Annual report of the North Carolina Department of Labor |
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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 build-ing, 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 win-dow of Commissioner Berry’s office. Printed 2/ 09, 100 copies Contents Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Standards and Inspections Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Apprenticeship and Training Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Boiler Safety Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Elevator and Amusement Device Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Employment Discrimination Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Mine and Quarry Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Wage and Hour Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Occupational Safety and Health Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Agricultural Safety and Health Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Compliance Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Consultative Services Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Education, Training and Technical Assistance Bureau . . . . . . . . . . . . . . . . . . . .26 Planning, Statistics and Information Management Bureau . . . . . . . . . . . . . . . . .29 Administration Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Budget and Management Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Communications Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 Governmental Affairs Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Human Resources Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Information Technology Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Legal Affairs Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Research and Policy Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 iii N. C. Department of Labor 2008 Annual Report iv 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 accomplish-ments 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. Cherie Berry Commissioner of Labor Foreword N. C. Department of Labor Overview The N. C. Department of Labor, under Labor Commissioner Cherie Berry, is charged by law with the responsibility of promoting the health, safety and general well- being of working North Carolinians. The General Statutes provide the labor commissioner with broad regulatory and enforcement powers to achieve that objective. The labor commissioner is the constitutional officer elected by the people of North Carolina to a four- year term running concurrently with the gover-nor’s. Foremost among her duties are the administration and enforcement of the occupational safety and health standards and working conditions in industry; wage and hour issues pertaining to maximum work hours and minimum wage laws; training of apprentices in the skilled trades; educa-tion, training and consultation on safe and healthy working conditions; and the administration of inspections for boilers, elevators, amusement rides, and mines and quarries. The N. C. Department of Labor’s mission is to foster a safe, healthy, fair and productive North Carolina by: • 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 According to state law, the Department of Labor promotes the health, safety and general well- being of more than 3.8 million workers at over 250,000 places of business. 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 depart-ment. The Review Commission, whose members are appointed by the governor, hears appeals of citations and penalties imposed by the Occupational Safety and Health Division. The Department of Labor serves the workplace. Its programs, as well as the information it makes avail-able, help industry managers, small business owners, manufacturing employees and all those who work in North Carolina perform their work safely. Apprenticeship and Training Bureau The Apprenticeship and Training Bureau promotes and monitors a broad range of apprenticeship programs that train journeyman- level craftworkers to meet the demand for high- skilled workers. In 2008, almost 17,000 North Carolinians were served in these industry- supported programs. Apprenticeship programs are sponsored through employers or under joint labor- management committees. 1 N. C. Department of Labor 2008 Annual Report Labor Commissioner Cherie Berry The bureau encourages high school student apprentices and high school graduates to pursue training for career- development potential. Apprentices begin at a fixed percentage of journeyman pay and receive planned wage increases as they learn new skills. Boiler Safety Bureau The Boiler Safety Bureau enforces the Uniform Boiler and Pressure Vessel Act of North Carolina. The bureau regulates the construction, installation, repair, alteration, inspection, use and operation of pressure equipment that falls under the law. The bureau conducts periodic inspections of this pressure equipment and monitors inspection reports. The bureau maintains records on ownership, location and condition of working boilers and pressure vessels. It also issues certificates of inspection to boiler and pressure vessel owners and operators who meet requirements. Elevator and Amusement Device Bureau The Elevator and Amusement Device Bureau oversees, except in federal buildings, the installation and safe operation of elevators, escalators, workman’s hoists, dumbwaiters, moving walks, aerial passenger tramways, amusement rides, inclined railways and lifting devices for people with disabilities. The bureau conducts more than 20,000 annual inspections. The bureau also approves plans and applications for equip-ment that falls under its jurisdiction. The bureau conducts regular periodic inspections of all ride- operating equipment in the state and provides technical assistance. The bureau also will review, for architects and builders, plans for proposed elevators and related equipment. Employment Discrimination Bureau The Retaliatory Employment Discrimination Act protects employees who in good faith file or initiate an inquiry about workers’ compensation claims or exercise their rights under certain other state laws. Investigators examine the complaints filed and, if the complaint is found without merit, issue a right- to- sue letter. If the complaint is found to be valid, the bureau attempts conciliation through informal means before issuing a right- to- sue letter. Library The DOL Library offers more than 11,000 volumes, 120 periodical titles, and 1,200 audiovisual items along with other electronic resources. The library’s collection includes resources on the various topics regulated by the department. Videos and DVDs are lent free of charge, excluding return postage. Mine and Quarry Bureau The Mine and Quarry Bureau conducts inspections, education and training, and technical assistance on the operation of mines and quarries. The bureau helps operators to train their employees in safe working procedures. The bureau has jurisdiction over 426 private- sector mines, quarries, and sand and gravel pit operations that employ more than 4,500 citizens. The bureau also inspects abandoned surface mines for the protection of the general public, promotes rock-hound safety, and conducts an explosives safety course for anyone handling or using explosives. Occupational Safety and Health Division The Occupational Safety and Health Division administers workplace safety and health laws that apply to the private sector and all state and local government agencies. 