North Carolina SB 986: OSHA Inspection Services.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S 1

SENATE BILL 986*

Short Title: OSHA Inspection Services. (Public)
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Sponsors: Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, and Sands.
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Referred to: Judiciary II.
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May 27, 1992

A BILL TO BE ENTITLED 1
AN ACT TO CREATE A SPECIAL EMPHASIS PROGRAM TO TARGET OSHA 2
INSPECTIONS. 3
The General Assembly of North Carolina enacts: 4
Section 1. Article 16 of Chapter 95 of the General Statutes is amended by 5
adding a new section to read: 6
"§ 95-136.1. Special emphasis inspection program. 7
(a) As used in this section, a ‘special emphasis inspection' is an inspection by the 8
Department's occupational safety and health division that is: 9
(1) Scheduled randomly and more frequently than a general schedule 10
inspection, and 11
(2) Scheduled because of an employer's high frequency of violations of 12
safety and health laws or because of an employer's high risk or high 13
rate of work-related fatalities or work-related serious injuries or 14
illnesses. 15
(b) The Department shall develop and implement a special emphasis inspection 16
program that targets for special emphasis inspection employers who: 17
(1) Have a high rate of serious or willful violations of any standard, rule, 18
order, or other requirement under this Article, or of regulations 19
prescribed pursuant to the Federal Occupational Safety and Health Act 20
of 1970, in a one-year period, or 21
(2) Have a high rate of work-related deaths, or a high rate of work-related 22
serious injuries or illnesses, in a one-year period, or 23

GENERAL ASSEMBLY OF NORTH CAROLINA 1991
Page 2 SENATE BILL 986* version 1
(3) Are engaged in a type of industry determined by the Department to be 1
at high risk for serious or fatal work-related injuries or illnesses, or 2
(4) Have an experience modification rating established for workers' 3
compensation premium rates that is significantly higher than the State 4
average. For purposes of targeting employers under this subdivision, 5
the Department, in consultation with the North Carolina Rate Bureau 6
and the Commissioner of Insurance, shall set the experience 7
modification rating threshold for determining a rating that is 8
significantly higher than the State average. 9
To identify employers for special emphasis inspections, the Department shall use the 10
most current data available from its own database and from other sources, including 11
State departments, divisions, boards, commissions, and other State entities. The 12
Department shall ensure that every employer targeted for special emphasis inspection is 13
inspected at least one time within the two-year period following targeting of the 14
employer by the Department. The Department shall update its special emphasis 15
inspection records at least annually. 16
(c) The Director shall make information about the special emphasis inspection 17
program available to all employers in the State at least 30 days prior to the date of 18
implementation of the program. 19
(d) The Department shall, two years after the initial implementation of the special 20
emphasis inspection program, and annually thereafter, report to the Joint Legislative 21
Commission on Governmental Operations and the Fiscal Research Division the impact 22
that the special emphasis inspection program is having on safety and health compliance 23
and enforcement." 24
Sec. 2. This act is effective upon ratification. The Department shall begin 25
the development of the special emphasis inspection program immediately upon 26
ratification of this act. The special emphasis inspection program shall become 27
operational not later than July 1, 1993. 28