","functions":[],"notes":"NCDOL compliance officers were to handle COVID-19 complaints, referrals and severe-illness reports under the federal plan\u0027s inspection procedures and to cite COVID-19 hazards in non-health-care workplaces under 29 C.F.R. 1910.132, 1910.134, 1910.141, 1910.145 and 1910.1020 and under the general duty clause, G.S. 95-129(1), with the Healthcare ETS (29 C.F.R. 1910.502, 1910.504) governing health-care settings from June 21, 2021 (federal) and July 21, 2021 (North Carolina).","sourceUrl":"https://www.labor.nc.gov/osh/osh-enforcement-procedures/memo-covid-19-updated-interim-enforcement-response-plan-coronavirus-disease/open","snapshot":"","fileExists":true,"fileBytes":702692,"grade":"primary","character":"guidance_incorporated","description":"","collection":"DUT-NC","url":"/library/DUT-NC-015","exhibitUrl":"/exhibit/DUT-NC-015","citation":"North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson), NCDOL OSH Division Memo COV 5A, \u0027Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)\u0027 (dated March 24, 2022, updating the Division\u0027s adoption of OSHA\u0027s memorandum of July 7, 2021, attached), with the attached federal memorandum (Mar. 24, 2022) (Ex. DUT-NC-015)","stateName":"North Carolina","related":["DUT-NC-005","DUT-NC-014","DUT-NC-016"]}