2 Overview OSH standards parallel the federal OSHA standards. North Carolina currently conducts one of the 22 state-administered comprehensive OSHA programs in the nation. The OSH Division conducts about 5,000 inspections a year. The division conducts investigations of employee complaints, investigations of work- related accidents and deaths, randomly scheduled site inspec-tions, and special emphasis program inspections. Inspection targeting schedules, inspection files and other statistical reports are maintained by the Planning, Statistics and Information Management Bureau. The division offers free services to private and public employers through its Consultative Services Bureau. It also offers educational and technical assistance through the Education, Training and Technical Assistance Bureau. Employers may contact the OSH Division to receive free assistance, including standards interpre-tations or on- site visits. The Agricultural Safety and Health Bureau enforces the Migrant Housing Act of North Carolina, which requires the registration and inspection of housing provided to seasonal migrant agricultural workers. Migrant housing must meet federal standards plus specific standards for heat, fire protection and kitchen sanitation. Research and Policy Division The survey unit of the Research and Policy Division collects and processes information on workplace injuries, illnesses and fatalities for the U. S. Bureau of Labor Statistics. Reports prepared by the division include the annual injury and illness rate survey and the Census of Fatal Occupational Injuries. The Individual Development Accounts Program provides assistance to low- income individuals toward attain-ing self- sufficiency through homeownership, microenterprise, or education and training. Wage and Hour Bureau The Wage and Hour Bureau enforces laws that cover minimum wage, maximum hours, wage payment and child labor. Wage payment provisions— which include the payment of promised vacation, sick pay or other benefits— cover all employees except those in federal, state and local government. The bureau investigates worker complaints and collects back wages owed to employees. The bureau also licenses and regulates private personnel and job listing services. Companies that charge their clients must obtain a license from the department. Youth employment certificates are required for workers under 18 years of age and are available from all county social services agencies and from some school systems. This age group is prohibited from employ-ment in certain hazardous occupations. The bureau also monitors procedures used to test employees and job applicants for drug use. 3 N. C. Department of Labor 2008 Annual Report The Standards and Inspections Division comprises six bureaus of the N. C. Department of Labor: Apprenticeship and Training, Boiler Safety, Elevator and Amusement Device, Employment Discrimina-tion, Mine and Quarry, and Wage and Hour. Statistical Highlights for State Fiscal Year 2008 Apprenticeship and Training Bureau • The total number of new registrations in FY 2008 was 5,598. • The number of completions from the apprenticeship program in FY 2008 was 3,959. • The total number served during FY 2008 was 16,929. • Eligible veterans in North Carolina have received more than $ 7 million in GI Bill benefits through apprenticeship and on- the- job training. Boiler Safety Bureau • 50,286 items of pressure equipment were inspected during FY 2008. • 1,499 violations were identified. • 4,899 new items were inspected. • The combined state and insurance backlog was 1.07 percent at the end of the year. The combined per-centage never went over 1.35 percent during the entire year. Elevator and Amusement Device Bureau • 19,180 routine elevator inspections were completed in FY 2008. • 6,131 amusement devices were inspected. • Investigated 42 accidents of which 13 met the criteria for being reportable. Of those 13, five were mechanical- related accidents and eight were patron- related accidents. Employment Discrimination Bureau • 673 complaints were received during FY 2008. • 67 percent of complaints were based on workers’ compensation claims, 17 percent were based on wage and hour concerns, and 15 percent were based on safety and health concerns. • The bureau completed 756 investigations in FY 2008. Mine and Quarry Bureau • Conducted 527 inspections and evaluations of active and abandoned mines. • Increased the number of miners and contractors trained to 6,129 compared to 6,048 in 2007. • Conducted 504 on- site education and training programs throughout North Carolina. Wage and Hour Bureau • Recovered wages in the amount of $ 304,556 for 392 complainants based on investigative findings of fact; recovered an additional $ 330,861 for 605 complainants prior to any investigative determination. • Total wages recovered at the investigator level without litigation expenses were $ 879,756; an addi-tional $ 713,000 was recovered through installments, litigation and settlements. • Opened 6,133 investigations and closed 6,077 investigations. • Issued 82,638 youth employment certificates. 4 Standards and Inspections Division Standards and Inspections Division Apprenticeship and Training Bureau The Apprenticeship and Training Bureau is the administrator in North Carolina of the National Apprenticeship Act of 1937. The bureau approves apprenticeship programs, maintains records and issues certificates to apprentices who complete apprenticeship training. The bureau’s primary roles, working through its consultants, are to promote and develop new apprentice-ship programs among employers, to service existing programs, and to certify completers. In North Carolina, apprenticeship is a voluntary system of employee training combining on- the- job train-ing and related instruction to form a quality training system for employers throughout the state. The apprentice learning a trade is taught by a skilled journeyman. Apprenticeship programs, which generally take three years to four years to complete, are established in 925 occupations in North Carolina. Wages usually begin at about half the journeyman rate, but never below minimum wage, and rise as the apprentice progresses through the program, gaining skill and competence. Data for the bureau are reported for the state fiscal year ( July 1 through June 30). Highlights From Fiscal Year 2008 • The total number of new registrations in FY 2008 was 5,598. • The number of completions from the apprenticeship program in FY 2008 was 3,959. ( See Figure 1.) Figure 1 Apprentices Completed and New Registrations, FY 2000 Through FY 2008 • The total number served during FY 2008 was 16,929. • Overall completion rate from July 2000 through June 2008 was 71 percent of apprentices completing requirements of both on- the- job training and classroom related instruction training. 5 N. C. Department of Labor 2008 Annual Report 2008 Annual Report ! ! ! ! ! ! ! ! " ! • The overall average completion wage rate for 8,000- hour completers in FY 2008 was $ 17.96. • Veterans in registered apprenticeship programs have received more than $ 7 million in GI Bill bene-fits to date. • A demonstration power lineman’s rodeo was held in June 2008. • The bureau is developing a new Web- based computer application with more updated features to assist in registration and to allow sponsors to enter their data for registration information online. Statewide Program Development Statewide programs are more efficient in terms of establishing standards, servicing and being more effi-cient for sponsors to operate. Working with other state agencies, business and industry, a number of new statewide programs were either in development or established in FY 2008. These initiatives include: • Time Warner Cable registered 312 apprentices in a pilot program for the occupation of broadband technician. The pilot program was very successful, and Time Warner Cable will now roll out the apprenticeship program statewide. Plans are in place for the company to register 700– 800 apprentices in the occupation. • Apprenticeship staff worked with the N. C. Optometric Association to develop a statewide program for the new occupation of paraoptometric technician. Most of the tasks and competencies have been identified for the position. Next steps will be to obtain acceptance from the association and approval on the new occupation. Apprenticeship is an earn- while- you- learn opportunity. Apprentices receive a progressive wage rate through the term of apprenticeship. Table 1 shows hourly wage at completion for apprentices. Table 1 Hourly Wage at Completion for Apprentices Term Length Completion Wage Rate 5 Years ( 10,000 hours) $ 21.00 4 Years ( 8,000 hours) $ 17.96 3 Years ( 6,000 hours) $ 14.47 2 Years ( 4,000 hours) $ 15.33 1 Year ( 2,000 hours) $ 13.29 State Approving Agency ( SAA) for the Veterans Administration The Apprenticeship and Training Bureau contracted with the Veterans Administration in October 2004 to become the State Approving Agency for GI Bill benefits to eligible veterans training in OJT and apprenticeship. During FY 2008, the bureau approved 32 new apprenticeship programs and four new OJT programs. The bureau has submitted 65 new occupations to the VA for approval. During FY 