(a) Establishment ofsafety and health committees. Except as provided in subsection (b) of thissection, each employer with 11 or more employees and an experience ratemodifier of 1.5 or greater shall provide for the establishment of safety andhealth committees and the selection of employee safety and healthrepresentatives in accordance with this section.
(b) Temporary helpservices. Temporary employees of employers which provide temporary helpservices shall not be counted as part of the 11 or more employees needed toestablish a safety and health committee under this section, and employers whichprovide temporary help services shall not be required to establish a safety andhealth committee under this section for its employees assigned to a client'sworksite. This subsection shall not apply to employee leasing companies.
(c) Safety and healthcommittee requirements.
(1) In general. Eachemployer covered by this section shall establish a safety and health committeeat each worksite of the employer, except as provided as follows:
a. An employer coveredby this section whose employees do not primarily report to or work at a fixedlocation is required to have only one safety and health committee to representall employees.
b. A safety and healthcommittee is not required at a covered employer's worksite with less than 11employees.
c. The Commissionermay, by rule, modify the application of this subdivision to worksites whereemployees of more than one employer are employed.
(2) Membership. Eachsafety and health committee shall consist of:
a. The employee safetyand health representatives selected or appointed under subsection (d) of thissection.
b. As determinedappropriate by the employer, employer representatives, the number of which maynot exceed the number of employee representatives.
(3) Chairpersons. Eachsafety and health committee shall be cochaired by:
a. A representativeselected by the employer.
b. A representativeselected by the employee members of the committee.
(4) Rights. Each safetyand health committee shall, within reasonable limits and in a reasonablemanner, exercise the following rights:
a. Review any safetyand health program established by the employer under G.S. 95‑251.
b. Review incidentsinvolving work‑related fatalities, injuries and illnesses, and complaintsby employees regarding safety or health hazards.
c. Review, upon therequest of the committee or upon the request of the employer representatives oremployee representatives of the committee, the employer's work injury andillness records, other than personally identifiable medical information, andother reports or documents relating to occupational safety and health.
d. Conduct inspectionsof the worksite at least once every three months and in response to complaintsby employees or committee members regarding safety or health hazards.
e. Conduct interviewswith employees in conjunction with inspections of the worksite.
f. Conduct meetings,at least once every three months, and maintain written minutes of the meetings.
g. Observe themeasurement of employee exposure to toxic materials and harmful physicalagents.
h. Establish proceduresfor exercising the rights of the committee.
i. Makerecommendations on behalf of the committee, and in making recommendations,permit any members of the committee to submit separate views to the employerfor improvements in the employer's safety and health program and for thecorrection of hazards to employee safety or health, except that recommendationsshall be advisory only and the employer shall retain full authority to managethe worksite.
j. Accompany, uponrequest, the Commissioner or the Commissioner's representative during anyphysical inspection of the worksite.
(5) Time for committee activities. The employer shall permit members of the committee established under thissection to take the time from work reasonably necessary to exercise the rightsof the committee without suffering any loss of pay or benefits for time spenton duties of the committee.
(d) Employee safety andhealth representatives.
(1) In general. Safetyand health committees established under this section shall include:
a. One employee safetyand health representative where the average number of nonmanagerial employeesof the employer at the worksite during the preceding year was more than 10, butless than 50.
b. Two employee safetyand health representatives where the average number of nonmanagerial employeesof the employer at the worksite during the preceding year was 50 or more, butless than 100.
c. An additionalemployee safety and health representative for each additional 100 suchemployees at the worksite, up to a maximum of six employee safety and healthrepresentatives.
d. Where an employer'semployees do not primarily report to or work at a fixed location or atworksites where employees of more than one employer are employed, a number ofemployee safety and health representatives as determined by the Commissioner byrule.
(2) Selection. Employeesafety and health representatives shall be selected by and from among theemployer's nonmanagerial employees in accordance with rules adopted by theCommissioner. The rules adopted by the Commissioner may provide for differentmethods of selection of employee safety and health representatives at worksiteswith no bargaining representative, worksites with one bargainingrepresentative, and worksites with more than one bargaining representative. (1991(Reg. Sess., 1992), c. 962, s. 1.)
