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  3. DUT-NC-009

Ex. DUT-NC-009 Standing duty Primary source read

13 NCAC 07F.0101 (General Industry), incorporating 29 C.F.R. Part 1910 by reference; amended effective July 21, 2021 as an emergency temporary standard (COVID-19 Healthcare ETS, 29 C.F.R. 1910.502-.509) and amended effective March 4, 2022 on the expiration of that standard

General industry standards: incorporation of 29 C.F.R. Part 1910; adoption of the COVID-19 Healthcare Emergency Temporary Standard effective July 21, 2021

North Carolina Department of Labor, Occupational Safety and Health Division (Commissioner of Labor) · North Carolina (State)

The COVID Project

The record

Jurisdiction
North Carolina
Level
State
Authority
G.S. 95-131; 95-133; 150B-21.6
Issued
1993-08-02 Aug. 2, 1993
Effective
standing (Part 1910 incorporation); 2021-07-21 (Healthcare ETS) (read as 2021-07-21)
End
standing; Healthcare ETS adoption repealed effective 2022-03-04 (read as 2022-03-04)
In force
Standing since July 21, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Face-covering requirementHealth care ordersWorkplace rulesStanding duty
Addressees
  • employers in general industry; from July 21, 2021, employers in settings where employees provide health care or health-care support services
Character
covid workplace rule
Collection
Standing duties: North Carolina DUT-NC

Operative words

The provisions for the Occupational Safety and Health Standards for General Industry, Title 29 of the Code of Federal Regulations Part 1910... are incorporated by reference except as modified or amended in 13 NCAC 07F.0103.... Amended Eff. July 21, 2021 as an emergency temporary standard; Amended Eff. March 4, 2022 (expiration of emergency temporary standard).

Penalty

Civil penalties under G.S. 95-138; criminal penalty under G.S. 95-139 (Ex. DUT-NC-005)

What it required

Every North Carolina employer in general industry must comply with the federal Part 1910 standards as State law under G.S. 95-129(2) (personal protective equipment, respiratory protection, sanitation, bloodborne pathogens, hazard communication, access to exposure records), and from July 21, 2021 every covered health-care employer had to comply with the COVID-19 Healthcare Emergency Temporary Standard (patient screening, PPE, physical distancing, barriers, ventilation, vaccination leave, COVID-19 plans and logs) adopted verbatim as a North Carolina standard.

Retrieval note

Current text (the incorporation now runs to the Federal Register 'on or before February 13, 2026'); the history note is the primary record of the July 21, 2021 emergency adoption and the March 4, 2022 repeal, corroborated by the NCDOL memo of Mar. 30, 2022 (Ex. DUT-NC-016). The federal ETS itself (86 Fed. Reg. 32376, June 21, 2021) is in the federal layer of the library.