2008, the bureau registered 432 apprentices who are potentially eligible for GI Bill benefits. Eligible veterans in North Carolina have received more than $ 7 million in GI Bill benefits through appren-ticeship and on- the- job training. These benefits are tax- free dollars that go directly to the veterans through their participation in apprenticeship training programs. A VA Handbook has been developed to assist sponsors in the process required to obtain VA approval and to provide completed examples of forms that need to be submitted to VA for the veteran to apply for ben-efits. This handbook is available online and in hard copy. 6 Standards and Inspections Division Employer Toolkit The bureau developed an employer toolkit to provide information online to potential employers regarding the benefits of the program and how to register a program. Employers, especially new sponsors and poten-tial new sponsors, continued to use the toolkit during FY 2008 to guide them on how to begin an appren-ticeship program. The toolkit is available online and in hard copy. Occupational Course of Study The Apprenticeship and Training Bureau continues to provide recognition of training for students partici-pating in the Occupational Course of Study, which provides those students a credential for the skill set work- based training received. This recognition of training certificates continues to be issued each year upon request from the sponsoring school system. Incarcerated Apprentices According to the N. C. Department of Correction, one of the most important factors affecting the success of ex- offenders is their ability to get hired and hold a steady job. An ex- offender who is gainfully employed is three times less likely to commit another crime. Statewide efforts are underway through a joint partner-ship between the N. C. Department of Correction and N. C. Department of Labor to enhance and grow this opportunity in those facilities involved with apprenticeship or on- the- job training. Developing a program for inmates who are receiving training in apprenticeship occupations continues to grow as the need to pro-vide this type of training and credential becomes more apparent. To date, the bureau has registered 1,183 inmates in 16 different facilities. Out of the inmate apprentices registered, 428 have completed, 548 have cancelled out of the program before completing all requirements, and 207 are still active. Statewide meetings and planning sessions are occurring at this time to roll out a statewide initiative in many of the correction facilities. The goal of this program is to bridge the gap from incarceration to employment and provide credentialing of skills obtained while incarcerated that would provide job oppor-tunities upon release. The Inmate Construction Program is operated by the Department of Correction’s Central Engineering and Divisions of Prisons in conjunction with the N. C. Department of Labor. Inmates in the construction pro-gram can work toward apprenticeship certification while working and training on major construction proj-ects within the prison system. The program is also supported by The N. C. Association of General Contractors. Apprentices recently assisted in completion of a 1,500- bed prison facility in Tabor City. Construction Apprenticeship Contests at the N. C. State Fair Apprenticeship contests in bricklaying, electrician, carpenter, plumbing and HV/ AC- R were held at the N. C. State Fair. Registered apprentices from across the state competed with other apprentices in the con-tests. Each contest has an apprenticeship committee that is made up of apprenticeship sponsors who assist in the development of the contests and assist in recruiting other sponsors to participate along with recruit-ing the materials needed for the contests. In addition, the bureau helped put on a demonstration project for a Lineman’s Rodeo, which was held in June at the State Fairgrounds during the Spring Festival. The Lineman’s Rodeo showcased the occupation and helped recruit new employees to the trade. Those participating were individual lineman apprentices and teams of linemen doing specific electrical powerline work, a pole top rescue and a live- line electrical demonstration. 7 N. C. Department of Labor 2008 Annual Report Boiler Safety Bureau During state fiscal year 2008, the Boiler Safety Bureau employed 14 field inspectors, two field supervisors, two administrative staff, two senior staff, and four administrative personnel to support more than 50,000 inspections. State inspectors, along with 11 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. Highlights From Fiscal Year 2008 • 50,286 items of pressure equipment were inspected. • 1,499 violations were identified. • 4,899 new items were inspected. • The combined state and insurance backlog was 1.07 percent at the end of the year. The combined per-centage never went over 1.35 percent during the entire year. • Deployed personal digital assistants ( PDAs). Programs Periodic inspection continues to be the primary focus of the Boiler Safety Bureau. The bureau also pro-vides education and promotes voluntary safety. The bureau’s inspection program for boilers and pressure vessels covers a wide array of businesses and industries. State inspectors and inspectors from 11 separate insurance companies conducted 3,480 internal inspections and 46,806 external inspections. This totals 8 Standards and Inspections Division The linemen from Pike Electric stand in front of the “ live line” demonstration vehicle at the Lineman’s Rodeo at the N. C. State Fairgrounds, June 7, 2008. Pike designed the vehicle to use as a training tool for its employees and as an educational tool in demonstrations. The Apprenticeship and Training Bureau teamed with Pike and the N. C. Electric Membership Corp. in sponsoring the event. 50,286 items of pressure- retaining equipment inspected during the fiscal year. Table 2 shows the number of inspections and violations for FY 2004 through FY 2008. Table 2 Number of Inspections and Violations, FY 2004 Through FY 2008 Fiscal Year Number of Inspections Number of Violations 2004 54,061 1,958 2005 52,069 1,916 2006 52,061 1,699 2007 50,537 1,714 2008 50,286 1,499 During FY 2008, the Boiler Safety Bureau issued a personal digital assistant ( PDA) to each state inspec-tor to allow him or her to enter inspections in the field as soon as they are completed. Before PDAs, inspectors would write inspection results down on paper report forms and then type that data into the computer later, once they had returned to their office. Not only does this require a lot of printing and paper forms, but it obviously duplicates effort and allows for the loss of data or the introduction of errors. The PDA quickly captures data as soon as it is generated and then seamlessly uploads that data to the server later. It’s much simpler and more efficient. Elevator and Amusement Device Bureau The Elevator and Amusement Device Bureau is responsible for the proper installation and safe opera-tion of all elevators, escalators, workman’s hoists, dumbwaiters, moving walks, aerial passenger tramways, amusement rides, incline railways, and lifting devices for persons with disabilities that oper-ate in public establishments ( except federal buildings) and private places of employment. 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 annual inspections of inflatable devices and rock walls are from March to March. The bureau was responsible for making 20,268 rou-tine and new elevator inspections as well as 6,131 amusement devices at 1,185 locations in state fiscal year 2008. The bureau consists of 32 field inspectors and three field supervisors as well as four administrative staff, the assistant chief and the bureau chief. The Elevator and Amusement Device Bureau is a receipt- support-ed bureau; the fees collected pay for the operation of the bureau and the salaries of the bureau staff. Highlights From Fiscal Year 2008 • In the past three fiscal years, applications for new elevators have increased 22 percent while applica-tions for alterations and repairs have increased 2.8 percent. • A total of 19,180 routine elevator inspections and 1,088 new elevator inspections were completed in FY 2008. • The bureau inspected 6,131 amusement devices at 1,185 locations during state fiscal year 2008. • The total number of accident investigations in FY 2008 decreased 6.7 percent compared to FY 2006. This percentage is over a three- year comparison. Out of the millions of people that ride or use the devices that are regulated by this bureau each year, there were only 42 incidents of which 13 were reportable because they required treatment, other than first aid, from a physician. Of the 13 reportable accidents, five were due to mechanical error, and eight were due to patron error. 