2016 Annual Report
Historical Note About the Cover
The Labor Building is located on West Edenton Street across from the State Capitol. It was designed in
1885 by architect Gustavus Adolphus Bauer. Bauer also assisted in the design of the Executive Mansion,
which is why the two buildings share similar architectural design features. The building was dedicated on
March 5, 1888, and for the first 25 years housed the Supreme Court and State Library. The red brick building,
once painted gray to blend in with the stone buildings around it, was stripped of the paint in the 1980s to
reveal the true rich color of the original red brick, which was made by prison labor.
The rendering of the building featured on the cover is from a watercolor created by Earle Kluttz Thompson,
an artist from Salisbury. Thompson studied studio art at the University of North Carolina. While a student
at UNC, she interned with muralist Michael Brown, where she learned faux techniques and how to paint
outdoor and indoor murals. Thompson later studied at Lorenzo de Medici in Florence, Italy. She and her
husband live in Raleigh. She and Raines Thompson are partners in Kluttz Thompson Designs.
On Sept. 11, 2001, Labor Commissioner Cherie Berry directed that the American flag be flown over the
Labor Building. When advised that the building had no flagpole, she ordered the immediate printing of
flags to be displayed in every window of the Labor Building. Within days every window of all NCDOL
buildings across the state displayed an American flag. Fittingly, the very first flag was placed in the window
of Commissioner Berry’s office.
PPrriinntteedd 33//1176,, 7755 ccooppiieess Copyright © 2016 by N.C. Department of Labor
Copyright © 2017 by N.C. Department of Labor
All photographs, graphics and illustrations are property of
the N.C. Department of Labor or are used by permission/license
of their respective copyright holders.
2016 Annual Report
                        
Cherie Berry
Commissioner of Labor
Contents
N.C. Department of Labor 2016 Annual Report
Foreword 	 	 	 	 	 	 	 	 	 	 	 iv
Overview 	 	 	 	 	 	 	 	 	 	 	 1
Administration Division 	 	 	 	 	 	 	 	 	 2
Budget and Management Division 	 	 	 	 	 	 	 3
Communications Division 	 	 	 	 	 	 	 	 4
Governmental Affairs Division 	 	 	 	 	 	 	 4
Human Resources Division 	 	 	 	 	 	 	 	 7
Legal Affairs Division 	 	 	 	 	 	 	 	 	 8
Research and Information Technology Division 					 13
Occupational Safety and Health Division 						 17
Agricultural Safety and Health Bureau 						 18
Compliance Bureaus 									 19
Consultative Services Bureau 								 25
Education, Training and Technical Assistance Bureau 				 26
Planning, Statistics and Information Management Bureau 				 29
Standards and Inspections Division 							 32
Boiler Safety Bureau 									 33
Elevator and Amusement Device Bureau 						 34
Employment Discrimination Bureau 							 36
Mine and Quarry Bureau 								 38
Wage and Hour Bureau 								 38
Notes 												 41
Index of Acronyms 										 41
iii
Foreword
I wish to acknowledge the cooperation of all the fine employees of the various
divisions of the Department of Labor who made possible the many accomplishments
and services to the people of North Carolina that are recorded in this report.
The dedication shown by these employees helps make North Carolina a safe and
healthy place to work and live.
Foreword
iv
Cherie Berry
Commissioner of Labor
N.C. Department of Labor 2016 Annual Report
N.C. Department of Labor
Overview
The labor commissioner is a constitutional officer elected statewide by the
people of North Carolina to serve a four-year term running concurrently
with the governor and all other members of the Council of State. On
Nov. 8, 2016, Cherie Berry became the first labor commissioner in the
history of the state to be elected to a fifth four-year term.
The General Statutes provide the labor commissioner with broad
regulatory and enforcement powers to achieve the objective of promoting
the health, safety and general well-being of working North Carolinians.
Foremost among her duties are the administration and enforcement of
the occupational safety and health standards. Her duties also include
enforcement of wage and hour laws, employment discrimination
involving retaliation and the provision of free education, training and
consultation to ensure safe and healthy working conditions for North
Carolina’s employers and employees. Mine safety and health training
is also provided to owners, operators and contractors working in North
Carolina’s mining industry. The labor commissioner also ensures the
public’s safety through the administration of inspections of boilers,
elevators, escalators, amusement rides and inflatable devices.
Labor Commissioner Cherie Berry
• Providing responsive, effective and efficient services
• Providing and encouraging quality education and training
• Administering consistently and fairly our regulatory mandates
• Enhancing public confidence in the Department of Labor
1
The N.C. Department of Labor’s mission is to foster a safe, healthy, fair and productive North Carolina
by:
North Carolina’s workforce contains more than 4 million workers in more than 270,000 private and public
sector businesses. The laws and programs the department administers affect every worker—and virtually
every person—in the state.
Department of Labor history dates back to 1887, when the General Assembly created the Bureau of Labor
Statistics. In a reorganization of labor functions in 1931, the General Assembly laid the groundwork for
the department’s transformation into an agency with laws and programs affecting most state citizens.
Departmental divisions and bureaus carry out its principal regulatory, enforcement and informational
programs.
The N.C. Occupational Safety and Health Review Commission operates independently from the department.
The Review Commission, whose members are appointed by the governor, hears appeals of citations and
penalties imposed by the Occupational Safety and Health Division.
• Managed the annual budget for FY 2016, which was $32,883,771; revenue: $16,689,234;
	
apropriations: $16,194,537.
Statistical Highlights for 2016
2
Administration Division
Budget and Management Division
Communications Division
• Released 78 news releases and media advisories.
• Managed the N.C. Labor Ledger database, which has 16,138 subscribers as of Dec. 31, 2016.
• Produced more than 1.5 million impressions and processed nearly 100,000 pieces of outgoing
mail for the department’s Raleigh area offices through its Publications Bureau.
Governmental Affairs Division
• Monitored the short session of the General Assembly.
Human Resources Division
• Managed HR functions for 352 employees as of Dec. 31, 2016.
Legal Afairs Division
• Collected a total of $9,419.07 in outstanding wage collections.
• Initiated rulemaking activity for the Boiler Safety Bureau, finalized verbatim
adoptions for the OSH Division, and finalized periodic review and expiration of rules for the
Wage and Hour Bureau and OSH Division.
Research and Information Technology Division
• Conducted the Survey of Occupational Injuries and Illnesses and the Census of Fatal
Occupational Injuries. The 2015 nonfatal incident rate for private sector is the lowest on
record for the state.
• The IT Help Desk responded to 6,169 internal telephone and email requests.
Administration Division
The Administration Division comprises six divisions of the N.C. Department of Labor: Budget and
Management; Communications; Governmental Affairs; Human Resources; Legal Affairs; and Research and
Information Technology. These divisions provide support for Commissioner Berry’s office and the entire
N.C. Department of Labor.
The Budget and Management Division’s 13 employees are responsible for all fiscal-related areas of the
agency. The division continues initiatives to streamline our operations with creative uses of technology and
more effective uses of our skilled staff.
Job responsibilities are separated into four categories: budget/accounts payable; purchasing; federal grant
administration; and accounts receivable/collections. Reporting is done on a state fiscal year basis (July 1
through June 30). Table 1 provides data for each fiscal year beginning in FY 2013 through FY 2016.
For its part, the Budget and Management Division continues to meet its internal benchmarks by paying for
and ordering items within five working days from receipt, thereby enabling the department to continue its
efforts to be fiscally responsible and prudent with available resources.
Budget and Management Division
Table 1
Budget and Management Division Activities, FY 2013 Through FY 2016
Annual budget
Revenue
Appropriations
Average no. of checks
writen/month
Average monthly expenses
Percentage of invoices
received/paid within 5 days
Average number of purchase
orders issued/month
Monthly average value of
purchase orders issued
Percentage of purchase orders
issued within 5 days
Average monthly inspection fees
registrations & penalties collected
Average monthly caseload for
collections
$32,881,551
$16,685,212
$16,196,339
391
$2,388,181
99
48
$131,394
100
$941,494
4,468
FY 2013 FY 2014 FY 2015 FY 2016
$33,221,825
$16,559,295
$16,662,530
358
$2,289,040
99
34
$63,962
100
$956,023
3,186
$33,001,909
$17,044,163
$15,957,746
341
$2,300,112
99
39
$61,849
100
$886,509
3,253
$32,883,771
$16,689,234
$16,194,537
331
$2,239,132
99
41
$58,013
100
$898,593
4,493
Budget/Accounts Payable/Purchasing
Accounts Receivable/Collections
The Accounts Receivable/Collections section is responsible for collecting and depositing all revenue
received by the department. Two departmental bureaus are fully receipt supported, which makes it
important that all revenues are collected and deposited in a timely and accurate manner. In addition,
collected penalties are remitted to the Civil Penalty and Forfeiture Fund, administered by the Office of
State Budget and Management, for distribution to local school systems throughout the state in accordance
with state law.
The responsiveness of the PayPoint application for our customers allows us to provide immediate receipts
either through email or by fax, which benefits our customers as they no longer have to depend on personal
check copies or bank statements. Whereas eight bureaus are now utilizing the PayPoint application, four
of the eight now accept online payments directly through the Department of Labor website.
N.C. Department of Labor 2016 Annual Report
3
Successful integration of the OnBase System with the OSHA Express system is now complete. OnBase is
a custom-designed system to automate our collection of Occupational Safety and Health Division penalty
payments. The OSHA Express system facilitates the workflow within the OSH environment and makes it
easier to perform data entry, look up information and generate reports. The integration has resulted in the
ability to begin collecting penalties and interest on outstanding accounts, which should assist in quicker
payments of the original penalties resulting from OSH inspections.
The Budget and Management Division continues to work closely with the NCDOL Research and
Information Technology Division in developing the new Amusement Device Inspection Tracking System.
This system allows customers to request inspections online 24 hours a day, eliminating the restriction of
having to call the budget office during business hours. It provides a centralized location where information
can be viewed by the budget staff, the amusement administrative team, field inspectors and customers, thus
streamlining the information sharing process.
Communications Division
The NCDOL Communications Division provides publications and information to the general public and
media outlets. Information is handled in a number of ways—through direct telephone contact with the
members of the media and general public, news releases, newsletters, social media, brochures, manuals and
other publications. The division also compiles the department’s annual report, prepares talking points for
NCDOL personnel, coordinates guests and prepares briefing materials for Commissioner Berry’s monthly
radio show on WSHA 88.9 FM and promotes the department’s programs to the public. The Publications
Bureau staff designs and prints workplace safety documents and other materials the department provides
to the public.
The division edits all materials printed by the Publications Bureau and coordinates the posting of items
on the department’s website. The division released 78 news releases and media advisories in 2016. Topics
included SHARP and Star Program ceremonies, safety award winners and other events and programs.
The division manages the department’s social media platforms on Facebook, YouTube and Twitter, posting
content for all NCDOL divisions and bureaus. An Instagram account was added in October. The Facebook
page increased from 515 likes at the beginning of the year to 650 likes at the end of the year. The division
continued to use the department’s Twitter account that began in May 2012. The division tweeted 315 times
during 2016. The department’s Twitter account grew from 784 followers at the beginning of the year to
1,029 at the end of the year.
The Communications Division produces and manages the department’s external newsletter, the NC Labor
Ledger, which has an electronic subscription base of 16,138 as of December 2016. The division’s print shop
produces more than 1.5 million impressions and 847 electronic items, such as safety brochures, industry
guides, logos and labor law posters, which are made available to the public. The print shop staff also
processed 98,295 pieces of outgoing mail in addition to distributing incoming mail for the department’s
Raleigh area offices.
Governmental Afairs Division
The 2015-2016 General Assembly re-convened on Monday, April 25, to officially commence the 2016 short
session. The House and Senate concluded its short session work on Friday, July 1. This year the General
Assembly held five “extra sessions” on Feb. 18, March 23, Dec. 13, Dec. 14 and Dec. 21 to consider
various matters, none of which were relevant to the department. This document briefly summarizes the
legislation that the Governmental Affairs division tracked during the short session.
4
Administration Division
HB 1030— 2016 Appropriations Act (S.L. 2016-94)
This bill makes changes to the biennial budget set forth in S.L. 2015-241 (Appropriations Act of 2015) and
became effective on July 1, 2016. The N.C. Department of Labor received a one-time credit of $300,000
for IT needs. The bill eliminates two vacant OSH compliance officer positions. These positions were
targeted for elimination since they have been vacant more than two years, which was the criteria set by
the General Assembly in eliminating certain positions. Additionally, the final budget includes a 1.5 percent
raise for state employees, a one-time, across the board bonus of 0.5 percent payable in Oct. 2016, and
allocates a pool of money to the department for additional one-time, merit-based bonuses.
Additionally, there are several special provisions in the budget bill that apply to the department.
HB 805—Budget Technical Corrections (S.L. 2016-123)
This bill began as the Measurability Assessments Bill intended to require a measurability assessment of
any proposed or existing state program to determine whether the program is or will be capable of reporting
performance and return on investment. The bill later became the Budget Technical Corrections Bill, and
keeps the measurability assessments provision. There is one provision in the Technical Corrections Bill
that applies to the N.C. Department of Labor: Section 6.4 which eliminates certain vacant positions. The
bill changes the date on which any positions that have been vacant for more than 12 months may be
eliminated from April 17, 2016 to April 30, 2016.
• Section 6.3 addresses circumstances when the General Assembly does not pass a budget by June
30. The new language eliminates the need for continuing resolutions and would allow for the
automatic continuation of state funding at levels authorized in the previous year’s budget. This
eliminates the threat of a “state government shut-down.”
• Section 6.4 adds on to the provision in last year’s budget about positions vacant for more than 12
months. Any position that is vacant for more than 12 months as of April 30, 2016, is subject to
elimination, and each position will go through a vetting and exception process through the North
Carolina Office of State Budget and Management.
• Section 7.3(C) states the intention of the General Assembly in next year’s session to
	
