Rules and Regulations

This section provides information on administrative rulemaking, including verbatim adoptions of federal OSHA Standards. Notices of public hearings and periodic reviews will also be available here.

If you are interested in being notified of any rulemaking activity, please email our Rulemaking Coordinator, Jill Cramer, or call our Legal Affairs Division at (919) 707-7713.

Periodic Review of Existing Rules

N.C General Statute § 150B-21.3A, adopted in 2013, and revised in July 2019 by Session Law 2019-140, requires state agencies and commissions to review existing rules every 10 years. The previous periodic review was completed for all NC Department of Labor (NCDOL) rules over a five-year period ending on July 22, 2018, according to a schedule set by the N.C. Rules Review Commission (RRC). Rules enforced by the NCDOL were included in this new requirement.

The current periodic review will be conducted on a 10-year cycle beginning in 2024 and concluding in 2034. Each agency will be required to review each of its existing rules and make an initial determination from either of the following classifications:

Necessary - the agency determines the rule is any rule other than an unnecessary rule.
Unnecessary - the agency determines that the rule is obsolete, redundant or otherwise not needed.

As rule reviews are completed in accordance with the current 10-year schedule determined by RRC, they will become available for public comment and links will be available on this web page. The NCDOL rules currently under review are as follows:

13 NCAC 01 - Departmental Rules
13 NCAC 04 - Conciliation and Arbitration Division
13 NCAC 06 - Mine and Quarry Division
13 NCAC 13 - Boiler and Pressure Vessel
13 NCAC 16 - Migrant Housing
13 NCAC 17 - Private Personnel Services
13 NCAC 19 - Retaliatory Employment Discrimination

All of the above rules have been determined by the agency to be “Necessary.”

In addition to the links above, all NCDOL rules may be found on the NCDOL Regulations webpage under About Rulemaking.

Public Comments

A “public comment” is defined as a written comment objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public (G.S. 150B-21.3A(5)).

The rules are now open for comment and will remain open until June 30, 2024. (Comment period: April 15, 2024 – June 30, 2024). You may submit comments specific as to the necessity of the rules either by US Mail or online to the email noted below.

US Mail

Jill Cramer
NC Department of Labor
Periodic Review Rules Comments
1101 Mail Service Center
Raleigh, NC 27699-1101

Email

dol.rules@labor.nc.gov

Subject: Rules Comment

Direct Notification of All NCDOL Rulemaking

If you would like to receive future notices regarding rules undergoing rules review, which are open for public comment under N.C. Gen. Stat. §150B-21.3A, please request to be added to the NCDOL Rules Notification List by emailing dol.rules@labor.nc.gov.

OSH Verbatim Adoptions

Notices of Public Hearings

Public Hearings

Rulemaking Actions

Proposed New Rules

Proposed new rules and the rulemaking process.

The N.C. Department of Labor enforces various acts set forth by the N.C. General Assembly. Administrative rules which define the acts are available on the Office of Administrative Hearings website. Links to both the acts and administrative rules are provided below:

Uniform Boiler and Pressure Vessel Act of North Carolina

The Boiler Safety Bureau enforces the Uniform Boiler and Pressure Vessel Act of North Carolina, which governs the proper use and operation of all new and existing boilers and various types of pressure vessels and the investigation of incidents associated with such devices. (Last revised in 2017)

Boiler and Pressure Vessel Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Uniform Boiler and Pressure Vessel Act can be found at the Office of Administrative Hearings website. (Last revised April 1, 2022)

Amusement Device Safety Act

The Elevator and Amusement Device Bureau enforces the Amusement Device Safety Act, which regulates the use and operation of amusement and inflatable devices.

Amusement Device Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Amusement Device Safety Act can be found at the Office of Administrative Hearings website.

Elevator Safety Act

The Elevator and Amusement Device Bureau enforces the Elevator Safety Act, which governs the design, construction, installation, inspection, certification, operation, alteration and investigation of accidents involving elevators, escalators and other special equipment.

Elevator Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Elevator Safety Act can be found at the Office of Administrative Hearings website.

Passenger Tramway Safety Act

The Elevator and Amusement Device Bureau enforces the Passenger Tramway Safety Act, which governs the registration and inspection of ski lifts, funiculars and tramways to ensure the public is safe from unnecessary mechanical hazards.

Passenger Tramway Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Passenger Tramway Safety Act can be found at the Office of Administrative Hearings website.

Mine Safety and Health Act

The Mine and Quarry Bureau enforces the Mine Safety and Health Act to ensure that miners are properly trained and working in conditions and places of work free from recognized hazards.

Mine Safety and Health Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Mine Safety and Health Act can be found at the Office of Administrative Hearings website.

Occupational Safety and Health Act

The Occupational Safety and Health Division enforces the Occupational Safety and Health Act, which governs workplaces to ensure as far as possible all employers and employees safe and healthful working conditions through the prevention of injuries and illnesses via programs that provide education, enforcement and research.

OSH Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Occupational Safety and Health Act of North Carolina can be found at the Office of Administrative Hearings website.

OSHA Standards

With certain exceptions, the N.C. Department of Labor adopts federal OSHA standards verbatim. When OSH Administrative Rules differ from federal OSHA standards, employers must comply with the state-specific rules.

Hazardous Chemicals Right to Know Act

The OSH Division enforces the Hazardous Chemicals Right to Know Act to ensure firefighters have all the information they need to respond to chemical emergencies and to ensure that citizens have access to sufficient information to make informed judgments about the hazards in their communities.

Safety and Health Programs and Committees

This legislation requires businesses with a workers’ compensation experience rate modifier (ERM) of 1.5 or higher to improve their workplace safety and health efforts.

Migrant Housing Act

The Agricultural Safety and Health Bureau enforces the Migrant Housing Act, which governs migrant housing to ensure safe and healthy housing conditions for seasonal agricultural workers in North Carolina.

Migrant Housing Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Migrant Housing Act can be found at the Office of Administrative Hearings website.

Retaliatory Employment Discrimination Act

The Retaliatory Employment Discrimination Bureau enforces the Retaliatory Employment Discrimination Act, which protects employees against retaliation for filing workplace safety and health complaints and other protected activities.

Retaliatory Employment Discrimination Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Retaliatory Employment Discrimination Act can be found at the Office of Administrative Hearings website.

Wage and Hour Act

The Wage and Hour Bureau enforces the Wage and Hour Act, which governs how employers make, keep, and preserve records of hours worked, wages paid and other conditions and practices of employment.

Wage and Hour Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Wage and Hour Act can be found at the Office of Administrative Hearings website.

Controlled Substance Examination Regulation Act

The Wage and Hour Bureau enforces the Controlled Substance Examination Regulation Act, which protects individuals from unreliable and inadequate examinations and screening, and ensures procedural requirements for the administration of controlled substance examinations are established.

Controlled Substance Examination Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Controlled Substance Examination Regulation Act can be found at the Office of Administrative Hearings website.

Verification of Work Authorization Act

The Wage and Hour Bureau handles complaints concerning alleged failure to properly check work authorization.

Verification of Work Authorization Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Verification of Work Authorization Act can be found at the Office of Administrative Hearings website.

Private Personnel and Job Listing Services Acts

The Wage and Hour Bureau enforces the Private Personnel Services Act to ensure that companies providing such services comply with the licensing and fee requirements.

Private Personnel Administrative Rules

The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The rules for the Private Personnel and Job Listing Services Acts can be found at the Office of Administrative Hearings website.