9 N. C. Department of Labor 2008 Annual Report Elevator Inspections Inspections of elevators, dumbwaiters, escalators and handicapped lifts consist of routine inspections of existing devices and new inspections. As shown in Figure 2, the number of routine inspections has increased during the last three fiscal years. The number of new inspections decreased. Figure 2 Routine Inspections and New Inspections, FY 2006 Through FY 2008 Amusement Device Inspections Amusement device inspections consist of mechanical rides, inflatable rides, go- karts, rock- climbing walls, etc. Tramways and ski lifts are also included in this inspection category. While mechanical rides at perma-nent parks, such as Carowinds, are inspected once annually, mechanical rides with traveling amusement companies are inspected every time they are set up for opera-tion 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 3 indicates the total number of amusement devices inspected in FY 2006 through FY 2008. The number of indi-vidual amusement rides inspected increased 8.4 percent from FY 2007 to FY 2008. Rider Safety Program The Elevator and Amusement Device Bureau continued the Rider Safety Program again in 2007 and 2008 with the theme of “ Measure Up to Safety.” The bureau developed banners to allow the participating fairs to hang up and measure the children at their fair. Along with the banners, the bureau made stickers for the people measuring the children so they could write their height in inches on the sticker. Also, the bureau had buttons made for the 10 Standards and Inspections Division # $ $ The bureau distributed “ Measure Up to Safety” banners for amusement ride companies to display. ride operators to wear during the fair season. The purpose of measuring height of the children is that various amusement devices are manufactured with specific height requirements to afford the maximum in safety. It also decreases the probability of a child becoming displaced while the ride is in operation. In partnership with the North Carolina Fair Association, the bureau distributed safety stickers at their local fairs, distributed safety buttons to rider operators as well as posted large signs with 11 safety tips. In addi-tion, the bureau conducted safety meetings with the ride operators of each amusement company playing one or more fairs in 2008. Each operator was given information about what ride operators should know about their rides and specific information about their personal safety and that of the riding public. Figure 3 Number of Rides Inspected, FY 2006 Through FY 2008 Accident or Incident Investigations Accident investigations are conducted according to N. C. General Statutes § 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: ( 1) The occurrence results in death or injury requiring medical treatment, other than first aid, by a physi-cian. 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 11 N. C. Department of Labor 2008 Annual Report # $ ( 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 3 reflects, the total number of accident investigations in FY 2008 decreased 7.1 percent compared to FY 2006. This can be attributed to the bureau’s increased training for inspectors as well as increased education through the bureau’s annual industry meetings. During FY 2006, each inspector was issued for the first time an acci-dent investigation kit containing all the tools necessary for conducting a thorough investigation. Table 3 Number of Elevator and Amusement Device Accidents, FY 2006 Through FY 2008 Year Elevators and Related Equipment Amusement Rides Total Patron Mechanical Reportable Non- Total Patron Mechanical Reportable Non- Error Error Reportable Error Error Reportable FY 2006 36 32 4 9 27 9 9 0 6 3 FY 2007 29 20 9 10 19 12 7 5 6 6 FY 2008 30 25 5 7 23 12 9 3 6 6 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 incorpo-rated whistleblower protections from the Wage and Hour and the Occupational Safety and Health acts. Additional provisions began to protect workers’ compensation claimants, hemoglobin C and sickle cell carriers, and those subject to genetic testing, National Guard service and involvement in the juvenile jus-tice 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. 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 2008, the percent of complaints based on workers’ compensation claims remained at 67 percent, those based on safety and health concerns decreased to 15 percent, while those based on wage and hour matters increased to 17 percent. In FY 2008, the bureau received 673 complaints. See Figure 4. The emphasis on early resolution and settlement of complaints was again a major factor in the bureau’s operations. The bureau continued to contact both the complainant ( employee) and the respondent ( employer) within 15 days of receiving the complaint. EDB continued to intervene early in the investigation process, bringing the com-plaint to a quicker conclusion. The bureau was able to settle 14.3 percent of the 756 cases closed in FY 2008. See Figure 5. 12 Standards and Inspections Division Figure 4 Employment Discrimination Complaints Received and Completed, FY 2006 Through FY 2008 Figure 5 Percentage of Closed Cases Settled, FY 2005 Through FY 2008 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. Currently, the bureau administers laws concerning the opera-tion and inspection of mines and quarries. Bureau staff consists of a bureau chief, an office assistant, and six mine safety and health field representatives. All mine safety and health field representatives are assigned a specific territory. 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. Instructor fundamentals, 13 N. C. Department of Labor 2008 Annual Report % explosives safety, health and safety laws, and supervisory training are offered through Mine and Quarry Bureau’s seminars and institutes. See Table 4. Table 4 Mine and Quarry Training and Inspection Activities, FY 2005 Through FY 2008 2005 2006 2007 2008 Number of Mine Safety and Health Instructors Trained ( Number of Sessions) 43 ( 3) 20 ( 3) 27 ( 2) 56 ( 4) Number of people trained in Explosives Safety ( Number of Sessions) 172 ( 8) 0 ( 0) 66 ( 2) 139 ( 3) Total Number of Inspections and Evaluations Conducted 501 485 464 527 Number of Miners and Contractors Trained 6,851 7,891 7,856 8,895 Highlights From Fiscal Year 2008 • Unimin/ Crystal plant was assessed in March 2007 and was awarded the Mining Star flag on Oct. 31, 2007. Harrison’s Inc., Waynesville Quarry, was assessed in September 2007 and awarded the Mining Star flag on Feb. 8, 2008. Harrison’s Inc. became the first crushed stone operation to receive the Mining Star Award. • Received 1st place award from the U. S. Depart-ment of Labor’s Mine Safety and Health Administration for the bureau’s program on “ N. C. Mine Safety and Health Law School” for Public/ Printed Material category. • Conducted 31st N. C. Mine Safety and Health Conference with the theme of “ Safety— Good as Gold” in Concord. • Conducted 527 inspections and evaluations of active and abandoned mines. • Increased the number of miners and contractors trained to 8,895 compared to 7,856 in 2007. • Conducted 525 on- site education and training pro-grams throughout North Carolina. 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. 