appropriate funds to Department of Information Technology for overhead costs, removing that as a
billed agency cost for subscription fees.
• Section 7.5 allocates the N.C. Department of Labor a one-time credit of $300,000 for IT needs.
• Section 7.14(D) eliminates the N.C. Longitudinal Data System Board, which was established in
2012 and on which the Commissioner of Labor was a member. The board has not met in at least a
year.
• Section 32.5 eliminates the Youth Advocacy and Involvement Office (YAIO) and transfers its
functions to the Council for Women in the Department of Administration. The YAIO operates the
internship program that has been the source of NCDOL student interns.
• Section 36.18 allows agencies to offer employees the opportunity to use or cash in
	
	
special bonus leave that previous budgets have provided. To do so, agencies must meet the
	
following conditions—participation must be voluntary, special leave payouts must be valued at
the employee’s current salary rate, and each agency must collect and report certain demographic
information on employees who use the program to the legislature.
N.C. Department of Labor 2016 Annual Report
5
HB 1043—Zip Line and Challenge Course Safety/Sanders’ Law
This bill was filed after the department completed a study of the zip line and challenge course industry in
North Carolina as directed by S.L. 2015-152. The N.C. Department of Labor worked with Rep. Ted Davis
to draft the bill as he requested. Rep. Davis is a relative of Sanders Burney, the 12-year-old girl who died
following a zip line accident at Camp Cheerio in June 2015. The bill enacts a new Article 24 to Chapter
95 known as the “Zip Line and Challenge Course Safety Act.” The bill governs the design, construction,
installation, inspection, certification, operation, use, maintenance and investigation of accidents involving
zip lines, aerial adventure parks, canopy tours, challenge courses and other similar devices.
Section 2 of the bill consists of the new Article 24. The main provisions are as follows:
• Provides that devices shall be inspected at least once annually by a third party, qualified inspector.
A person may be designated as a qualified inspector by filling out an application form provided by
the commissioner, and must reapply biennially.
• Requires that a professional engineer must approve device plans before a device is erected or changed.
States that the design, manufacture, installation, operation, and maintenance of all devices subject
to this Article must conform to one of the following standards: ACCT Standards, PRCA Standards,
ERCA Standards, or ASTM Standards.
• Requires that an owner of a device shall annually submit an application for a certificate of
operation to the Commissioner and shall request a certificate of operation for each device at least
30 days before the expiration of the certificate.
• Requires that an owner of a device inspect a device before opening on each day that
the device is intended to be used, train employees in accordance with the ANSI/PRCA 2014
Ropes Challenge Course Installation, Operation and Training Standard or a similar standard, have
an emergency evacuation plan in accordance with these standards, and maintain a record
	