(a) Establishment ofsafety and health committees. Except as provided in subsection (b) of thissection, each employer with 11 or more employees and an experience ratemodifier of 1.5 or greater shall provide for the establishment of safety andhealth committees and the selection of employee safety and healthrepresentatives in accordance with this section.
(b) Temporary helpservices. Temporary employees of employers which provide temporary helpservices shall not be counted as part of the 11 or more employees needed toestablish a safety and health committee under this section, and employers whichprovide temporary help services shall not be required to establish a safety andhealth committee under this section for its employees assigned to a client'sworksite. This subsection shall not apply to employee leasing companies.
(c) Safety and healthcommittee requirements.
(1) In general. Eachemployer covered by this section shall establish a safety and health committeeat each worksite of the employer, except as provided as follows:
a. An employer coveredby this section whose employees do not primarily report to or work at a fixedlocation is required to have only one safety and health committee to representall employees.
b. A safety and healthcommittee is not required at a covered employer's worksite with less than 11employees.
c. The Commissionermay, by rule, modify the application of this subdivision to worksites whereemployees of more than one employer are employed.
(2) Membership. Eachsafety and health committee shall consist of:
a. The employee safetyand health representatives selected or appointed under subsection (d) of thissection.
b. As determinedappropriate by the employer, employer representatives, the number of which maynot exceed the number of employee representatives.
(3) Chairpersons. Eachsafety and health committee shall be cochaired by:
a. A representativeselected by the employer.
b. A representativeselected by the employee members of the committee.
(4) Rights. Each safetyand health committee shall, within reasonable limits and in a reasonablemanner, exercise the following rights:
a. Review any safetyand health program established by the employer under G.S. 95‑251.
b. Review incidentsinvolving work‑related fatalities, injuries and illnesses, and complaintsby employees regarding safety or health hazards.
c. Review, upon therequest of the committee or upon the request of the employer representatives oremployee representatives of the committee, the employer's work injury andillness records, other than personally identifiable medical information, andother reports or documents relating to occupational safety and health.
d. Conduct inspectionsof the worksite at least once every three months and in response to complaintsby employees or committee members regarding safety or health hazards.
e. Conduct interviewswith employees in conjunction with inspections of the worksite.
f. Conduct meetings,at least once every three months, and maintain written minutes of the meetings.
g. Observe themeasurement of employee exposure to toxic materials and harmful physicalagents.
h. Establish proceduresfor exercising the rights of the committee.
i. Makerecommendations on behalf of the committee, and in making recommendations,permit any members of the committee to submit separate views to the employerfor improvements in the employer's safety and health program and for thecorrection of hazards to employee safety or health, except that recommendationsshall be advisory only and the employer shall retain full authority to managethe worksite.
j. Accompany, uponrequest, the Commissioner or the Commissioner's representative during anyphysical inspection of the worksite.
(5) Time for committee activities. The employer shall permit members of the committee established under thissection to take the time from work reasonably necessary to exercise the rightsof the committee without suffering any loss of pay or benefits for time spenton duties of the committee.
(d) Employee safety andhealth representatives.
(1) In general. Safetyand health committees established under this section shall include:
a. One employee safetyand health representative where the average number of nonmanagerial employeesof the employer at the worksite during the preceding year was more than 10, butless than 50.
b. Two employee safetyand health representatives where the average number of nonmanagerial employeesof the employer at the worksite during the preceding year was 50 or more, butless than 100.
c. An additionalemployee safety and health representative for each additional 100 suchemployees at the worksite, up to a maximum of six employee safety and healthrepresentatives.
d. Where an employer'semployees do not primarily report to or work at a fixed location or atworksites where employees of more than one employer are employed, a number ofemployee safety and health representatives as determined by the Commissioner byrule.
(2) Selection. Employeesafety and health representatives shall be selected by and from among theemployer's nonmanagerial employees in accordance with rules adopted by theCommissioner. The rules adopted by the Commissioner may provide for differentmethods of selection of employee safety and health representatives at worksiteswith no bargaining representative, worksites with one bargainingrepresentative, and worksites with more than one bargaining representative. (1991(Reg. Sess., 1992), c. 962, s. 1.)