14 Standards and Inspections Division Jim Spigner, right, of the Mine and Quarry Bureau accepts a certificate from Assistant Secretary Richard Stickler of the USDOL Mine Safety and Health Administration. The bureau’s “ N. C. Mine Safety and Health Law School” placed 1st in MSHA’s printed train-ing materials competition. The bureau issues youth employment certificates to preserve young workers’ rights. The bureau also enforces the statutes that regulate the licensure and reporting requirements of private personnel service and job listing service agencies, payment of furnishing any records as part of the hiring process, and the Controlled Substance Examination Regulation Act. The bureau is also responsible for the department’s toll- free telephone system. Bureau staff consists of two administrators, three supervisors, 20 investigators, five information specialists and two program assistants. Highlights From Fiscal Year 2008 • Answered 91 percent of all calls placed to the call center ( 1- 800- LABOR- NC) on the first attempt. • Closed 59.1 percent of investigations within 90 days of complaint receipt; 81.5 percent of those inves-tigations were closed within 120 days of receipt. • Concluded 63.8 percent of investigations based on factual evidence obtained from one or both parties. • Recovered wages in the amount of $ 304,556 for 392 complainants based on investigative findings of fact; recovered an additional $ 330,861 for 605 complainants prior to any investigative determination. • Total wages recovered at the investigator level without litigation expenses were $ 879,756; an addi-tional $ 713,000 was recovered through installments, litigation and settlements. • Conducted 1,005 presentations and technical assistance visits with employers; conducted four joint federal- state labor law seminars throughout the state. Call Center The bureau’s call center is manned by five highly motivated and trained individuals who listen to cus-tomers and respond in one of several manners: ( 1) they provide information relative to the concern, ( 2) they refer callers to appropriate agencies for matters not within the jurisdiction of the bureau, and ( 3) they enter complaint information directly into the case assignment and tracking database for electronic assignment to an investigator. Since these individuals are often the first contact that customers have with the department or bureau, they pride themselves on providing excellent customer service and making a positive first impression. Call centers are often characterized as “ high volume” centers, and the numbers in Table 5 certainly speaks to this; however, an equally important measure by industry standard is the percentage of calls answered on the first attempt. The service level line in Table 5 indicates that the call center has exceeded the 90 percent industry standard each year since FY 2003. Additionally, the bureau’s capability to provide services to the ever- growing Hispanic population increased with the recruitment of two bilingual members of the bureau’s call center and the hiring of three investigators who also speak Spanish. Table 5 Wage and Hour Call Center Activity, FY 2002 Through FY 2008 Fiscal Year Calls Received Calls Answered Percent Answered 2002 116,698 102,177 89.3 2003 103,695 97,975 94.2 2004 83,023 78,448 94.5 2005 98,486 93,344 94.8 2006 97,351 88,862 91.3 2007 96,881 91,312 94.3 2008 103,159 93,451 90.6 15 N. C. Department of Labor 2008 Annual Report Wage and Hour Investigations Although the majority of investigations conducted by the bureau are based on customer complaints, the bureau also conducts non- complaint investigations and industry- specific investigations to determine compli-ance with assigned laws. Despite a high turnover in investigative staff during the year, Table 6 compares the bureau’s performance with the previous year. The number of investigations opened this year increased 23.3 percent, and the number of investigations closed increased 8.8 percent. These numbers represent the third highest number of cases opened and the second highest number of cases closed over an eight- year period. From the complainants’ perspective, the most important aspect of the bureau’s job is the recovery of unpaid wages. In that regard, the Wage and Hour staff continues to provide excellent assistance as can be seen in Figure 6. Even though the bureau concentrated during this year on “ promised wage” complaint investiga-tions, it still managed to recover about $ 900,000 for the citizens of the state without litigation expenses. Figure 6 Wage Assessments and Collections, FY 2003 Through FY 2008 16 Standards and Inspections Division & & Table 6 Wage and Hour Investigations Opened and Investigations Closed, FY 2001 Through FY 2008 Fiscal Year Investigations Opened Investigations Closed 2001 6,493 6,198 2002 5,218 5,281 2003 4,556 4,684 2004 4,971 4,890 2005 5,537 5,384 2006 6,425 5,331 2007 4,974 5,588 2008 6,133 6,077 Youth Employment Certificates Timely review of youth employment certificates issued continues to be a key element in efforts to protect young workers. YEC Auto, the online certificate issuance process, allows for next- day review of certifi-cates issued; employers can be contacted immediately regarding job occupations that are not age appropriate for young workers. During this year, the on- line program accounted for 55 percent of all certificates issued. The program has been used in all 100 counties; however, the bureau continues to fine- tune the process in an effort to have this system become the only avenue for issuance of youth employment certificates. Figure 7 indicates the number of certificates issued for the past eight years. Figure 7 Youth Employment Certificates Issued, FY 2001 Through FY 2008 17 N. C. Department of Labor 2008 Annual Report YEC YEC Obtained Online More than 90 percent of 6,133 complaints received by the bureau in FY 2008 related to “ failure to pay” wages or benefits based on employer promises ( e. g., vacation, bonuses, holiday pay or commissions not required by state or federal wage and hour laws). Youth employment complaints account for less than 1 percent of the total complaints received during FY 2008. Figure 8 shows that 45.9 percent of all youth employment complaints received this year alleged the employer’s failure to obtain a Youth Employment Certificate prior to the first day of work. Figure 9 shows the types of complaints received by the bureau during FY 2008. Voluntary Compliance The bureau implemented a very aggressive technical assistance visit posture early in the year and responded to all requests for training and outreach. The bureau increased the number of education events from 839 in FY 2007 to 847 in 2008. The number of people trained in these events increased from 2,389 in FY 2007 to 3,307 in FY 2008. The need to reduce the inventory and handle other investigations within the statute of limitations periods required the bureau to drastically reduce its joint training seminars and to limit partner-ship initiatives. The bureau still believes strongly that education is a cornerstone to an effective voluntary compliance program and will increase activity in this area as resources permit. Figure 8 Youth Employment Complaints Received in FY 2008 18 Standards and Inspections Division ! " ! # $ % & ! ' ( ) * # $ * ! + ! , # - . ! / ! # $ 0 ! 1 * # $ 2 # 3 ! 4 # $ 5 3 " ! # $ 19 N. C. Department of Labor 2008 Annual Report Figure 9 Types of Wage and Hour Complaints Received in FY 2008 & ( ) * # & + % , # - ' ) , . # / , 0 * ( ) 20 Occupational Safety and Health Division The Occupational Safety and Health Division comprises five bureaus of the N. C. Department of Labor: Agricultural Safety and Health; Compliance; Consultative Services; Education, Training and Technical Assistance; and Planning, Statistics and Information Management. Statistical Highlights for 2008 Agricultural Safety and Health Bureau • The ASH Bureau completed 1,338 preoccupancy housing inspections of migrant farmworker hous-ing and issued certificates to 1,209 sites. • The bureau conducted outreach and training sessions for 1,400 migrant farmworkers. The key focus of outreach and training was the prevention of heat stroke and heat stress. • The bureau issued 176 citations, with total penalties amounting to $ 104,625. Compliance Bureau • Compliance conducted 3,477 safety inspections and 1,682 health inspections, for a total of 5,159 compliance inspections. • The total included 2,444 construction inspections, 1,449 occurring in Construction Special Emphasis Program counties. Consultative Services Bureau • The bureau conducted 774 safety visits and 384 health visits, for a total of 1,158 total consultative visits. • Hazards identified and eliminated as a result of consultative visits totaled 7,074. Of these, 5,465 were serious hazards, and 1,609 were other- than- serious hazards. • The Safety Awards Program celebrated its 62nd year awarding 1,972 Gold Awards, 358 Silver Awards and 102 Million- Hour Safety Awards, for a total of 2,432 awards distributed in FY 2008. • The bureau recognized 17 