of these completed requirements. The Commissioner may refuse to issue or renew or may revoke,
suspend, or amend the certificate of operation for any device regulated by this Article and may
order that an unsafe device be stopped until deemed safe upon failure to meet these requirements.
• Requires that operators of devices be at least 18 years of age and prohibits operating devices while
impaired.
• Provides that no owner shall operate a device subject to the provisions of this Article unless there is
in existence a contract of insurance providing coverage of not less than $1 million dollars per
occurrence against liability for injury to persons or property arising out of the operation of such
device.
• Provides for civil and criminal penalties for certain violations of the Article.
Section 3 allows the Department of Labor to adopt rules, including temporary rules, design and distribute
forms, begin accepting applications, and establish and collect fees in order that a device subject to the
provisions of this act that is existing on or before Dec. 1, 2017, is in compliance with the provisions of this
act and has received a certificate of operation from the Department of Labor by that date.
Section 4 establishes the effective date for Section 2 of the act as Dec. 1, 2017, and the effective date for
the remainder of the bill upon law.
The bill was heard in the House Judiciary III Committee and received many questions and comments from
members of the committee as well as representatives from various stakeholder groups, including the Youth
Camp Association and the Aerial Adventure Association. After receiving a favorable report in the House
Judiciary III Committee, the bill was then referred to the House Finance committee where it remained
for the duration of the session. The department expects that a new bill will be filed during the 2017 long
session. 6
Administration Division
SB 747—State-Owned Real Property Management/PED (S.L. 2016-119)
This bill would change the way in which state-owned real property is managed and disposed of. This would
affect the Council of State, which is tasked with approving transactions involving state-owned property. The
bill implements various recommendations from the Program Evaluation Division’s report, “North Carolina
Should Dispose of Unneeded Real Property and Improve Portfolio Management to Reduce Costs, Report
Number 2015-04 (June 2015).” These changes would require more active management of state-owned real
property, ongoing identification and disposal of surplus state-owned real property, ongoing measurement
and reporting of utilization of state-owned real property, ongoing updating of state-owned real property
inventories and ensuring that state-owned property is not available before leases are approved or renewed.
Of specific interest to the department, Section 3(c) deals with the renewal of leases for OSH regional offices.
Per this section, these leases cannot be renewed unless suitable state-owned property is not available for
occupancy. The first lease that could be impacted by this provision is Asheville, which expires July 31,
2017.
Bills Introduced That Did Not Become Law
• Legislation that would reduce the number of employees an employer must have from 25 to five
before the employer is required to use E-Verify.
• Legislation that would exempt employees of a seasonal amusement establishment from wage and
hour overtime and record keeping requirements.
• Legislation that would require the N.C. Department of Labor to report to the Attorney General’s
office any local government entities that are not in compliance with the contract requirements of
E-Verify.
Human Resources Division
The Human Resources Division supports the department through the administration and management of
workplace services and the personnel policies and procedures established by the State Personnel Act (N.C.
Gen. Stat. § 126). Human Resources chronicled new hires, separations from service, promotions within
the department, job postings, applications received and total personnel actions processed. In addition, the
two part-time Human Resources Division receptionists in the Labor Building assisted the department by
responding to 3,997 phone calls in 2016.
Working with a third-party administrator, Human Resources administers the department’s workers’
compensation program. There were 11 reported injury/illness claims during 2016. Of these, two qualified
as OSHA recordable injuries. Table 2 provides a comparison of HR activity in calendar years 2013 through
2016.
N.C. Department of Labor 2016 Annual Report
7
Table 2
Human Resources Activities, Calendar Years 2013 Through 2016
New Hires
Separations
Promotions
Job Applications Received
Personnel Actions Processed
Total Positions on 12/31
Total Employees on 12/31
(includes part-time employees
sharing one position)
Positions Posted for the Year
(internal, external and repostings)
Average Employee’s Age
Average Employee Service Months
EEOI Training/Refresher Course
24
47
25
12,589
211
403
371
6
67
50
179
11
2013 2014 2015 2016
40
38
31
10,378
712***
384
355
4
89
50
156
42
49
25
7,813
417
382
340
4
91
50
158
59
48
21
10,960
856****
382
352
4
99
51
150
2
** Includes 380 legislative increase salary adjustments.
*** Includes 357 legislative increase salary adjustments.
****Includes 326 legislative increase salary adjustments and 143 salary adjustment fund actions.
Legal Afairs Division
The Legal Affairs Division advises the commissioner and the department as a whole on a wide variety of
legal issues. The division monitors all legal issues related to the department. This includes reviewing and
referring cases in need of litigation to the Attorney General’s Office; advising the commissioner and the
department when policy developments involve legal issues; drafting and conducting legal reviews of policies
and procedures; fielding a large number of and wide variety of constituent questions/issues on a daily basis;
serving as liaison between the Occupational Safety and Health Review Commission and the department
for the purpose of distributing contested case documents and maintaining and reporting availabilities and
hearing schedules; maintaining a comprehensive database and auditing employee compliance with the
NCDOL State Vehicle Use Policy; tracking and initiating appropriate action on all bankruptcy matters
affecting the department from initiation to recovery/distribution of outstanding wages, invoices and civil
money penalty debts; handling collection of outstanding wage and hour debts on behalf of employees before
and after they have been reduced to judgment; serving as liaison between NCDOL and the N.C. Attorney
General’s Office for contested case petitions filed under N.C. Gen. Stat. § 150B; conducting a variety
of jurisdictional case file reviews and comprehensive reviews of potential litigation files for wage and
hour/employment discrimination complaints; housing the position of chief records retention officer for the
department; housing the position of agency rulemaking coordinator who is responsible for coordinating/
conducting all administrative rulemaking activities for the department and preparing/filing all rulemaking
reports required by N.C. Gen. Stat. § 150B; housing the position of agency ethics liaison to field ethics
questions, track ethics training, and ensure conformance with the reporting requirements of the state ethics
laws; and housing the position of agency business license coordinator to ensure conformance with reporting
requirements of licenses/permits obtained from the department by the public.
8
Administration Division
Wage and Hour Judgments/Settlement Disbursements
Since 2009, the Legal Affairs Division has been assisting the Attorney General’s Office in collecting
outstanding wage and hour judgments. All outstanding judgments are in different stages of the collection
process as the division continues to actively pursue collection of these wages for the employees to whom
they are owed.
The division has worked actively with employers to collect monthly payments after the employer defaults
on a settlement agreement entered into with the department to pay back wages plus interest to one or more
employees. The Legal Affairs Division also continued to work with Barber Scotia College to collect and
distribute interest on wages that were owed to 46 current and former employees of the college. During
2016, BSC made one final quarterly payment of $8,989.07. Payment was disbursed among the employees
at the end of the quarter. Total outstanding wages disbursed in 2016 were $9,419.07.
Division/Departmental Policies and Procedures
The Legal Affairs Division continues to collaborate with both the Boiler Safety Bureau and the Elevator and
Amusement Device Bureau to review and revise certain policies, practices and procedures. These revisions
are an effort to streamline inspection procedures, maximize the effectiveness of penalty assessment and
collections, and conserve time for field and office staff alike through a variety of revised measures. Work
on revising these policies and procedures will continue into 2017.
The Legal Affairs Division is responsible for maintaining and auditing driving histories in accordance with
the NCDOL Vehicle Use Policy. All NCDOL personnel who may have the potential to drive a state-owned
vehicle during their course of employment with the department, or who are required to have a valid North
Carolina driver’s license must submit a signed form to the division and a DMV history search will be
conducted. After review of the employee’s driving record, an employee may be authorized to drive a state-owned
vehicle. All individuals with the department who drive as part of their job duties or are authorized
to drive a state vehicle must report any and all traffic violations to their supervisor, the motor fleet vehicle
liaison and the Legal Affairs Division immediately upon being charged with the violation.
Upon request and assignment by the Office of State Human Resources, members of the Legal Affairs
Division provide mediation services to other state agencies as a part of OSHR’s grievance procedure.
The division provides continuous support to the entire department through such things as administrative
assistance, interpretations, guidance and assistance on specific matters and issues, and enforcement/
investigation of policy and procedure violations.
Occupational Safety and Health Variances
In accordance with N.C. Gen. Stat. § 95-132, employers may apply to the commissioner for a temporary,
permanent or experimental variance from a promulgated occupational safety and health standard. The Legal
Affairs Division works with the Education, Training and Technical Assistance Bureau to review variance
applications and to ensure compliance with the N.C. General Statutes, N.C. Administrative Code and the
Code of Federal Regulations. The division also prepares and files the paperwork necessary to process
a variance request in accordance with Title 13, Chapter 07A, Section .0700 of the N.C. Administrative
Code, Rules of Practice for Variances: Limitations: Variations: Tolerances and Exemptions. There were no
variance requests filed in 2016.
N.C. Department of Labor 2016 Annual Report
9
Rulemaking
Occupational Safety and Health Division
On July 16, 2014, the North Carolina General Assembly enacted Session Law 2014-76, House Bill 644,
entitled: An Act Relating to the Handling of Antineoplastic Agents to Prevent an Injury Caused by Exposure.
This law established N.C. Gen. Stat. § 95-156, entitled “Handling of Dangerous Antineoplastic Agents.”
Session Law 2014-76 required the Commissioner of Labor to adopt rules to establish requirements for the
handling of antineoplastic agents in facilities where there is occupational exposure to antineoplastic agents.
13 NCAC 07G .0101—Handling Of Antineoplastic Agents—was adopted with an effective date of June
13, 2016.
Periodic Review and Expiration of Rules
In the 2013 legislative session, the General Assembly enacted Session Law 2013-413. This law established
N.C. Gen. Stat. § 150B-21.3A, “Periodic Review and Expiration of Existing Rules.” This statute requires
the Rules Review Commission to establish a process and schedule for those covered agencies to ensure
compliance with the law. This schedule and process requires agencies to review all of their active rules
codified in the N.C. Administrative Code every 10 years.
As part of the process, agencies must classify each rule subject to review as:
1. “Necessary with substantive public interest,” generally meaning the rule is needed but there is a
known or suspected concern about it from the public;
2. “Necessary without substantive public interest,” generally meaning the rule is needed and there is
no known concern from the public; or
3. “Unnecessary,” meaning the agency determined the rule is obsolete, redundant or otherwise no
longer needed.
Ofice of Occupational Safety and Health
On Sept. 1, 2015, the division assisted the commissioner of labor in conducting a mandatory review of rules
codified under 13 NCAC 07, Office of Occupational Safety and Health, according to the requirements of
N.C. Gen. Stat. § 150B-21.3A. As a result of the review, the commissioner initially determined all rules
codified under 13 NCAC 07, Office of Occupational Safety and Health, were necessary without substantive
public interest, except for 13 NCAC 07F .0105, which was determined to be unnecessary.  The initial
determination was published in a report posted on the Department of Labor’s website on Sept. 8, 2015, and
on the Office of Administrative Hearing’s website on Sept. 12, 2015. A public comment period was open
from Sept. 16, 2015, until Nov. 16, 2015. The Department of Labor received no public comments, and the
commissioner finalized the determination that all rules were necessary without substantive public interest
on Dec. 1, 2015, except for 13 NCAC 07F .0105, which was determined to be unnecessary.
Pursuant to 26 NCAC 05 .0211, the review of these administrative rules was completed and a final report
was filed with the RRC before its meeting on Feb. 18, 2016. At that meeting, the RRC approved the
Department of Labor’s determination that all rules under 13 NCAC 07, Office of Occupational Safety and
Health, were necessary without substantive public interest, except for 13 NCAC 07F .0105, which was
determined to be unnecessary.
The Rules Review Commission sent a report to the Joint Legislative Administrative Procedure Oversight
Committee at the General Assembly on Feb. 22, 2016. The commission’s determination became final
following review by the Joint Legislative Administrative Procedure Oversight Committee on March 1,
2016.
10
Administration Division
Wage and Hour
On Sept. 1, 2015, the division assisted the commissioner of labor in conducting a mandatory review of
rules codified under 13 NCAC 12, Wage and Hour, according to the requirements of N.C. Gen. Stat. §
150B-21.3A. As a result of the review, the commissioner initially determined all rules codified under 13
NCAC 12, Wage and Hour, were necessary without substantive public interest. The initial determination
was published in a report posted on the Department of Labor’s website on Sept. 8, 2015, and on the Office
of Administrative Hearing’s website on Sept. 12, 2015. A public comment period was open from Sept. 16,
2015, until Nov. 16, 2015. The Department of Labor received no public comments, and the commissioner
finalized the determination that all rules were necessary without substantive public interest on Dec. 1, 2015.
Pursuant to 26 NCAC 05 .0211, the review of these administrative rules was completed and a final report
was filed with the RRC before its meeting on Feb. 18, 2016. At that meeting, the RRC approved the
Department of Labor’s determination that all rules under 13 NCAC 12, Wage and Hour, were necessary
without substantive public interest.
The RRC sent a report to the Joint Legislative APO Committee at the General Assembly on Feb. 22, 2016.
The RRC determination became final following review by the APO on March 1, 2016.
Verbatim Adoptions: Occupational Safety and Health
General Industry (13 NCAC 07F .0101)
The division adopted verbatim, changes to Title 29 of the Code of Federal Regulations promulgated by
federal OSHA, which included changes to Part 1910—General Industry. This verbatim adoption was
effective April 22, 2016.
The correcting amendment published in the Federal Register on March 1, 2016 (81 FR 10490), corrects 29
CFR § 1910.106(a)(14) to reinstate introductory text. OSHA’s correcting amendment was effective March
1, 2016.
The amendment of 13 NCAC 07F .0101 incorporates recent OSHA changes to the provisions of the
Occupational Safety and Health Standards for General Industry at 29 CFR 1910. The amendment is required
by 29 CFR 1902.2(a) and N.C. Gen. Stat. § 95-131(a) in order for North Carolina’s occupational safety and
health program to be as effective as the federal program and to maintain North Carolina’s state plan status
under the federal Occupational Safety and Health Act of 1970. This rule was adopted in accordance with
N.C. Gen. Stat. § 150B-21.5(c).
Marine Terminals (13 NCAC 07F .0502)
The division adopted verbatim, changes to Title 29 of the Code of Federal Regulations promulgated by
federal OSHA, which included changes to Part 1917—Marine Terminals. This verbatim adoption was
effective Sept. 2, 2016.
The revising amendment published in the Federal Register on March 25, 2016 (81 FR 16085), revises 29
CFR §1917.3 and 29 CFR §1917.91 by updating the references to national consensus standards approved by
the American National Standards Institute. OSHA’s revising amendment was effective April 25, 2016. The
changes involve incorporation by reference of the latest ANSI/ISEA Z87.1-2010 standard on Occupational
and Educational Eye and Face Protection Devices and removal of the oldest ANSI (Z87.1-1989) version
of the same standard.
N.C. Department of Labor 2016 Annual Report
11
The amendment of 13 NCAC 07F .0502 incorporates OSHA revisions to the provisions of the Occupational
Safety and Health Standards at 29 CFR 1917. The amendment is required by 29 CFR 1902.4(a)(1) and
N.C. Gen. Stat. § 95-131(a) in order for North Carolina’s occupational safety and health program to be
as effective as the federal program and to maintain North Carolina’s state plan status under the federal
Occupational Safety and Health Act of 1970. This rule was adopted in accordance with N.C. Gen. Stat. §
150B-21.5(c).
General Industry (13 NCAC 07F .0101)
Construction (13 NCAC 07F .0201)
Shipyard Employment (13 NCAC 07F .0501)
The division adopted verbatim, changes to Title 29 of the Code of Federal Regulations promulgated by
federal OSHA, which included changes to Part 1910—General Industry, Part 1926—Construction and Part
1915—Shipyard Employment. These verbatim adoptions were effective Sept. 2, 2016.
(1) Eye and Face Protection
The amendment published in the Federal Register on March 25, 2016 (81 FR 16085), revises 29 CFR
1910.6, 1910.133, 1915.5, 1915.153, 1926.6 and 1926.102 by updating the references to national consensus
standards approved by the American National Standards Institute. This final rule updates eye and face
protection requirements in OSHA’s general industry, construction, and shipyard employment standards. The
changes involve incorporation by reference of the latest ANSI/ISEA Z87.1-2010 standard on Occupational
and Educational Eye and Face Protection Devices and removal of the oldest ANSI (Z87.1-1989) version of
the same standard. OSHA’s amendment was effective April 25, 2016.
(2) Occupational Exposure to Respirable Crystalline Silica
The final rule published in the Federal Register on March 25, 2016 (81 FR 16286), amends 29 CFR 1910.1000,
1915.1000, and 1926.55 and adopts 29 CFR 1910.1053, 1915.1053, and 1926.1153 for occupational
exposure to respirable crystalline silica. This final rule establishes a new permissible exposure limit of 50
micrograms of respirable crystalline silica per cubic meter of air (50 μg/m3) as an eight hour time-weighted
average in all industries covered by the rule. It also includes other provisions to protect employees, such as
requirements for exposure assessment, methods for controlling exposure, respiratory protection, medical
surveillance, hazard communication, and recordkeeping. OSHA is issuing two separate standards—one
for general industry and maritime, and the other for construction—in order to tailor requirements to the
circumstances found in these sectors. This final rule was effective June 23, 2016.
(3) Occupational Exposure to Respirable Crystalline Silica
The correcting amendments, published in the Federal Register on May 18, 2016 (81 FR 31167), make minor
corrections to Table Z-3-Mineral Dust in 29 CFR 1910.1000, Table Z-Shipyards in 29 CFR 1915.1000 and
Threshold Limit Values of Airborne Contaminants for Construction in 29 CFR 1926.55.
(4) Occupational Exposure to Respirable Crystalline Silica
The correcting amendments, published in the Federal Register on Sept. 1, 2016 (81 FR 60272), correct
typographical errors in the final rule by revising Table Z-3-Mineral Dust in 29 CFR 1910.1000, Table
Z-Shipyards in 29 CFR 1915.1000 and Threshold Limit Values of Airborne Contaminants for Construction
in 29 CFR 1926.55.
12
Administration Division
The amendments of 13 NCAC 07F .0101, .0201, and .0501 incorporate recent OSHA revisions to the provisions
of the Occupational Safety and Health Standards at 29 CFR 1910, 1915, and 1926. The amendment is required
by 29 CFR 1902.4(a)(1) and N.C. Gen. Stat. § 95-131(a) in order for North Carolina’s occupational safety
and health program to be as effective as the federal program and to maintain North Carolina’s state plan status
under the federal Occupational Safety and Health Act of 1970. This rule was adopted in accordance with N.C.
Gen. Stat. § 150B-21.5(c).
Research and Information Technology Division
Research
The research area of the division collects information and data for use by the commissioner of labor. The
division develops and implements special programs and projects. The division also provides policy staff
support to the commissioner and other divisions within the department.
Safety and Health Survey Section
The Safety and Health Survey Section of the division collects, reviews, refines and publishes the Survey of
Occupational Injuries and Illnesses data for certification to the U.S. Bureau of Labor Statistics. The data—used
by both state and federal departments of labor—provide accurate estimates of North Carolina’s work-related
injury and illness rates as well as details about demographic and case characteristics for injured workers. The
state incidence rate for injuries and illnesses in the private sector was 2.6 for every 100 full-time employees
in 2015, which was significantly below the national rate of 3.0. The 2015 SOII figure for North Carolina was
the lowest on record for the state. (See Figure 1.)
Figure 1
Occupational Injury and Illness Rate for North Carolina,
Private Sector, Calendar Years 2000 Through 2015
N.C. Department of Labor 2016 Annual Report
13
Annually, North Carolina samples roughly 8,600 establishments for the Survey of Occupational Injuries
and Illnesses. For the 2015 SOII (collected during 2016), the state sampled 8,600 establishments, of which
7,407 remained collectible after accounting for business closures, sampled unit changes and duplicate
sampled units. This total collectible number ranks as the fifth highest total among all states and represents
21.8 percent more collectible units than the next closest state.
The sample selection process begins with North Carolina providing a list of important industries to BLS.
 
