§ 95-251. Safety and health programs.
§95‑251. Safety and health programs.
(a) Establishment ofsafety and health programs.
(1) Except as providedin subdivision (2) of this subsection, each employer with an experience ratemodifier of 1.5 or greater shall, in accordance with this section, establishand carry out a safety and health program to reduce or eliminate hazards and toprevent injuries and illnesses to employees.
(2) Employers with anexperience rate modifier of 1.5 or greater which provide temporary helpservices shall, in accordance with this section, establish and implement asafety and health program to reduce or eliminate hazards and to preventinjuries and illnesses to its full‑time employees permanently located atthe employer's worksite. Employers which provide temporary help services shallnot be required to establish and implement a safety and health program underthis section for its employees assigned to a client's worksite. Thissubdivision shall not apply to employee leasing companies.
(3) The Commissioner maymodify the application of the requirements of this section to classes ofemployers where the Commissioner determines that, in light of the nature of therisks faced by the employees of these employers, such a modification would notreduce the employees' safety and health protection.
(b) Safety and healthprogram requirements. A safety and health program established and implementedunder this section shall be a written program that shall include at least allof the following:
(1) Methods andprocedures for identifying, evaluating, and documenting safety and healthhazards.
(2) Methods andprocedures for correcting the safety and health hazards identified undersubdivision (1) of this subsection.
(3) Methods andprocedures for investigating work‑related fatalities, injuries, andillnesses.
(4) Methods andprocedures for providing occupational safety and health services, includingemergency response and first aid procedures.
(5) Methods andprocedures for employee participation in the implementation of the safety andhealth program.
(6) Methods andprocedures for responding to the recommendations of the safety and healthcommittee, where applicable.
(7) Methods andprocedures for providing safety and health training and education to employeesand to members of any safety and health committee established under G.S. 95‑252.
(8) The designation of arepresentative of the employer who has the qualifications and responsibility toidentify safety and health hazards and the authority to initiate correctiveaction where appropriate.
(9) In the case of aworksite where employees of two or more employers work, procedures for eachemployer to protect employees at the worksite from hazards under the employer'scontrol, including procedures to provide information on safety and health hazardsto other employers and employees at the worksite.
(10) Any other provisionsas the Commissioner requires to effectuate the purposes of this section.
(c) No loss of pay. The time during which employees are participating in training and educationactivities under this section shall be considered as hours worked for purposesof wages, benefits, and other terms and conditions of employment. The trainingand education shall be provided by an employer at no cost to the employees ofthe employer. (1991 (Reg. Sess., 1992), c. 962, s. 1.)