new Star sites and recertified 27 Star sites. There were 113 companies in the Star Program at the end of FY 2008. Education, Training and Technical Assistance Bureau • The ETTA Bureau conducted more than 200 courses, forums and workshops, providing training for more than 15,500 employers and employees. • The bureau distributed 69,504 hard copy publications in FY 2008. • The bureau also answered 4,590 inquiries for standards interpretation. Planning, Statistics and Information Management Bureau • Collection of OSHA Data Initiative ( ODI) data for calendar year 2007 officially concluded in October 2008 with a 98 percent response rate and a 99 percent clean rate. • Received 662 disclosure requests in FY 2008 and processed 533 requests. Occupational Safety and Health Division 21 N. C. Department of Labor 2008 Annual Report Agricultural Safety and Health Bureau Inspection Effort In 2008, the Agricultural Safety and Health Bureau completed 1,338 preoccupancy housing inspections of migrant farmworker housing and issued certificates to 1,209 sites. Gold Star Growers The 14th Annual Gold Star recognition programs were held in Clinton and King. Eighty- one Double Gold Star Growers and 76 single Gold Star growers were invited. Growers received Gold Star designation because they were in full compliance at the time of their preoccupancy inspection, had registered 45 days prior to occupancy, had requested water and septic checks from the local health department, and had demonstrated a willingness to continually improve workplace safety and health conditions. Double Gold Star Growers are eligible to conduct their own housing inspection for one year if they attend the luncheon and comply with registration and rules involving water and septic sanitation. Compliance ASH inspectors conducted 55 compliance inspections in calendar year 2008. These inspections included two accidents, five complaints, 36 referrals, two unprogrammed related and 10 programmed inspections that focused primarily on field sanitation compliance. The bureau issued 176 citations. During this period, 35 percent of the inspections resulted in no citations. Total penalties for citations issued amounted to $ 104,625. In addition, a number of unregistered, uncertified camps were discovered and inspected. Formal Training and Outreach Prevention of heat stress, heat stroke was a focus of outreach education in 2008. During the summer, ASH conducted outreach and training sessions for 1,400 migrant farmworkers. Training included prevention of heat stress, heat stroke, DOL housing regulations, ergonomics and safe driving. The Guía, a bilingual Guide to Agricultural Safety and Health, was produced in June 2007 and has been distributed to more than 1,000 farmers and more than 2,000 farmworkers. Two issues of the ASH news bulletin, The Cultivator, were produced in calen-dar year 2008. One highlighted the ways to avoid heat stress. The other focused on the recognition and pre-vention of green tobacco sickness. The Hazard Communication Standard as it applies to agriculture was also discussed. A summer intern created and conducted a survey of 109 regis-tered growers concerning their use of training materials. The responses to this survey will assist ASH in improving outreach efforts to farm-ers and farmworkers. Rob Segovia- Welsh of the ASH Bureau ( standing, far left) con-ducts a training session on heat stress for workers at Zelenka Nursery in Wilson County. Inspector/ Staff Training Inspectors attended several week- long compliance courses throughout the year. ASH employees conducted internal training for OSH compliance officers and training for a number of organizations. In 2007, the N. C. Legislature committed funding for two additional inspectors, and at the beginning of calendar year 2008, ASH was staffed with seven inspectors, two office staff members and the bureau chief. Workplace Training DVD Completed The bureau completed a DVD on the prevention of agricultural injuries in 2008. The DVD consists of four segments: forklift safety, the prevention of heat stress/ stroke, safety around tobacco balers, and safety around tobacco harvesters. Each segment is about 10 minutes long, and each was filmed on North Carolina farms. The DVD is in Spanish with English subtitles. It was mailed to all registered growers and to other interested parties. Partnerships, Associations and Collaborations With Groups The ASH Bureau continues to strengthen partnerships and associations with other groups such as the Sampson County Southeast Safety Alliance, cooperative extension agents and rural health professionals. ASH personnel conducted training at the Blueberry Council meeting, the Strawberry Council meeting, N. C. State University, the training clinic of the N. C. Office of Rural Health, and a number of other grower organizational meetings during 2008. Compliance Bureau Occupational Safety and Health ( OSH) Compliance ensures compliance with 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 techni-cal 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 employ-ers; measures, analyzes 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 compli-ance 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 2008 compliance activities included: • 5,159 compliance inspections ( See Figure 10.) • 3,477 safety inspections • 1,682 health inspections • 2,444 construction inspections • 5,290 serious hazards abated • 1,813 employer safety and health program improvements • 67 inspections associated with the Tree Felling Special Emphasis Program • 1,449 inspections in the Construction Special Emphasis Program counties • 103 inspections in long- term care facilities • 223 inspections associated with the health hazards exposure special emphasis program • 198 site- specific targeting special emphasis- related inspections ( specific employers with high injury/ illness rates) 22 Occupational Safety and Health Division • 224 inspections associated with Public Sector Special Emphasis Program • 462 compliance interventions ( includes speeches, training programs and program assistance) • 133 accident investigations • 775 complaint inspections • 420 safety and health referrals inspections/ investigations • 1,056 informal conferences associated with compliance inspection activity Figure 10 Number of Compliance Inspections, FY 2000 Through FY 2008 OSH Compliance delivers quality service in an effective and efficient manner. OSH Compliance conducts inspections and accident investigations to ensure employees are provided with safe and healthful work-places. In addition, OSH Compliance provides technical assistance and outreach training to as many employers and employees as resources will permit. Finally, OSH Compliance provides resources to the Star recognition program. The Star Program is designed to recognize and promote effective safety and health management programs. Several tools, in addition to the statewide loss workday incidence and illness rates, are used to monitor inspection quality and operational efficiency. Figure 11 presents the occupational injury and illness rate for the public and private sector in North Carolina for calendar years 2000 through 2007. 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. Additional significant activities that occurred in OSH Compliance or involved OSH Compliance participa-tion during FY 2008 include the following: • The new Raleigh Convention Center was completed in the fall of 2008 ending a successful three- year site partnership. This $ 192 million dollar project involved more than 130 subcontractors and 3,500 workers. OSH Compliance in conjunction with Consultation and ETTA conducted quarterly walk-throughs of the site and were in continual contact with site management regarding site safety and health. Only one lost work- time accident was recorded for the duration of the project. 