When BLS randomly selects establishments for participation in the survey, it does so within those targeted
industries in order both to ensure that SOII produces usable estimates for industries important to North
Carolina and to guarantee that North Carolina’s sample reflects the business community generally. Within
those targeted industries, BLS then draws a random sample of establishments using data obtained from the
Quarterly Census of Employment and Wages.
The survey includes private, local and state entities sampled at the establishment level, not the business
or corporate level. Thus BLS may sample one company more than once if it owns or operates multiple
locations.   BLS then mails survey participants a prenotification letter informing them about SOII and
asking them to maintain injury and illness records for the following year. The mailing also provides all
necessary documents such as copies of the OSHA 300A logs since federal regulations require all sampled
establishments to participate regardless of whether or not they normally maintain annual OSHA logs.
Sampled units receive the actual survey in January following the surveyed year. In 2016, 86.4 percent
of sampled establishments responded to North Carolina’s 2015 SOII. NCDOL staff members refer any
establishments that have failed to respond or have expressly refused to respond to the survey to the federal
Bureau of Labor Statistics for further action.
After the survey collection period ends, the Bureau of Labor Statistics aggregates all of the data. It then
produces injury and illness estimates for each targeted industry as well as an overall state injury and illness
rate, private sector injury and illness rates, and local and public sector injury and illness rates.
Many stakeholders use the data. The NCDOL OSH Division employs the data to target hazardous
industries. Businesses in nearly every sector use the injury and illness data to benchmark themselves
and to evaluate the relative safety of their workplaces. Academics also analyze the injury and illness data
for safety trends, and even journalists have made use of the data to inform and support stories as well as
pinpoint industries worth investigating.
The section also codes, analyzes and publishes statistical data on occupational fatalities in the state to build
the BLS-sponsored Census of Fatal Occupational Injuries. The information is obtained from employers,
death certificates, medical examiner reports and other sources. Fatality and injury and illness information
enables NCDOL to better understand how and where accidents occur. The figures also are used to assist
those industries with high rates of injuries and fatalities to target safety and health education and training
where needed. Bureau of Labor Statistics figures (from the Census of Fatal Occupational Injuries) show
that North Carolina suffered 150 workplace deaths in 2015. (See Figure 2.)
Using census data, BLS also calculates the fatality rate for North Carolina as the number of fatal workplace
injuries per 100,000 equivalent full-time workers.  In 2015, the fatality rate was 3.4 fatalities per 100,000
full-time worker—equal to the 3.4 fatality rate among all states participating in the CFOI program.  In
addition, the 3.4 rate represents an increase from the 3.1 rate recorded for 2014 in North Carolina.
14
Administration Division
Figure 2
Census of Fatal Occupational Injuries Data, Calendar Years 2000 through 2015
Information Technology
The information technology section of the division provides the department with information technology
services for the administration, design, engineering, and acquisition of all software and hardware, while
providing daily computer service and support. It also supports a federal-level information system OSHA
Information System, which is used by the Occupational Safety and Health Division.
In 2016 the information technology section’s accomplishments included:
Completed the migration of all servers located at NCDOL to be housed at the Department of Information
Technology.
• OnBase document management system—OnBase has continued to grow to become part of the
daily routine for the bureaus. The PC Support Team has provided OnBase system support in the
following areas:
• Training design
• Reporting
• System enhancements
• Design of Budget Accounts Receivable/OSH Collections Workflow
• Planning the move and upgrade of OnBase to DIT.
• OSHA Express information management system—The PC Support Team provided support for the
installation of an interface module to allow the transfer of data between the DOL OSHA Express
system and the federal OSHA Information System. In addition, the team provided the following
OSHA Express support:
• Daily support of OSHA Express users
• Support of the Citrix Server
• Planning and developing the Citrix-OE server’s move to DIT
• The IT Help Desk responded to a total of 6,169 internal telephone and email requests for assistance.
• There were 17 PC, 88 laptop, and 49 printer refreshes for 2016.
Collections for interest and penalties automated processes applied to an invoice that meets past due
requirements was implemented in 2016.
Started using report services for the Wage and Hour Bureau—this shortens the time of generating weekly
reports from two hours to 20 minutes creating greater efficiency.
N.C. Department of Labor 2016 Annual Report
15
Developed a method for the OSH Division’s PSIM Bureau to upload not only documents but the large
amount of pictures and videos in a more consistent method and reducing file size, conserving storage space
resulting in a cost savings for the department.
The NCDOL website had 2,107,036 visits in 2016.
16
Administration Division
N.C. Department of Labor 2016 Annual Report
• The ASH Bureau completed 1,731 preoccupancy housing inspections of migrant farmworker
	
	 housing and issued certificates to 1,695 sites.
• The bureau conducted 98 compliance inspections and issued 144 violations, with total current
	
	 penalties amounting to $144,982.50.
• Gold Star status was achieved by 234 growers.
Statistical Highlights for 2016
17
Occupational Safety and Health Division
Agricultural Safety and Health Bureau
Compliance Bureaus
• Compliance conducted 1,673 safety inspections and 962 health inspections, for a total of 2,635
	
	 compliance inspections.
• Compliance issued citations for 4,730 violations, with total current penalties amounting to
	
	 $5,052,106.
Consultative Services Bureau
• The bureau conducted 838 safety visits and 561 health visits, for a total of 1,399 consultative visits.
• Hazards identified and eliminated as a result of consultative visits totaled 7,529. Of these, 6,930
	
	 were serious hazards, 505 were other-than-serious hazards, and 94 were regulatory.
• The bureau recognized 83 Safety and Health Achievement Recognition Program worksites. There
	 are currently 174 active private sector SHARP sites in the program.
• Eight new public sector establishments were added, resulting in 42 public sector establishments
	
	 participating in SHARP at the end of 2016.
Education, Training and Technical Assistance Bureau
• The ETTA Bureau participated in 231 courses, forums and workshops, providing training for
6,652 employers and employees.
• The bureau distributed 46,451 hard copy publications and responded to 3,954 standards
interpretation inquiries.
• The Safety Awards Program celebrated its 70th year, awarding 3,375 annual and 113 million-hour
	 safety awards.
• The bureau recognized six new Star sites and recertified 12 Star sites. There were 147 companies
in the Star Program at the end of the fiscal year.
The Occupational Safety and Health Division comprises six bureaus of the N.C. Department of Labor:
Agricultural Safety and Health; East Compliance; West Compliance; Consultative Services; Education,
Training and Technical Assistance; and Planning, Statistics and Information Management.
Planning, Statistics and Information Management Bureau
• The PSIM Bureau completed the Public Sector Survey for calendar year 2015 data with a 98.6
	
