(a)  All Safety and Health programs established under G.S. 95-251 for both fixed locations and non-fixed locations shall meet or exceed the requirements of G.S. 95-251(b)(1)-(9).

(b)  The written program shall also include:

(1)           The manner in which managers, supervisors, and employees are responsible for implementing the program and how the continued participation of management will be established, measured, and maintained including specifically what the leadership role of the top employer official at the worksite shall be in regard to the program.

(2)           The manner in which the plan will be communicated to all affected employees so that they are informed of work-related hazards and controls.

(3)           The manner in which safe work practices and rules will be enforced.

(4)           The manner in which workplace accidents will be investigated and corrective action implemented.  The employer shall keep a comprehensive record of accident investigations, findings, and corresponding corrective action taken.

(5)           The manner in which near-miss incidents will be investigated.  Special emphasis will be placed on identifying all contributing factors to any near-miss incident.  The employer shall keep a comprehensive record of each such incident and the findings relating to it, and shall keep a record of all corresponding corrective action taken.

(6)           The methods used to identify, analyze and control new or existing hazards, conditions and operations, and the manner in which changes will be incorporated into the safety program, safety committee checklist, and communicated to all affected employees.

(7)           Written compliance plans as required by either the Mine Safety laws or OSHA standards, whichever is applicable to the employer.  Written compliance plans shall include, the following OSHA standards, when applicable:  Excavations, Hazard Communication, Occupational Noise Exposure, Control of Hazardous Energy Sources (Lockout/Tagout), Respiratory Protection, Process Safety Management of Highly Hazardous Chemicals, Bloodborne Pathogens, Life Safety Code, Cotton Dust, and Confined Spaces.

(8)           A written checklist of all potential hazards to be inspected during the quarterly inspections required pursuant to G.S. 95-252(c)(4)d, if applicable, including, but not limited to, checking for properly marked doors (including exit doors and doors not leading to an exit); properly working fire extinguishers; unlisted hazardous substances, improperly located hazardous substances, or hazardous substances for which there are no material safety data sheets; doorways or exit pathways that are cluttered; improperly grounded equipment and exposed live wiring and parts; and unguarded machinery.  Each item on the aforementioned written checklist shall be checked during the quarterly inspections and a copy of the list shall be retained by the employer for not less than two years.  All conditions or items deemed to be out of compliance shall be immediately abated, unless circumstances beyond the control of the employer requires a longer period of time.

(9)           The employer shall conduct an annual self-audit of all required safety and health programs.  Written findings and a statement of remedial actions taken shall be retained for not less than two years.  Companies with less than 11 employees that are not required to have safety and health committees shall appoint a company safety officer to conduct the annual self-audit.

(10)         The purpose and operation of the Safety and Health Committee where such committee exists.

(11)         The methods used to communicate requirements of the program to other employers or subcontractors and their employees who may be present at the same site.


History Note:        Authority G.S. 95-251;

Eff. August 2, 1993;

Amended Eff. June 1, 1995;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.