(a)  An employer may elect to implement any one of the following selection processes as a means of meeting the requirements for selection of representatives to employee Safety and Health committees pursuant to G.S. 95-252(d).  The employer shall retain written documentation outlining any utilized selection process.  An employer whose employees are represented by a collective bargaining representative must utilize either subsection 8, 9, or 10 for committee selection purposes.  Any non-management employees who choose not to participate in the collective bargaining process are still considered to be represented by the collective bargaining representative for purposes of this Rule for committee selection purposes.

(1)           The employer may devise and implement any means of employee selection so long as:

(A)          the employee representatives are selected "by and from among the employer's non-management employees" as specified in the statute,

(B)          minimum numbers are met, and

(C)          the intent of the statute is satisfied.

(2)           The employer may require that all non-management employees serve on a Safety and Health Committee.  In the instance of a small employer, there may be one committee comprised of all non-management employees which serves the entire organization.  In a larger organization, there may be several committees, each addressing one or more of the responsibilities of the safety committee as outlined in G.S. 95-252, with employees divided among the committees.

(3)           The employer may conduct an election at either a meeting or through the distribution of ballots.  The election process shall provide for the nomination by non-management employees (including self-nominations) of non-management employees in the numbers specified by the employer, but shall not be less than one nor more than the number of non-management members specified by statute.  The number of non-management employees specified by statute receiving the most nominations shall serve on the Safety and Health Committee.

(4)           The employer may conduct an employee meeting at which open nominations are held and secret ballots are used to elect employee representatives.  The meeting may be for all non-management employees or by working unit.

(5)           The employer may conduct an employee meeting at which non-management employees nominate one peer by listing that employee's name on a ballot.  The ballots shall be tallied and the appropriate number of representatives, in the numbers required by statute, shall be determined by those employees named on the most ballots.

(6)           The employer may solicit nominations from all non-management employees for employee representatives to serve on the committee, then select representatives by lottery from among those nominated to obtain the statutorily appropriate number of employee representatives for the safety and health committee.

(7)           The employer may solicit volunteers and nominations from among the non-management employees for a pool of applicants to serve as employee representatives on the safety committee.  (If no volunteers or nominations are received, the employer shall require that nominations be submitted from a cross section of employee work units within the establishment.)  The members of the applicant pool shall select from among its ranks the initial employee representatives necessary to meet minimum numbers as specified in the statute.

(8)           Employees shall be selected to serve on a safety and health committee(s) in accordance with any contract that exists between a collective bargaining unit and the employer.  Should the contract not otherwise specify selection of a safety and health committee, non-management members shall be selected in a manner approved by the certified collective bargaining agent.

(9)           Employers having more than one collective bargaining unit shall devise and implement a means of employee selection utilizing the provisions of the existing contracts or methods approved by the certified collective bargaining agents. Safety committee members shall be selected in proportionate numbers to the number of employees represented by the certified collective bargaining agents.

(10)         Employers having some non-management employees represented by a collective bargaining agent or agents and some not represented shall devise a means that utilizes language in the contract or methods approved by the certified collective bargaining agent(s) for selection of bargaining unit representatives, and one or more of the above means for selecting non-management employee members not represented by the bargaining agent(s). Safety committee members shall be selected in proportion to the number of employees represented by the certified collective bargaining agent(s) and the number of employees not represented.

(b)  However initial members of the committee are selected, replacement members may be chosen in accordance with one of the procedures in this Rule, or the committee may continue with the same members.

(c)  Non-management employee representatives shall serve a term of at least one year, and shall not be allowed to succeed themselves in the same position more than once.  Terms may be staggered.  However, employers with less than 25 employees may allow non-management employee representatives to serve two successive terms.

(d)  It shall not be a violation of any part of the statute if an employer has a safety and health program utilizing some other form of employee involvement which has been in operation for more than one year prior to July 15, 1993, and which is submitted for approval and subsequently approved by the Commissioner or his authorized representative, for that program to be used to satisfy the requirements of Section .0600.


History Note:        Authority G.S. 95-252;

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.