23 N. C. Department of Labor 2008 Annual Report Figure 11 Occupational Injury and Illness Rate for North Carolina, Public and Private Sectors, Calendar Years 2000 Through 2007 • Compliance personnel continued partici-pation in the Integrated Management Information System ( IMIS) redesign proj-ect with OSHA. This is a software and hardware redesign that will be implement-ed nationwide in 2010. The new system will serve as the main database collection and retrieval system for all OSH pro-grams. North Carolina is one of only two state plan states participating in the pilot project for this new system. • OSH Compliance’s quality program resulted in numerous improvements to operating procedures and policies. The Field Operations Manual ( FOM), numer-ous Operational Procedure Notices, and other policies and procedures were modi-fied in an effort to continually improve the process, service and end product of the Compliance group. All action requests submitted were reviewed by management, and actions and responses were provid-ed to those that submitted the requests. • OSH Compliance continued its homeland security and emergency preparedness efforts through involvement with Local Emergency Planning Committees ( LEPCs), the State Emergency Response Commission, and federal agencies. In FY 2008, a tabletop exercise to test the department’s continu-ity of operations plan was conducted. • In the spring of 2008, OSH Compliance participated in the Department of State’s International Visitor Leadership program. OSH Compliance management met with an Economic Advisor for the European Commission. The purpose of the meeting was for the European Commission to gain insight into how safety and health standards are regulated in the United States and also within different states and even cities. • A memorandum of agreement ( MOA) was signed between the Occupational Safety and Health Division and the N. C. Department of Environment and Natural Resources, Division of 24 Occupational Safety and Health Division The new Raleigh Convention Center was completed in the fall of 2008, ending a successful three- year site partnership between the contractors and NCDOL. Environmental Health, Radiation Protection Section ( RPS). The MOA establishes a basis for the working relationship between the two agencies regarding compliance matters. Under the agree-ment, RPS will be the primary inspection agency for sources of ionizing radiation. NCDOL will be the primary inspection agency for sources of non- ionizing radiation with the exception of tanning units. There are also provisions in the agreement for processing referrals and the joint inspections of facilities. The agreement encourages the sharing of technical and professional assistance and the development of training programs. The OSH Division recently submitted a new five- year strategic management plan to federal OSHA as part of the grant application process. The major change in the new plan is the addition of food manufacturing as an area of emphasis. Hexavalent chromium has also replaced styrene as an area of emphasis for expo-sures to health hazards. 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 2008. The bureau conducted 1,158 total consulta-tive visits. ( See Table 7.) • 774 ( 67 percent) safety visits; 384 ( 33 percent) health visits. • 994 ( 86 percent) initial visits; 102 ( 9 percent) training/ assistance visits; 62 ( 5 percent) follow- up visits. • 967 ( 84 percent) private sector visits; 191( 16 percent) public sector visits. • 366 ( 32 percent) manufacturing visits; 322 ( 28 percent) construction visits; 279 ( 24 percent) other type visits; 191 ( 16 percent) public sector visits. • Hazards identified and eliminated as a result of consultative visits totaled 7,074. Of these, 5,465 ( 77 percent) were serious hazards, and 1,609 ( 23 percent) were other- than- serious hazards. In FY 2008 consultants also conducted 672 safety and health interventions, which included speeches, train-ing programs, program assistance, interpretations, conference/ seminars, outreach and other interventions. Table 7 Consultative Services Bureau Program, FY 2006 Through FY 2008 Comparisons FY 2006 FY 2007 FY 208 Total Visits by Category Safety 934 749 774 Health 302 389 384 Total 1,236 1,138 1,158 Total Visits by Type Initial 1,016 959 994 Training and Assistance 112 88 102 Follow- up 108 91 62 Total 1,236 1,138 1,158 Total Visits by Industry Type Manufacturing 382 291 366 Construction 346 306 322 Other 315 335 279 Public Sector 193 206 191 Total 1,236 1,138 1,158 25 N. C. Department of Labor 2008 Annual Report The Safety Awards Program celebrated its 62nd year with another successful season. The Gold Award was presented to 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. The Silver Award went to employer sites with a lost workday rate at least 50 percent below the state average. This year 30 safety award banquets were held— with a total of 3,400 in attendance. There were 1,972 Gold Awards, 358 Silver Awards, and 102 Million- Hour Safety Awards for a total of 2,432 annual safety awards distributed. North Carolina is still ranked No. 1 as a state plan state and is ranked second of all states that participate in the VPP/ Star Program. The recog-nition programs also enjoyed another year of growth and success. Seventeen new Star sites were recognized, 27 Star sites were recertified, and 64 first- time Star interventions were con-ducted. There are currently 113 companies in the Star Programs. The Recognition Programs, while managed by the Bureau of Consultative Services, continue to use resources provided by the Compliance Bureau for on- site evaluations, with Com-pliance and Education, Training and Technical Assistance helping to promote participation in the recognition programs. The bureau continues to reach small employers and encourage participation in the Safety and Health Achievement Recognition Program. In FY 2008 the bureau recognized 26 SHARP- related worksites, bringing the total to 73 SHARP- related worksites. Education, Training and Technical Assistance Bureau The Education, Training and Technical Assistance ( ETTA) Bureau continued to focus on increasing effi-ciency and effectiveness in providing outreach training to workers in high- risk industries and affirming its role in the areas of homeland security and emergency preparedness, as well as ensuring adherence to terms of agreement for partnerships and alliances. The work of the bureau included training, rulemaking, publi-cations, partnerships, alliances, homeland security and outreach. Training ETTA launched several new initiatives in FY 2008. The two most notable included the design and devel-opment of about 60 presentations on a variety of safety and health topics that will be made available to the public via the Internet in mid- 2009 and the design and development of an electronic certificate processing program that allows course attendees to receive their course certificates through their e- mail accounts. The bureau hosted multiple 30- and 10- hour general industry and construction awareness courses. These included two general industry 30- hour courses, seven general industry 10- hour courses, two construction industry 30- hour courses and nine construction industry 10- hour courses. Four of the construction 10- hour courses were delivered in Spanish. Nearly 100 percent of students who attended found the courses to be useful in the workplace. ETTA continued to offer a variety of training topics to the public via the Speaker’s Bureau, Web training and individual topic workshops hosted at the Charlotte, Raleigh and Winston- Salem Field Offices. The courses offered on the Web and through the field offices doubled during this past year. In addition, ETTA 26 Occupational Safety and Health Division Employees of Wyeth Biotech in Sanford display the Carolina Star flag after a ceremony at the plant. began offering training workshops at the Asheville Field Office to try and reach more businesses in the western part of the state. ETTA offered more than 200 courses, forums and workshops. The bureau also provided an exhibit at numerous health and safety as well as industrial conferences. The OSH Division provided training for 15,589 employers and employees during FY 2008. The Training Section continues to provide training to workers in high- risk industries such as construction, logging and agriculture at or near their worksites using the Labor One mobile training unit. Twenty train-ing events were hosted using Labor One. The training section continued to expand and improve its new outreach training calendar and newsletter. The training calendar is made available on the NCDOLWeb site while the newsletter was e- mailed to more than 7,000 employees/ employers twice during this reporting period. The calendar outlines course offerings and allows for on- line registration for all courses. The newsletter outlines the current training schedule and offers