	 percent response rate and a 100 percent clean rate.
• The bureau received 785 disclosure requests and processed 655 requests.
In 2016 the Agricultural Safety and Health Bureau completed
1,731 preoccupancy housing inspections of migrant
farmworker housing and 98 compliance inspections. Housing
certificates were issued to 1,695 sites with total occupancy
(beds) of 21,680. Sites in 100 percent compliance at the
time of the inspection numbered 1,096 and were operated
by 608 growers. Double Gold Star status was achieved by
145 growers and Single Gold Star status was achieved by
89 growers for a total of 234 in calendar year 2016. These
growers were recognized for their efforts Feb. 1-2, 2017, at
the 23rd Annual Gold Star Growers meeting. Ron Wright
of R.J. Reynolds was the recipient of the 2016 Ron Hudler
Workplace Safety Training Award. Wright is the first non-grower
to receive the award.
Occupational Safety and Health Division
Agricultural Safety and Health Bureau
ASH inspectors conducted 98 compliance inspections in calendar year 2016. These inspections included
one accident, seven complaints, 69 referrals, 18 unprogrammed related, one follow-up and two programmed
inspections. The bureau issued 144 violations. During this period, 36 percent of the inspections resulted
in no citations. Total penalties for citations issued amounted to $144,982.50. In addition 10 unregistered,
uncertified camps were discovered in 2016.
18
Inspection Effort
Workplace Safety Training & Outreach
During 2016, ASH conducted two outreach/training sessions for growers and migrant farmworkers on North
Carolina farms. At farm locations, training stations were set up, and staffed by USDOL Wage and Hour
Division, Office of Migrant Health and ASH. All sessions were conducted in Spanish and English. On June
9, 2016, staff worked with tobacco growers in Nashville (Nash County) to conduct onsite training. A total
of 200 farmworkers and 40 growers were trained in agricultural safety issues. This training was hosted
and organized by GAP Connections. Members of the tobacco consortium and the Farm Labor Practices
Group helped promote this. The training consisted of 10 stations that included: heat stress prevention, green
tobacco sickness recognition, farm machine safety (tractors and balers), wage and hour regulations, housing
regulations, field sanitation requirements, and CPR.
Gold Star Growers Meeting
Compliance
Ron Wright receives the 2016 Ron Hudler
Workplace Safety Training Award at the
Gold Star Grower Luncheon, Feb. 1, 2017.
From left to right, Regina Cullen, bureau
chief, ASH; Ron Wright, senior leaf manager,
R.J. Reynolds; Carol Wright; Labor
Commissioner Cherie Berry.
The 22nd Annual Gold Star Growers meeting was held at the
Gov. James G. Martin Building on the N.C. State Fairgrounds
on Feb. 3, 2016. Growers were recognized for the 2015
calendar year. Dr. Vanya Jones, a former ASH intern, and
current professor at Johns Hopkins University, gave the
keynote address. Her topic was “Safety Collaboration in
NC: A Story of a Successful Program Development using a Public Health Approach.” Dr. Jones discussed
her partnership with NCDOL’s ASH Bureau, the NCSU Cooperative Extension and the Gold Star Growers
Program. Dr. Jones worked collaboratively with the Gold Star Growers to determine that driving farm
equipment on rural roadways was the most threatening safety hazard to migrant workers. Dr. Jones also
shared her building blocks for success during her presentation.
NCDOL photo library
N.C. Department of Labor 2016 Annual Report
Compliance Bureaus
The Occupational Safety and Health Compliance Bureau enforces occupational safety and health laws,
rules and regulations, and employee protection in workplaces throughout North Carolina through the use of
professional industrial hygiene, safety engineering, administrative, training and technical services provided
to all employers within the state of North Carolina. OSH Compliance identifies and analyzes workplace
accidents, injuries and occupational illnesses; evaluates workplace safety methods, policies, procedures and
programs; communicates workplace safety information to employees and employers; measures, analyzes
19
An intern with the Agricultural Safety and Health Bureau instructs
farmworkers on CPR technique during an onsite training session at
Leggett Farms, June 9, 2016.
Inspector/Staff Training
Inspectors and staff attended numerous classes, including OSH compliance courses, technical writing and
OSH Express data base training. The ASH Bureau hired two new inspectors in 2016. One inspector came
from Puerto Rico with experience in the medical/health profession, and the other inspector was a previous
employee who returned to ASH after employment with OSH East Compliance Bureau. A bilingual summer
intern, a rising senior at UNC-Chapel Hill, who was sponsored by the N.C. Department of Administration
Governor’s Internship program, assisted with summer on-farm training programs.
Partnerships, Associations and Collaborations With Groups
The ASH Bureau continues to strengthen partnerships and associations with other groups, such as NCSU
cooperative extension agents, the ECU Agromedicine program, and the Office of Rural Health. ASH
personnel conducted training at tobacco grower meetings sponsored by R.J. Reynolds Tobacco, the National
Christmas Tree Grower Association meeting, and a number of other grower organizations during 2016.
Telamon Corporation, a HUD-approved multi-state non-profit organization, determined that as of July
1, 2016, they would no longer provide funding for repairs to migrant housing. Their assistance and their
funding will be missed. They indicated they will focus on other tasks, such as training.
NCDOL photo library
20
and evaluates the effectiveness of safety programs, as well as affecting changes to programs to achieve
optimum results in the various workplaces throughout North Carolina. The compliance activities are directly
associated with the OSH Division’s strategic plan. The data are reported on a federal fiscal year basis (Oct.
1 through Sept. 30).
FY 2016 compliance activities included:
Figure 3 depicts the total number of compliance inspections conducted in North Carolina for federal
fiscal years 2013 through 2016. The reduction in compliance inspections in recent years is the result of a
combination of factors including reduced federal and state funding, noncompetitive salaries and increased
turnover rates. The department is proactively seeking ways to address these concerns through ongoing
discussions with the Office of State Human Resources, the Office of State Budget Management and the
Legislature.
• 2,635 compliance inspections (See Figure 3.)
• 1,673 safety inspections
• 962 health inspections
• 1,105 construction inspections
• 4,730 total violations
• 3.08 average number of violations per inspection
• $5,052,106 in current penalties assessed
• 41 average lapsed days from inspection date to when citations were issued
• 688 informal conferences conducted
• 3,605 serious hazards abated
• 696 employer safety and health program improvements
• 81 inspections associated with the Tree Felling Special Emphasis Program
• 403 inspections in the Construction Special Emphasis Program counties
• 61 inspections in long-term care facilities
• 100 inspections associated with the Health Hazards Exposure Special Emphasis Program
• 161 inspections associated with the public sector
• 138 compliance interventions (includes speeches, training programs and program assistance)
• 56 fatality/accident Inspections, including 48 fatality inspections (OFIR)
• 687 complaint inspections
• 820 referrals/accidents:
• 333 referral/accident inspections
• 487 referral/accident investigations
• 1,698 complaint investigations
• 24 employment discrimination investigations received associated with occupational safety and
health
Occupational Safety and Health Division
N.C. Department of Labor 2016 Annual Report
Several tools, in addition to the statewide injury and illness rates, are used to monitor inspection quality
and operational efficiency. Figure 4 represents the total recordable case rate per 100 full-time public and
private sector North Carolina workers. Internal case file audits, field audits, employer/employee feedback
and informal conferences are some of the tools used to measure quality and consistency of the statewide
work product.
21
Figure 3
Number of Compliance Inspections, FY 2013 Through FY 2016
Source: U.S. Bureau of Labor Statistics
Figure 4
Occupational Injury and Illness Rate for North Carolina,
Public and Private Sectors, calendar years 2001 Through 2015
In addition to inspection/investigation activity, OSH Compliance provides technical assistance and outreach
training to as many employers and employees as resources will permit. Additional significant activities
that occurred in OSH Compliance or involved OSH Compliance participation during FY 2016 include the
following:
• The state’s total recordable case rate released by the U.S. Bureau of Labor Statistics was the
lowest in program history at 2.8 for 2015, which is the most current year available. The
	
private sector TCR also was the lowest in program history at 2.6.
22
• The state’s DART rate, Days Away from Work, Job Transfer or Restriction, released by the U.S.
Bureau of Labor Statistics was the lowest in program history at 1.4 for FY 2015, which is the
most current year available. The private sector DART matched the lowest in program history at 1.4.
• An additional 60 staff members attained various professional certifications in 2016. The
	
staff certifications and credentials strengthen the ratios associated with professionalism in the
department and is showing movement toward the overall strategy to retain experienced safety and
health professionals.
• Customer input was realized through a meeting of the OSH Advisory Council held in early
	
2016 in the western part of the state. OSH Division staff met with representatives of various
advocacy groups in FY 2016. OSH participated in meetings with: North Carolina Justice Center,
AFL-CIO, Farm Labor Organizing Committee, Farm Labor Practices Group, Student Action with
Farmworkers, Farmworkers Advocacy Network and the Western NC Workers Center.
• Five change requests were submitted for the new OSHA Express data management system along
with numerous enhancements this past year.
• In 2016 OSH transmitted a full year of fiscal year data from OSHA Express to OSHA’s OSHA
information system via a new interface.
• A modification was made to OSHA Express in FY 2016 to allow for the issuance of administrative
penalties, in addition to gravity based penalties. Previously, the staff had to modify each gravity
based penalty generated by the system to reflect the established administrative penalties prior to
citation issuance.
• A total of 32 action requests were processed by the Compliance Bureaus. This quality
	
program activity provides opportunities for program improvement identified by customers, division
employees or as a result of internal audits and federal OSHA audits. Ongoing revisions are made to
the Field Operations Manual and Operational Procedure Notices as a result of the quality program
action items.
• OSH Compliance Bureaus closed out numerous inspection files on the OSHA’s IMIS system, prior
to the system being decommissioned July 1, 2016. Four NCR servers previously being utilized by
OSH were decommissioned and disposition arrangements were made per federal procedures.
• OSH Compliance Bureaus provided a participant to the OSHA Legacy Data workgroup. The
OLD system was developed to transfer and maintain IMIS data. The OLD system was partially
rolled out in FY 2016, and additional features are being added to allow OSHA and State Plans to
access and modify pre-OIS inspection files, as necessary.
• OSH Compliance had annual training Sept. 12-14. Training topics included construction
	
hazard identification, electrical hazards, cranes, long term care facilities, handling of antineoplastic
agents, silica standards overview, asbestos awareness, industrial hygiene case studies, combustible
dust, welding and cutting, heat stress, grain bin safety, spray finishing, confined space, scaffolding
safety, pesticides, sampling techniques, noise, logging and arboriculture, respiratory protection,
construction and machine guarding.
Occupational Safety and Health Division
N.C. Department of Labor 2016 Annual Report
23
Left: Corey Dunphy, a trainer with the Education, Training and Technical Assistance Bureau, instructs
an OSH 105 class, Introduction to Safety Standards. Right: Lafayette Atkinson, OSH district supervisor
east, attends quarterly training on cranes and rigging in North Raleigh in September.
NCDOL photo library NCDOL photo library
• OSH Compliance conducted technical writing training for compliance officers Oct. 11-13 at
the Charlotte field office.
• An additional level of case file review for high profile cases was created with the
	
	
establishment of the position of OSH reviewer and program analyst in 2015. This position
	
reports to the assistant OSH director and reviewed 165 high profile cases in FY 2016.
• OSH hosted the 2016 Occupational Safety and Health State Plan Association conference in
	
Wilmington Sept. 20-22. The conference had over 70 attendees from 20 State Plans and
	
federal OSHA.
Labor Commissioner Cherie Berry addresses Doug Kalinowski, OSHA
director of Office of State Plans and Consultation; Jordan Barab, USDOL
deputy assistant secretary; Kevin Beauregard, deputy commissioner NCDOL
OSH Division and other officials at the OSHSPA conference in Wilmington.
photo provided by OSHSPA
24
• The OSH Director is on the Board of OSHSPA as the Vice Chair. The OSHSPA Board meets
with OSHA leadership three times a year to plan and coordinate OSHSPA meetings in an effort
to better ensure consistency amongst OSHA programs nationwide.
• An antineoplastic agents rule went into effect in June 2016. North Carolina Administrative
	
Code Title 13 NCAC07G.0101 incorporates by reference, the recommendations issued
	
by the National Institute for Occupational Safety and Health of the Centers for Disease Control
and Prevention, as contained in the Alert: Preventing Occupational Exposure to Antineoplastic
and Other Hazardous Drugs in Health Care Settings, as published in 2004.
• Gov. McCrory issued Executive Order #83. This Executive Order addresses the issue of
	
businesses that engage in “employee misclassification” by improperly classifying their
	
employees as independent contractors which enables businesses to avoid the liabilities and
	
obligations imposed by state and federal law. The Order established an Employee Classification
Section within the N.C. Industrial Commission to investigate complaints and referrals
	
associated with employee misclassification. The Executive Order encouraged the commissioner
of labor and the head of other agencies to designate employees to serve as a liaison to this new
Industrial Commission Section. A liaison was established in the N.C. Department of Labor
	
and a new code was created in OSHA Express for compliance officers to identify inspections
where there is an issue of potential employee misclassification. A monthly report of all such
	
businesses coded in this manner is now being provided to the N.C. Industrial Commission by
the designated liaison.
• The OSH Director’s Office issued a turnover report in January 2016. This report linked an
	
increasingly high turnover rate the past several years among safety and health compliance
	
officers, to low salaries. This information was shared with the Office of State Human
	
Resources. OSHR also had an outside contractor perform a salary comparison study. The
	