(a) Establishment ofsafety and health committees. Except as provided in subsection (b) of thissection, each employer with 11 or more employees and an experience ratemodifier of 1.5 or greater shall provide for the establishment of safety andhealth committees and the selection of employee safety and healthrepresentatives in accordance with this section.
(b) Temporary helpservices. Temporary employees of employers which provide temporary helpservices shall not be counted as part of the 11 or more employees needed toestablish a safety and health committee under this section, and employers whichprovide temporary help services shall not be required to establish a safety andhealth committee under this section for its employees assigned to a client'sworksite. This subsection shall not apply to employee leasing companies.
(c) Safety and healthcommittee requirements.
(1) In general. Eachemployer covered by this section shall establish a safety and health committeeat each worksite of the employer, except as provided as follows:
a. An employer coveredby this section whose employees do not primarily report to or work at a fixedlocation is required to have only one safety and health committee to representall employees.
b. A safety and healthcommittee is not required at a covered employer's worksite with less than 11employees.
c. The Commissionermay, by rule, modify the application of this subdivision to worksites whereemployees of more than one employer are employed.
(2) Membership. Eachsafety and health committee shall consist of:
a. The employee safetyand health representatives selected or appointed under subsection (d) of thissection.
b. As determinedappropriate by the employer, employer representatives, the number of which maynot exceed the number of employee representatives.
(3) Chairpersons. Eachsafety and health committee shall be cochaired by:
a. A representativeselected by the employer.
b. A representativeselected by the employee members of the committee.
(4) Rights. Each safetyand health committee shall, within reasonable limits and in a reasonablemanner, exercise the following rights:
a. Review any safetyand health program established by the employer under G.S. 95‑251.
b. Review incidentsinvolving work‑related fatalities, injuries and illnesses, and complaintsby employees regarding safety or health hazards.
c. Review, upon therequest of the committee or upon the request of the employer representatives oremployee representatives of the committee, the employer's work injury andillness records, other than personally identifiable medical information, andother reports or documents relating to occupational safety and health.
d. Conduct inspectionsof the worksite at least once every three months and in response to complaintsby employees or committee members regarding safety or health hazards.
e. Conduct interviewswith employees in conjunction with inspections of the worksite.
f. Conduct meetings,at least once every three months, and maintain written minutes of the meetings.
g. Observe themeasurement of employee exposure to toxic materials and harmful physicalagents.
h. Establish proceduresfor exercising the rights of the committee.
i. Makerecommendations on behalf of the committee, and in making recommendations,permit any members of the committee to submit separate views to the employerfor improvements in the employer's safety and health program and for thecorrection of hazards to employee safety or health, except that recommendationsshall be advisory only and the employer shall retain full authority to managethe worksite.
j. Accompany, uponrequest, the Commissioner or the Commissioner's representative during anyphysical inspection of the worksite.
(5) Time for committee activities. The employer shall permit members of the committee established under thissection to take the time from work reasonably necessary to exercise the rightsof the committee without suffering any loss of pay or benefits for time spenton duties of the committee.
(d) Employee safety andhealth representatives.
(1) In general. Safetyand health committees established under this section shall include:
a. One employee safetyand health representative where the average number of nonmanagerial employeesof the employer at the worksite during the preceding year was more than 10, butless than 50.
b. Two employee safetyand health representatives where the average number of nonmanagerial employeesof the employer at the worksite during the preceding year was 50 or more, butless than 100.
c. An additionalemployee safety and health representative for each additional 100 suchemployees at the worksite, up to a maximum of six employee safety and healthrepresentatives.
d. Where an employer'semployees do not primarily report to or work at a fixed location or atworksites where employees of more than one employer are employed, a number ofemployee safety and health representatives as determined by the Commissioner byrule.
(2) Selection. Employeesafety and health representatives shall be selected by and from among theemployer's nonmanagerial employees in accordance with rules adopted by theCommissioner. The rules adopted by the Commissioner may provide for differentmethods of selection of employee safety and health representatives at worksiteswith no bargaining representative, worksites with one bargainingrepresentative, and worksites with more than one bargaining representative. (1991(Reg. Sess., 1992), c. 962, s. 1.)
