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North Carolina Changes Occupational Safety Rules and Bars Local Wage Payment Laws


rss.shrm.org | Michael D. McKnight and Savannah S. Trimmer © Ogletree Deakins

​The North Carolina General Assembly recently approved a budget for the period from July 1, 2023, through June 20, 2025, with changes to workplace legal compliance. Gov. Roy Cooper announced that he would allow the budget to become law without his signature. The state budget will run through June 30, 2025.

Timing of Safety Citations

Effective Oct. 1, the North Carolina Department of Labor (NCDOL) will have six months following the occurrence of any Occupational Safety and Health Act of North Carolina (OSHANC) violation to issue a citation to employers. With this change, the OSHANC statute of limitations will revert to the way it was before last year’s budget when the statute of limitations was modified to allow NCDOL to cite violations that occurred at any previous time, so long as the citation was issued within six months following the initiation of an inspection by NCDOL.

This modification brings North Carolina’s statute of limitations back in line with the statute of limitations in the majority of the 22 “state plan” states like North Carolina that administer and enforce their own occupational safety and health laws, and the statute of limitations in the 28 states where the federal government is responsible for the administration and enforcement of occupational safety and health laws.

Had this change not been made, NCDOL could have issued a citation to an employer for any violation going back to the 1970s when North Carolina adopted its own OSHA-approved state plan, so…


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