OSHR study and the OSH turnover report had similar findings. A 7 percent salary increase
	
adjustment was provided to the majority of compliance officers in FY 2016, funded by a salary
adjustment fund. Additional efforts are being made to secure additional increases, to better
	
ensure OSH can attract and retain qualified safety and health professionals.
• The OSH Director is on the Advisory Board for the North Carolina Occupational Safety
	
and Health Education and Research Center. NC OSHERC is led by the University of North
	
Carolina with collaboration with NC State University and Duke University. The mission of
	
NC OSHERC is to provide high quality education and research training in occupational health
and safety sciences for the protection of workers. The Advisory Board met in February 2016.
• As part of the OSH quality program, 17 internal inspection report audits were conducted by the
OSH Director’s Office that covered FY 2016. The purpose of the audits was to ensure that
	
inspection activities were being conducted in accordance with established policies and
	
procedures. The findings of these audits were posted internally and feedback was provided to
the compliance bureau chiefs, supervisors, and compliance officers.
• A trench cave-in with N.C. Department of Transportation was investigated, with issuance of
two willful serious trenching violations and $140,000 in penalties.
• The OSH complaint desk processed 2,386 complaints and 820 referrals in FY 2016. This was
a significant increase over the 1,834 complaints and 709 referrals in FY 2015. Over 2,481
	
additional contacts were made with the public that did not result in a valid complaint.
• The OSH Lab completed 748 in-house equipment calibrations. An additional 89 pieces of
	
equipment were sent to the manufacturer for calibration or repair.
Occupational Safety and Health Division
N.C. Department of Labor 2016 Annual Report
25
Consultative Services Bureau
The Consultative Services Bureau continued to provide services to the employers and employees in both
the private and public sectors during federal fiscal year 2016. The bureau conducted 1,399 total consultative
visits. (See Table 3.)
Consultants conducted 221 safety and health interventions with employers which included speeches,
training programs, safety and health program assistance, interpretations, conference presentations and
hazard abatement assistance.
The bureau continues to focus on small and high hazard employers and encourage participation in the
Safety and Health Achievement Recognition Program. During 2016, the bureau recognized 83 SHARP
employers (renewal or initial). Total participation in SHARP reached 222 employers (174 general industry,
42 public sector, 6 construction).
The bureau met all of its target goals for the OSH Division strategic plan by visiting employers in the
Special Emphasis programs.
• 838 (60 percent) safety visits; 561 (40 percent) health visits.
• 1,180 (84 percent) initial visits; 123 (9 percent) training/assistance visits; 96 (7 percent)
	
follow-up visits.
• 1,188 (85 percent) private sector visits; 211 (15 percent) public sector visits.
• 412 (29 percent) manufacturing visits; 402 (29 percent) construction visits; 374 (27 percent)
other industry type visits; 211 (15 percent) public sector visits.
• Hazards identified and eliminated as a result of consultative visits totaled 7,529, a 3.4
	
percent increase over the average of 7,278 during the past three fiscal years. Of these,
	
6,930 (92 percent) were serious hazards, 505 (7 percent) were other-than-serious hazards, 94
(1 percent) were regulatory.
Table 3
Consultative Services Bureau Program, FY 2013 Through FY 2016
Comparisons
Total Visits by Category
Safety
Health
Total Visits by Type
Initial
Training and Assistance
Follow-up
Total Visits by Industry Type
Manufacturing
Construction
Other
Public Sector
Total Visits
FY 2013 FY 2014 FY 2015 FY 2016
911
551
1,227
107
128
411
318
464
209
1,462
808
613
1,179
136
106
447
308
459
269
1,421
891
522
1.178
134
101
403
362
444
204
1,413
838
561
1,180
123
96
412
402
374
211
1,399
Each year employers participating in SHARP have success stories to share. They experience safety and
health benefits including fewer injuries and illnesses and a stronger workplace safety and health program.
During FY 16, the success story from the Original Mattress Factory was published on OSHA’s website.
The agency works with employers to provide them the recognition they deserve for their hard work in
achieving SHARP status. The Original Mattress factory has been a participant in SHARP since 2012.
26
The Education, Training and Technical Assistance bureau continued to focus on increasing efficiency and
effectiveness in providing outreach and technical services to the public. The work of the bureau included
library services, recognition programs (Safety Awards and Carolina Star), publications, rulemaking,
alliances, along with training and outreach.
Employees from The Original Mattress Factory hold up the SHARP
flag at the company’s Raleigh facility. (L to R): Scott Hudson, Eddie
Carrington, Janice Woolard, Matthew Breedlove, Michael Neal, Reed
Murphy, DaQuan Turner, Oliver Smith, Maurice Childressinco, Brett
Rowe, Nadia Aguilar, Jayson Montague.
Education, Training and Technical Assistance Bureau
FY 2016 Accomplishments
Library
The NCDOL library loaned 1,586 volumes (primarily safety videos to registered public patrons).
Additionally, the librarian responded to 1,339 information requests and 462 reference questions from both
public and internal patrons. During the year, over 300 volumes were acquired (e.g., new safety videos
and consensus standards). The librarian alerted staff to webinars and OSHA-related electronic resources.
The library continued to support safety training through its video program and assist agency employees
in their investigations.
NCDOL photo library
Occupational Safety and Health Division
N.C. Department of Labor 2016 Annual Report
27
The Standards Section answered 3,954 inquiries for standards interpretation by phone or written
correspondence for employers and employees across the state. Fifty-four documents were added to the
Field Information System including updates to the Field Operations Manual, new OSH Division policies,
and adoption of multiple federal OSHA Instructions. Final rules adopted in North Carolina included the
Recognition Program
The Safety Awards Program celebrated its 70th year with another successful season. This year, 33 safety
award banquets were held, with a total of 4,362 in attendance. The program distributed 3,375 annual
awards and 113 million-hour awards. Gold Awards were presented to 2,865 employer sites with a total
lost workday case rate (lost and restricted workdays included) at least 50 percent below the state average
for its industry. Silver Awards were presented to 510 employer sites with a lost workday rate at least 50
percent below the state average.
The Carolina Star Program is ranked No. 1 as a state plan state and is ranked second of all states that
participate in the VPP/Star Program. The Star Program enjoyed another year of growth and success: Six
new Star sites achieved Star Site status, four Rising Star sites were promoted to Carolina Star, 12 Star
sites were recertified, and 173 Star interventions were conducted. At the end of FY 2016, there were 147
companies in the Star Program.
Recognition Program
ETTA Publications Sales Desk served 5,671 customers via email, fax, telephone, or walk-in. The bureau
distributed 46,451 publications in support of the division’s outreach and regulatory goals to promote a
safe and secure work environment across the state of North Carolina. Eight publications were updated and
two outreach letters were mailed during FY 2016. Highlights include the following:
The following publications were revised:
• A letter to staffing agencies regarding the responsibilities related to occupational safety and
	
health for temporary workers was created and mailed to 3,127 employers in North Carolina.
• A letter and outreach materials were mailed to 34 construction employers with five or more
	
serious violations regarding OSH outreach services and publications.
• Quick Cards:
• Revised Injury and Illness Reporting Requirements
• Brochures:
• Manager of Environmental, Safety and Health
• Hazardous Chemicals Right to Know Act
• Top Ten Most Frequently Cited Serious Violations in 2015
• Hazard Alerts:
• Heat Stress and Working in Hot Conditions
• Working to Prevent Line of Duty Deaths, Injuries, and Illnesses in North Carolina Firefighters
• Industry Guides:
• OSHA General Industry Standards Requiring Programs, Inspections, Procedures,
	
Records and/or Training (New rules)
• OSHA Construction Standards Requiring Programs, Inspections, Procedures, Records
	
and/or Training (New rules)
Rulemaking
reporting and recording final rule to improve tracking of workplace injuries and illnesses, the final rule
to update consensus standards for eye and face protection, and the final rule on occupational exposure to
crystalline silica. Procedures were written for conducting inspections and issuing citations associated with
the temporary workforce and for calculating employee exposure to carbon monoxide.
28
Alliances
In North Carolina, alliances typically focus on specialized industry outreach and training. Through an
alliance agreement, organizations that are committed to safety and health work with the OSH Division to
prevent injuries, illnesses, and fatalities in the workplace. Current alliances include Carolinas Associated
General Contractors, Forestry Mutual Insurance Co., Lamar Advertising Co., Mexican Consulate, N.C.
Forestry Association, N.C. State University—Industry Expansion Solutions, National Utility Contractors
Association of the Carolinas, and the Safety and Health Council of North Carolina. An alliance with the
Builders Mutual Insurance Company is currently being explored for 2017.
Training and Outreach
The ETTA bureau offers a wide variety of safety and health training and outreach services to employers
and employees across North Carolina. The services include a speakers bureau, free OSHA training, and
technical assistance and outreach support for safety and health schools, conferences and workshops.
Training is offered on demand, as well as through a regularly scheduled training series, which can be
accessed through the online calendar. Training is offered at employers’ worksites, the OSH Division field
offices, and select community colleges and other sites throughout the state. In addition to traditional leader-led
instruction, ETTA provides a webinar series as well. To keep the public informed of upcoming courses,
ETTA sends periodic newsletters to over 11,650 employers/employees every year.
In FY 2016, ETTA hosted and/or participated in 231 courses and events providing training to 6,652 employers
and employees. Additionally, the Consultative Services Bureau trained 2,050 employers/employees which
brought an overall total of 8,702 workers trained by the OSH Division. Training included six 10-hour and
two 30-hour general industry awareness courses, nine 10-hour and two 30-hour construction awareness
courses, two long-term care workshops, 13 Spanish outreach events, 146 speakers bureau events, 45
webinars and 18 booth events. The Labor One mobile training unit was also used for an additional nine
training events at various industrial conferences and “Safety Stand Downs.” The ETTA Training Section
participated with Federal OSHA in the National Safety Stand Down to Prevent Falls in Construction. As
such, three large training events were held at construction projects in Greensboro and Raleigh. Labor One
was on site for tailgate safety training and personal protective equipment demonstrations. Training and
demonstrations were offered in both English and Spanish.
The Training Section continued to expand Spanish Outreach services in FY 2016. They hosted a booth
during the Mexican Consulate Labor Week and the La Fiesta del Pueblo community event where staff
handed out outreach materials and were available for questions on a variety of safety and health topics. In
addition, several public service announcements relating to construction workplace hazards were broadcast
on Hispanic media outlets across the state. The topics included heat stress, confined space, fall protection,
carbon monoxide, electrical safety, OSH overview, struck by/caught between, personal protective
equipment, and hazard communication.
The Training Section also offered its second series of NC 502 and NC 503 refresher courses for the Train
the Trainer Program that was implemented in 2010. For FY 2016, state-authorized trainers provided 10
Occupational Safety and Health Division
N.C. Department of Labor 2016 Annual Report
29
and 30-hour training courses for an additional 125 employers and employees in North Carolina. The Train
the Trainer Program supports the Training Section’s outreach efforts thereby increasing the total number
of employees/employers trained.
Planning, Statistics and Information Management Bureau
The Planning, Statistics and Information Management Bureau responds to statistical data requests and
requests for the redaction and release of OSH Division inspection file documents and Employment
Discrimination Bureau safety and health related investigative file documents. PSIM also gathers and
analyzes injury and illness data by conducting the annual Public Sector Survey. Data are also gathered
and analyzed to publish the OSH Division’s Annual Program Statistics Report and several other annual
department, division and legislative reports. The bureau archives all OSH Compliance inspection files.
The PSIM Bureau maintains the OSH Division’s private and public sector employer databases, the
inspection targeting system, and statistical data related to workplace fatalities, all in support of the OSH
Division’s Strategic Management Plan.
• There were a total of 3,201 surveys mailed to public sector employers (collection of calendar
year 2015 injury and illness data). As of the end of federal fiscal year 2016, 3,157 survey
	
responses were received with a 98.6 percent response rate and a 100 percent clean rate. All
	
survey responses have now been collected.
• Completed an analysis of data collected from the 2012, 2013, and 2014 Public Sector
	
