13 NCAC 10 .0101. DEFINITIONS

As used herein:

(1)           "Act" means the Occupational Safety and Health Act of North Carolina, Article 16, Chapter 95 of the General Statutes.

(2)           "Board," "person," "employer," and "employee" have the meanings set forth in G.S. 95‑127 of the act.

(3)           "Commissioner" means the Commissioner of Labor of North Carolina, "director" means the officer or agent appointed by the commissioner for the purpose of assisting in the administration of the act.

(4)           "Affected employee" means an employee of a cited employer who is exposed to the alleged hazard described in the citation, as a result of his assigned duties.

(5)           "Hearing examiner" means a person appointed by the chairman of the board pursuant to G.S. 95‑135(c).

(6)           "Authorized employee representative" means a labor organization which has a collective bargaining relationship with the cited employer and which represents affected employees.

(7)           "Representative" means any person, including an authorized employee representative, authorized by a party or intervenor to represent him in a proceeding.

(8)           "Citation" means a written communication issued by the commissioner to an employer pursuant to G.S. 95‑137.

(9)           "Notification of proposed penalty" means a written communication issued by the commissioner to an employer pursuant to G.S. 95‑137.

(10)         "Day" means a calendar day.

(11)         "Working day" means all days except Saturdays, Sundays, and legal holidays.

(12)         "Proceeding" means any proceeding before the board or hearing examiner.

(13)         "Intervenor" means anyone who elects to become a party to a proceeding.

(14)         Unless otherwise specified, definitions set forth in G.S. 95‑127 are hereby adopted.

 

History Note:        Authority G.S. 95‑135;

Eff. March 15, 1978.