February 4, 1987
Subject:
Farm Worker Council — Status of Local Sanitation Inspectors
Requested By:
Bob Everett, Chairman North Carolina Farm Worker Council
Question:
Are local sanitation inspectors officers, employees or agents of the State when conducting inspections of migrant labor camps and issuing permits pursuant to G.S. 130A, Part 5?
Conclusion:
Yes.
Chapter 130A of the General Statutes of North Carolina contains Public Health Statutes. G.S. 130A-2 defines "commission" as the "Commission" for Health Services and "department" as the "Department for Human Resources".
G.S. 130A, Part 5 includes sections 238 through 244 and contains provisions of the public health laws relating to migrant housing. G.S. 130A-239 requires the Commission for Health Services to adopt rules concerning the sanitation and safety of migrant housing. These rules are required to include the issuance of a permit by the Department of Human Resources and the establishment of an inspection program for migrant housing. G.S. 130A-241 authorizes the Department of Human Resources to enter and inspect any migrant housing. G.S. 130A-242 requires a written application for a migrant housing permit to be made to the local health department having jurisdiction over the area in which the proposed housing is to be located.
In practice, sanitation inspectors employed by the local health department conduct inspections of migrant housing on behalf of the Department of Human Resources. In conducting these inspections, the local inspectors are enforcing rules and regulations adopted by the Commission for Health Services and carrying out an inspection program which the Department of Human Resources alone is authorized to perform. Both the Commission and the Department are state agencies. As such, the local inspectors are serving as officers, employees or agents of the State while acting within the scope of their office, employment, service, agency or authority in performing migrant housing inspections. In our opinion, the local sanitation inspectors are covered by the State Tort Claims Act, G.S. 143-291, et seq. when performing such inspections under the referenced statutes.
In Vaughn vs Department of Human Resources, 296 N.C. 683, 252 S.E.2d 792 (1979), our Supreme Court held that the Industrial Commission had jurisdiction to hear and determine a claim alleging negligence by county social services employees in the placement of a foster child where the Department of Human Resources had the right to control the manner in which the county director executed his obligation to place children.
G.S. 130A, Part 5 directs the Commission for Health Services to adopt rules and regulations pertaining to sanitation and safety, inspection and permitting of migrant housing. Note: G.S. 130A 39 authorizes local Boards to adopt more stringent regulations. The requirements set forth by the Supreme Court in Vaughn are met with regard to local sanitation inspectors acting pursuant to G.S. 130A, Part 5, in our opinion. The Industrial Commission has jurisdiction to hear and determine claims under the State Tort Claims Act involving such inspectors. In every instance the liability of the Department of Human Resources depends upon the application of the principles of agency and respondeat superior to the facts in the case under consideration.
Vaughn v Department of Human Resources, 296 N.C. 683, 692.
This opinion is limited to the statute and particular program of inspection at issue. It is not to be construed as an expression of opinion regarding other statutes or programs of inspection.
LACY H. THORNBURG ATTORNEY GENERAL
Steve Nimocks Special Deputy Attorney General