Surveys, resulting in updated, established target rates for employer specific categories.
• Worked in conjunction with ETTA Bureau, Compliance Bureaus and Legal Affairs Division
staff to update and revise several Field Operation Manual chapters and OPN’s. PSIM staff
	
updated OPN 128 and APN 19 for FY 2016.
• PSIM bureau chief continued to perform duties associated with the responsibility of being the
medical records coordinator for the OSH Division.
• Analyzed public sector inspection activities for FY 2011 through 2015.
• Analyzed construction inspection activities for FY 2015.
• Completed FY 2015 Occupational Fatalities Comparison Report using OFIR data.
• Analyzed and verified CY 2015 fatality data for Communications Division’s annual news
	
release. See Figure 5.
30
Figure 5
Fatalities Included in the Occupational Fatality Inspection Review
Calendar Years 2013 Through 2016
• Continued refinement of the OSH private and public sector databases to supplement our
	
exclusive use of the Division of Employment Security database.
• Received, researched, and processed 1,113 requests for revisions/changes to the private and
	
public sector databases, which helps to enhance the accuracy of these site databases and the
	
OSH Division Targeting System.
• Various targeting schedules were updated and assignments released:
• Public Sector Schedule
• General Industry Schedules (Safety and Health)
• ASH Schedule
• Health Hazards Schedules (Asbestos, Lead, and Isocyanates)
• Fatality Reinspection Schedule
• Communication Tower Schedule
• PSIM staff members continued as active Strategic Management Plan Committee members
	
and participated in all SMP meetings, discussions, and activities, which were essential
	
functions directly related to the success of OSH Division Strategic Management Plan goals.
• PSIM staff participated as a representative from the OSH Division to the Occupational
	
Surveillance Advisory Group.
• Bureau Operating Procedures were updated and posted to the One Stop Shop.
• Compilation of OSH data was initiated for the NCDOL Annual Report, the OSH Annual
	
Program Statistics Report and various other annual reporting requirements.
• The PSIM Bureau received closed inspection files for FY 2013 (and older) from the field offices.
• After several years of contracting for the OSH Compliance inspection files to be imaged by an
outside company, PSIM staff began successfully imaging these files in-house.
Occupational Safety and Health Division
N.C. Department of Labor 2016 Annual Report
31
• The project of quality control review is continuing and ongoing for OSH inspection files,
	
which have been archived through the imaging and file conversion processes.
• Received 785 disclosure requests during FY 2016 and processed 655 requests (608 from FY
2016 and 47 from previous years) during this fiscal year, which resulted in an 83.5 percent
	
response rate.
• PSIM bureau chief participated in the OSHA Injury Tracking Application Workgroup to
	
provide input to Federal OSHA from a State Plan perspective relative to the upcoming
	
changes to the 1904 Recordkeeping Standard.
• PSIM provided notifications of workplace accidents and fatalities to the N.C. Department
	
of Commerce, N.C. Industrial Commission Fraud Investigations Unit of the Insurance
	
Compliance and Fraud Investigation Section.
• Investigated nine incidents during the year.
• Inspected 52,077 items of pressure equipment.
• Identified 3,024 violations.
• The average backlog for state inspectors was 0.67 percent. The average combined backlog for
both state and insurance company inspectors was 1.20 percent.
• Inspected 5,266 new items.
• Conducted 802 half-day inspections in ASME Code manufacturing shops.
Statistical Highlights for State Fiscal Year 2016
32
Standards and Inspections Division
Boiler Safety Bureau
Elevator and Amusement Device Bureau
• Completed 23,222 routine elevator inspections, with 91.6 percent inspected within 30 days of the
inspection due date.
• Inspected 5,344 amusement devices at 853 locations.
Employment Discrimination Bureau
• Settlements have increased to 28.2 percent of all closed cases.
• Average days to complete a case continued to decrease to 48.89 days.
Wage and Hour Bureau
• Substantiated over $1.7 million due to employees ($1,722,766).
• Recovered over $1.4 million in wages due for over 1,400 workers ($1,429,274 for 1,438 workers).
• Opened 3,049 complaints from employees.
• Closed 3,722 cases as a result of complaints filed.
• Issued 67,114 youth employment certificates online using YEC Auto.
• Youth employment certificates issued through YEC Auto reached nearly 89 percent of all
certificates issued.
• Answered 99.9 percent of 56,010 calls received on the first attempt.
The Standards and Inspections Division comprises five bureaus of the N.C. Department of Labor: Boiler
Safety; Elevator and Amusement Device; Employment Discrimination; Mine and Quary; and Wage and
Hour.
Mine and Quarry Bureau
• Conducted 495 on-site training programs and trained 4,535 miners and contractors.
• Conducted eight Part 48 instructor classes, certifying 73 people as MSHA-approved instructors.
• The injury and illness rate of the North Carolina minerals industry was 1.74 per 100 full-time
	
employees during the 2016 calendar year.
Standards and Inspections Division
During state fiscal year 2016, the Boiler Safety Bureau employed 13 field inspectors, two field supervisors,
five administrative staff and two senior staff to support more than 52,000 inspections. State inspectors,
along with 12 insurance company partners, conducted in-service inspections on boilers, antique boilers,
model/hobby boilers, various types of pressure vessels, repair inspections and pressure equipment accident
investigations. The Boiler Safety Bureau is a receipt-supported bureau; the fees collected pay for the
operation of the bureau and the salaries of the bureau staff.
Commissioned inspectors conducted third-party authorized inspector duties at companies where boilers
and pressure vessels are manufactured. The bureau’s support staff processed and conducted quality control
functions on all inspection reports received by hard copy or electronically.
Boiler Safety Bureau
Programs
Periodic inspection continues to be the primary focus of the Boiler Safety Bureau. The bureau also provides
education and promotes voluntary safety. The bureau’s inspection program for boilers and pressure vessels
covers a wide array of businesses and industries. Table 4 shows the number of inspections and violations for
FY 2013 through FY 2016. The 52,077 inspections conducted in FY 2016 included inspection of 5,266 new
items. The bureau investigated nine accidents due to boiler/pressure vessel failures. None of the accidents
resulted in life-threatening injuries, but there was significant property damage.
33
Table 4
Number of Inspections and Violations, FY 2013 Through FY 2016
Fiscal Year Number of Inspections Number of Violations
2013 		 51,185 			 2,115
2014 		 50,284 			 2,970
2015 		 50,567 			 2,933
2016 		 52,077 			 3,024
The Boiler Safety Bureau staff members gather on the front steps of the Labor
Building after a meeting in Raleigh in 2016.
N.C. Department of Labor 2016 Annual Report
Elevator and Amusement Device Bureau
The Elevator and Amusement Device Bureau is responsible for the proper installation and safe operation
of all elevators, escalators, workman’s hoists, dumbwaiters, moving walks, lifting devices for persons with
disabilities, aerial passenger tramways, amusement rides, incline railways that operate in public establishments
(except federal buildings) and private places of employment. Elevators are inspected annually by the bureau.
It also inspects all of the amusement devices each and every time they are set up for operation in the state.
The bureau inspects all inflatable amusement devices and portable rock walls. The bureau conducted 23,222
routine and 1,104 new elevator inspections as well as 5,344 amusement device inspections at 853 locations.
34
Backlogs
Any inspection program can have a backlog of items past-due for inspection. The combined average backlog
of state objects and insurance objects was 1.20 percent in FY 2016, one of the lowest backlog rates among
states inspecting boilers and pressure vessels. The average backlog for N.C. state inspectors was 0.67 percent.
Other Duties
In addition to the inspections of equipment in businesses and institutions throughout the state, inspectors with
special training and endorsements carried out 802 half days of ASME Boiler and Pressure Vessel Code third-party
inspections in manufacturing facilities that construct boilers and pressure vessels as well as pressure
equipment repair firms known as National Board “R” Stamp holders. The bureau also has specially trained
qualified review team leaders who are charged with conducting quality reviews of “R” Stamp holders.
The bureau’s support staff entered the collected data from hard copy reports into the data system and
conducted quality reviews of the data entered directly by inspectors. They printed and mailed invoices and
certificates and answered many questions from inspectors and the public.
NCDOL photo library
Elevator Inspections
Inspections of elevators, dumbwaiters, escalators and handicapped lifts consist of routine inspections of
existing devices and new inspections. As shown in Figure 6, the number of routine inspections and the
number of new inspections both decreased from the previous fiscal year.
Amusement Device Inspections
Amusement device inspections consist of mechanical rides, inflatable rides, go-karts and rock-climbing
walls. Tramways and ski lifts are included in this inspection category. While mechanical rides at permanent
parks are inspected once annually, mechanical rides with traveling amusement companies are inspected
every time they are set up for operation at fairs, festivals, carnivals and other amusement events. The bureau
also conducts operational inspections at least once during the operating season for permanent parks and at
least once during the operation at a traveling show. The bureau inspects all inflatable amusement devices and
portable rock walls that operate in the state on an annual basis.
Figure 7 indicates the total number of amusement devices inspected in FY 2013 through FY 2016. The
number of individual amusement rides inspected decreased from FY 2015 to FY 2016.
Accident or Incident Investigations
Accident investigations are conducted according to N.C. Gen. Stat. § 95-110.9. Reports required.
(a) The owner of any device or equipment regulated under the provisions of this Article, or his
	
authorized agent, shall within 24 hours notify the commissioner of each and every occurrence
involving such device or equipment when:
Standards and Inspections Division
35
Figure 6
Routine Inspections Within 30 Days of Due Date and New Inspections, FY 2013 Through FY 2016
Figure 7
Number of Amusement Rides Inspected, FY 2013 Through FY 2016
N.C. Department of Labor 2016 Annual Report
36
(1) The occurrence results in death or injury requiring medical treatment, other than first aid,
by a physician. First aid means the one time treatment or observation of scratches, cuts not
requiring stitches, burns, splinters and contusions or a diagnostic procedure, including
examination and x-rays, which does not ordinarily require medical treatment even though
provided by a physician or other licensed personnel; or
(2) The occurrence results in damage to the device indicating a substantial defect in
	
