§ 95-129. Rights and duties of employers.

§95‑129.  Rights and duties of employers.

Rights and duties of employersshall include but are not limited to the following provisions:

(1)        Each employer shallfurnish to each of his employees conditions of employment and a place ofemployment free from  recognized hazards that are causing or are likely tocause death or serious injury or serious physical harm to his employees;

(2)        Each employer shallcomply with occupational safety and health standards or regulations promulgatedpursuant to this Article;

(3)        Each employer shallrefrain from any unreasonable restraint on the right of the Commissioner orDirector, or their lawfully appointed agents, to inspect the employer's placeof business. Each employer shall assist the Commissioner, the Director or the lawfulagents of either or both of them, in the performance of their inspection dutiesby supplying or by making available information, any necessary personnel ornecessary inspection aides;

(4)        Any employer, orassociation of employers, is entitled to participate in the development ofstandards by submission of comments on proposed standards, participation inhearings on proposed standards, or by requesting the development of standardson a given issue under G.S. 95‑131;

(5)        Any employer isentitled, under G.S. 95‑137, to review of any citation issued because ofhis alleged violation of any standard promulgated under this Article, or thelength of the abatement period allowed for the correction of an allegedviolation;

(6)        Any employer isentitled, under G.S. 95‑137, to a review of  any penalty in the form ofcivil damages assessed against him because of his alleged violation of thisArticle;

(7)        Any employer isentitled, under G.S. 95‑132, to seek an order granting a variance fromany occupational safety or health standard;

(8)        Any employer isentitled, under G.S. 95‑152, to protection of his trade secrets and otherlegally privileged communications. (1973, c. 295, s. 4.)