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Ex. DUT-NC-016 Standing duty Primary source read

NCDOL OSH Division Memo, 'Repeal - Healthcare Emergency Temporary Standard on Occupational Exposure to COVID-19' (March 30, 2022)

Repeal of the Healthcare ETS effective March 4, 2022, reciting North Carolina's adoption of the federal COVID-19 Healthcare ETS verbatim as a permanent standard

North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson) · North Carolina (State)

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The record

Jurisdiction
North Carolina
Level
State
Authority
G.S. 95-131; G.S. 150B-21.5(c); 13 NCAC 07F.0101
Issued
2022-03-30 Mar. 30, 2022
Effective
records the adoption effective July 21, 2021 (13 NCAC 07F.0101) and the repeal effective Mar. 4, 2022 (read as 2021-07-21)
End
2022-03-04 (repeal of the adopted ETS) (read as 2022-03-04)
In force
July 21, 2021 to Mar. 4, 2022
Quarters
2021 Q3
Limitation types
Face-covering requirementHealth care ordersWorkplace rulesStanding duty
Addressees
  • employers in settings where employees provide health care or health-care support services
Character
agency position statement
Collection
Standing duties: North Carolina DUT-NC

Operative words

Because the initial timelines for the federal rule (6 months) did not match up with the APA timelines for emergency rules (30 days), the NC Department of Labor (NCDOL) OSH Division chose to adopt the Healthcare ETS verbatim as a permanent standard.... Commissioner of Labor Josh Dobson chose to repeal the prior adoption of the Healthcare ETS effective March 4, 2022.

Penalty

Civil penalties under G.S. 95-138 for violation of the adopted standard

What it required

Confirms from the agency's own record that the federal COVID-19 Healthcare ETS (86 Fed. Reg. 32376, June 21, 2021) was adopted verbatim as a North Carolina standard, so that from July 21, 2021 every North Carolina employer providing health care or health-care support services was bound by 29 C.F.R. 1910.502 as State law, enforceable under G.S. 95-129(2) and 95-138, until the repeal effective March 4, 2022. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; covid_workplace_rule layer).

Retrieval note

Read with the history note of 13 NCAC 07F.0101 ('Amended Eff. July 21, 2021 as an emergency temporary standard', Ex. DUT-NC-009). The memo post-dates the quarters; it is the agency's account of a rule that bound health-care employers in 2021Q3.