design, mechanics, structure or equipment, affecting the future safe operation of the device.
No reporting is required in the case of normal wear and tear. The owner of the equipment is
required to contact the bureau.
An inspector is sent to the location and completes a report that is kept on file. As Table 5 reflects, the number
of accident investigations for elevators and related equipment decreased while the number for amusement
rides stayed the same in FY 2016. Patron error accounted for 78 percent of elevator accidents and 92 percent
of amusement ride accidents.
Table 5
Number of Elevator and Amusement Device Accidents, FY 2013 Through FY 2016
Fiscal
Year Elevators and Related Equipment
2013 62 56 6 41 21 26 25 1 23 3
Employment Discrimination Bureau
The Employment Discrimination Bureau enforces the Retaliatory Employment Discrimination Act. The law
was enacted in 1992 following the disastrous plant fire at Imperial Foods in Hamlet. REDA incorporated
whistleblower protections from the Wage and Hour, the Occupational Safety and Health, and Mine Safety
and Health Acts. Additional provisions protect workers’ compensation claimants, hemoglobin C and sickle
cell carriers, and those subject to genetic testing, National Guard service and involvement in the juvenile
justice system. In 2004 protection was added for employees seeking relief from domestic violence. In 2008
protection was added for employees who have made complaints under the pesticide regulation statutes. In
2009 protection was added for employees reporting activities of their employers under the Paraphernalia
Control Act.
The bureau receives oversight from the federal Occupational Safety and Health Administration under a
contract that requires the bureau to be “as effective” as the federal agency in enforcing the occupational
safety and health whistleblower protections of REDA.
In FY 2016, 381 cases were opened by the bureau, a decrease from FY 2015. Of the 381 cases opened, 228
involved workers’ compensation, 90 involved wage and hour matters and 61 involved occupational safety
and health concerns. (See Table 6.)
The Employment Discrimination Bureau closed 354 cases in FY 2016. Of the 354 closed cases, the bureau
settled 28.2 percent, an increase from FY 2015. (See Figure 8.)
Amusement Rides
Total Patron
Error
Mechanical
Error
Reportable Non- Total
Reportable
Patron
Error
Mechanical
Error
Reportable Non-
Reportable
2014 70 62 8 55 7 21 16 5 19 2
2015 70 60 10 56 14 12 9 3 12 0
2016 68 53 15 	 59 9 12 11 1 11 1
Standards and Inspections Division
37
Investigators with the bureau seek the best resolution for each case. There are many potential outcomes
involving a REDA case. A settlement is an agreement that is reached between all parties involved and
generally results in some kind of monetary payment, but not always. A settlement can be reached through
a third party agreement as often happens with a workers’ compensation complaint. Of the 354 cases
closed in FY 2016, 100 cases were settled, 20 cases were withdrawn by complainants, 52 cases were
closed when the complainant failed to respond, and ten cases were closed administratively. In 107 cases,
the complainant requested a right-to-sue letter after 90 days when the investigation was not complete. In
39 cases, the bureau did not make a determination within 180 days of the filing, and the complainant was
granted a right-to-sue letter. In 23 cases, the bureau issued a merit right-to-sue letter and three cases were
closed as untimely filed.
Table 6
Number of Cases by Type, FY 2013 Through FY 2016
Fiscal Year Workers’ Comp Wage and Hour
2013 	 	 320 	 	 127 	 87 3
Figure 8
Employment Discrimination Cases Opened and Closed, FY 2013 Through FY 2016
OSH Other
2014 	 	 279 	 	 114 	 81 2
2015 	 	 287 	 	 101 	 62 3
2016 	 	 228 	 	 90 	 61 2
N.C. Department of Labor 2016 Annual Report
38
photo provided by OSHSPA
Mine and Quarry Bureau
The Mine and Quarry Bureau is one of the earliest established units of the N.C. Department of Labor,
having administered state mining laws since 1897. The bureau administers laws concerning the operation
and inspection of mines and quarries. Bureau staff consists of a bureau chief, an office assistant, and four
mine safety and health field representatives. Funding for mandatory safety training is provided by a federal
grant from the U.S. Mine Safety and Health Administration.
The Mine and Quarry Bureau continues to provide a wide assortment of mine safety and health services such
as complete safety evaluations of the workplace, consultations, technical assistance, education and training,
health surveys, safety meetings, investigations, and training plan assistance. Currently there are 387 surface
mines with 3,572 employees. Instructor fundamentals, health and safety laws, and supervisory training are
offered through the Mine and Quarry Bureau’s seminars and institutes. (See Table 7.)
Table 7
Mine and Quarry Training and Inspection Activities, FY 2013 Through FY 2016
FY 2013 FY 2014 FY 2016
Wage and Hour Bureau
The Wage and Hour Bureau administers the N.C. Wage and Hour Act, which includes the minimum wage,
overtime pay and wage payment (promised wages including wage benefits, such as vacation pay, sick
leave, holiday pay, and bonuses and commissions). The bureau ensures employers make, keep and preserve
records of hours worked, wages paid, and other conditions and practices of employment necessary for the
enforcement of wage and hour laws.
The bureau issues youth employment certificates to protect the health and safety of minors and to preserve
young workers’ rights. The bureau also enforces the statutes that regulate the licensure and reporting
requirements of private personnel services, job listing service agencies and the Controlled Substance
Examination Regulation Act. The bureau is responsible for the department’s toll-free telephone system.
Bureau staff consists of an administrator, a deputy administrator, three supervisors, an office manager, 19
investigators, three investigative assistants and four information specialists.
Call Center
The bureau’s call center is staffed by four information specialists who are the first point of contact to the
Department of Labor for most customers. Their primary job duties are to gather information relative to
alleged violations of laws enforced by the bureau and to enter appropriate data into an electronic database
that is used for assignment and tracking of complaints received. Additionally, they refer callers to other
sections within the department, other state or federal agencies, or civic/charitable organizations that may
provide assistance.
Number of Mine Safety and
Health Instructors Trained
Number of Education and Training
Programs Provided
Number of Miners and Contractors
Trained in Parts 46 and 48
FY 2015
51 31 72 73
646 620 618 495
5,579 5,150 5,052 4,535
Standards and Inspections Division
39
Call centers are often characterized as “high volume” centers, and the numbers in Table 8 certainly speak to
this. Three of the four employees are bilingual and provide assistance to callers who speak Spanish. They
also assist investigators and other departmental employees when communicating with Spanish speakers as
the need arises.
Table 8
Wage and Hour Call Center Activity, FY 2013 Through FY 2016
Fiscal Year Calls Received Calls Answered
2013 		 65,408 	 	 65,272 		 99.8
2014 		 61,527 	 	 61,451 		 99.9
2015 		 61,275 	 	 61,179 		 99.8
2016 		 56,010 	 	 55,960 		 99.9
Wage and Hour Investigations
The majority of the bureau’s investigations stem from employee complaints. The bureau also conducts non-complaint
investigations and industry-specific investigations to determine compliance with assigned laws.
The data in Figure 9 indicate that 91 percent of the investigations closed during FY 2016 were wage payment
claims. These claims include such things as final paychecks, vacation/sick pay, bonuses, commissions and
holiday pay. Minimum wage claims accounted for 1 percent of investigations closed; overtime accounted
for 2 percent; and other (i.e., youth employment, recordkeeping, controlled substance and private personnel)
accounted for about 3 percent.
Figure 9
Types of Wage and Hour Investigations Closed, FY 2016
Percent Answered
N.C. Department of Labor 2016 Annual Report
40
The investigators first try to substantiate the complaint. If substantiated, they seek recovery of the unpaid
wages for the complainant. As a result of these investigations, over 1,400 employees were paid an estimated
$1.4 million without the time and expense involved with litigation. Table 9 compares the bureau’s performance
in FY 2016 with previous years. The inventory of open investigations was significantly decreased in FY
2016, pursuant to a focus on addressing the backlog and streamlining investigative processes. As a result, the
bureau started with 1,462 investigations open at the start of FY 2016 and 789 open at the end of FY 2016.
Table 9
Wage and Hour Investigations Opened and Investigations Closed, FY 2013 Through FY 2016
Fiscal Year Investigations Opened Investigations Closed
2013 		 4,357 			 4,243
2014 		 4,096 			 3,695
2015 		 3,258 			 3,233
2016 		 3,049 			 3,722
Youth Employment Certificates
Protecting young workers from inappropriate or unsafe jobs is the cornerstone of the Youth Employment
Certificate Program. The timely review of certificates issued continues to be a key element in our efforts to
protect young workers. The data in Figure 10 indicate that there were 75,243 youth employment certificates
(work permits) issued in FY 2016, roughly a 14 percent increase from the previous fiscal year total of 64,892.
Of the certificates issued during FY 2016, 89 percent were issued online, an increase over FY 2015. Online
issuance of certificates is the safest and most efficient method. Certificates issued online provide immediate
feedback to employers and applicants when the age and proposed job duties place the employer in jeopardy
of violation of state or federal child labor laws. Additionally, certificates issued online are reviewed the next
business day, whereas the review of certificates issued by the Department of Social Services or designees may
lag by several months. During this year, the Wage and Hour Bureau sent a notification to all social services
offices about the availability of the online option for youth employment certificates.
Figure 10
Youth Employment Certificates Issued, FY 2013 Through FY 2016
Standards and Inspections Division
N.C. Department of Labor 2016 Annual Report
Notes
Fiscal years are designated by the year they end. The state fiscal year begins July 1 and ends June 30. State
Fiscal Year 2016 thus began July 1, 2015, and ended June 30, 2016. The federal fiscal year begins Oct. 1
and ends Sept. 30. Federal Fiscal Year 2016 thus began Oct. 1, 2015, and ended Sept. 30, 2016.
All of the bureaus of the Standards and Inspections Division report data based on the state fiscal year. Most
of the bureaus of the Occupational Safety and Health Division report data based on the federal fiscal year.
The Agricultural Safety and Health Bureau is the exception. It uses the calendar year as the basis for reporting
its data.
Within the Administration Division, the Budget and Management Division uses the state fiscal year for
reporting its data, while the remaining divisions report data on a calendar year basis. Some of the data are
reported for the bureaus and divisions on a preliminary basis and are subject to change in subsequent annual
reports.
Reporting Years for NCDOL Divisions and Bureaus
Calendar Year (Jan. 1 through Dec. 31)
Agricultural Safety and Health Bureau
Communications Division, including Publications Bureau
Governmental Affairs Division
Human Resources Division
Legal Affairs Division
Research and Information Technology Division
State Fiscal Year (July 1 through June 30)
Boiler Safety Bureau
Budget and Management Division
Elevator and Amusement Device Bureau
Employment Discrimination Bureau
Mine and Quarry Bureau
Wage and Hour Bureau
Federal Fiscal Year (Oct. 1 through Sept. 30)
Compliance Bureaus
Consultative Services Bureau
Education, Training and Technical Assistance Bureau
Planning, Statistics and Information Management Bureau
41
Index of Acronyms
AFL-CIO—American Federation of Labor and Congress
of Industrial Organizations
ANSI—American National Standards Institute
APO—Administrative Procedure Oversight
ASH—Agricultural Safety and Health
BLS—Bureau of Labor Statistics
BSC—Barber Scotia College
CFOI—Census of Fatal Occupational Injuries
DIT—Department of Information Technology
DOL—Department of Labor
ETTA—Education, Training and Technical Assistance
GAP—Good Agricultural Practices
HR—Human Resources
IMIS—Integrated Management Information System
IT—Information Technology
NCAC—North Carolina Administrative Code
NCDOL—N.C. Department of Labor
NCR—National Cash Register
OE—OSHA Express
OFIR—Occupational Fatality Inspection Review
OIS—OSHA Information System
OLD—OSHA Legacy Data
OSHA—Occupational Safety and Health Administration
OSHER—Occupational Safety and Health Education and
Research Center
OSH—Occupational Safety and Health
OSHSPA—Occupational Safety and Health State Plan
Association
PSIM—Planning Statistics and Information Management
RRC—Rules Review Commission
SHARP—Safety and Health Achievement Recognition
Program
SOII—Survey of Occupational Injuries and Illnesses
USDOL—United States Department of Labor
YEC—Youth Employment Certificate
Notes
       	
   
   
        	
 	  
 

                
   	   
   
   
                    	
  

                     
          	
  
         	    
 



            
               	 
	  
   
  
          	  	  
 

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