information with regard to a variety of NCDOL services. Rulemaking The Standards Section work plan included rule clarifying and specifying safety and training requirements for workers as well as review, evaluation and adoption of other OSHA standards. Final rules adopted dur-ing this year included: Updating OSHA standards based on National Consensus Standards for General Industry and the Employer Payment for Personal Protective Equipment Standard. Additionally, at least 16 Field Information System documents were reviewed by the standard’s section and approved for use or revised during this time including six federal compliance directives, including the new hexavalent chromium directive, five field operations manual chapters, and five operational procedure notices. ETTA, working with subcommittees and outside groups, also developed draft rules for public safety div-ing, medical records and cranes, all of which are currently moving through the rulemaking process with NCDOL Legal Affairs Division. Publications In FY 2008, the bureau distributed 69,504 hard copy publications in support of the division’s outreach and regulatory goals of the division. Comprising that number were Occupational Safety and Health Standards for the construction industry and for general industry that the division adopted and those that the division promulgated as state- specific standards; industry guides that were developed within the Standards Section of the ETTA Bureau; Quick Cards, many of which were adopted from the federal OSHA Quick Cards and revised/ developed in the Standards Section; and hazard alerts, which were sent to targeted industries that experienced accidents and/ or fatalities related to a specific hazard. See Figure 12. The Standards Section developed a new industry guide on construction jobsite safety and health as well as reviewed and/ or revised 10 existing industry guides. They also created 28 English and seven Spanish Quick Cards on a variety of topics. The bureau mailed seven targeted hazard alerts to industries with reference to such hazards as combustible dust, cranes and hexavalent chromium. The bureau also answered 4,590 inquiries for standards interpretation. Partnerships and Alliances The bureau oversees partnerships and alliances for the OSH Division that benefit North Carolina workers. The division had 14 active partnerships and alliances. This includes the signing of one new construction site partnership and the completion of one successful construction site partnership. No new alliances were estab-lished during the fiscal year, but several were in the planning stage. 27 N. C. Department of Labor 2008 Annual Report Figure 12 Distribution of OSH Publications, FY 2008 28 Occupational Safety and Health Division 6 ! 7 & ! 8 & ! 9 : # # $ 8 , ; , # < , # $ # ; , # = ! , ! , # $ < ! ; , # = ! , ! , # $ / $ Labor Commissioner Cherie Berry, center, joins others at a partnership signing ceremony at the NASCAR Hall of Fame building site in Charlotte. Planning, Statistics and Information Management Bureau The Planning, Statistics and Information Management ( PSIM) Bureau responds to statistical data requests and requests for the release of OSH Division investigative file documents. PSIM also gathers and analyzes injury and illness data by conducting two annual surveys, the Public Sector Survey and the OSHA Data Initiative Survey. Data are also gathered and analyzed to publish the OSH Division’s Annual Comparison Report. The bureau archives all OSH Compliance investigative files. The PSIM Bureau maintains the OSH Division’s private and public sector employer database, the inspection targeting system, and statistical data related to workplace fatalities and in support of the OSH Division’s Strategic Plan. • Completed the Public Sector Survey ( collection of calendar year 2007 injury and illness data) of 3,166 employers with a 99.7 percent response rate and a 100 percent clean rate. Nine nonresponders were referred to the Compliance Bureau. As of the end of FY 2008, all surveys were collected. • Completed an analysis of data collected from the 2004, 2005 and 2006 Public Sector Surveys, result-ing in updated established target rates for employer specific categories. • Worked in conjunction with Education, Training and Technical Assistance Bureau, Compliance Bureau, and Legal Affairs Division staff to update and revise Field Operations Manual Chapters 2, 3, 5, 6, 8, 9, 11, 13 and 16. PSIM staff also updated Operational Procedure Notices 124Q and 128G. • PSIM bureau chief participated as a member of a four- person committee to draft the general rules and operational procedures for how the Occupational Safety and Health Division will obtain and main-tain medical records related to OSH inspection and file activities. • Analyzed public sector inspection activities for FY 2005, 2006 and 2007. • Analyzed private sector site specific inspection activities for FY 2003– 2007. • Analyzed construction inspection activities for FY 2007. • Completed FY 2007 Fatalities Comparison Report ( OFIR Report) analysis. ( Figure 13 presents the fatality data for calendar years 2000 through 2008.) • Various targeting schedules were updated and assignments released: • Site Specific Targeting ( SST) Schedule • Public Sector Schedule ( Utilizing 2006 Survey Data) • General Industry Schedules ( Safety and Health) • Agricultural Safety and Health ( ASH) Schedule • Wood Products Schedule ( NAICS Code 321 Only) • Health Hazards Schedules ( Asbestos, Lead, and Isocyanates) • Fatality Reinspection Schedule • Communication Tower Schedule • Continued refinement of an OSH private and public sector database to supplement the exclusive use of the Employment Security Commission ( ESC) database. • Revised the lead, asbestos, and isocyanates/ health hazards targeting schedules. • PSIM staff members continued as active Strategic Management Plan ( SMP) Committee members and participated in all SMP meetings, discussions, and activities, which were essential functions directly related to the success of OSH Strategic Plan goals. • Collection of OSHA Data Initiative ( ODI) data for calendar year 2007 officially concluded in October 2008 with a 98 percent response rate and a 99 percent clean rate. Three survey mailings and more than 950 phone calls were made to 3,169 survey participants resulting in only 66 nonresponders, which were referred to the Compliance Bureau. 29 N. C. Department of Labor 2008 Annual Report • The project of quality control review is continuing and ongoing for OSH inspection files that have been archived through the imaging process. • Received 662 disclosure requests in FY 2008 and processed 533 requests ( 476 from FY 2008 and 57 from previous years) during this fiscal year, which resulted in an 81percent response rate. Figure 13 Fatalities Included in the Occupational Fatality Investigation Review, Calendar Years 2000 Through 2008 30 Occupational Safety and Health Division 31 N. C. Department of Labor 2008 Annual Report The N. C. Department of Labor’s Administration Division comprises the Budget and Management Division; Communications Division, including the Library and Publications Bureau; Governmental Affairs; Human Resources Division; Information Technology Division; Legal Affairs Division; and Research and Policy Division, including the Individual Development Account Program. Statistical Highlights for 2008 Budget and Management Division • The annual budget for FY 2009 is $ 33,080,501. Revenue: $ 14,370,689. Appropriations: $ 18,709,812. Communications Division • Released 96 news releases and media advisories. • N. C. Labor Ledger database grew to 9,600 subscribers. • Publications Bureau produced more than 2.6 million impressions and processed more than 104,000 pieces of outgoing mail. • The NCDOL Library’s circulation of audiovisual materials totaled 4,165 items at an average of 347 per month. Governmental Affairs Division • The department received a recurring appropriation of $ 500,000 to provide funding for operational expenses in the Occupational Safety and Health Division. • The department received $ 51,392 to make two OSH positions 100 percent state- supported and an additional $ 350,000 to fund four worker safety positions in the OSH Division. • HB 2436 authorized the Elevator and Amusement Device Bureau to create two new receipt- supported field supervisor positions. Human Resources Division • 407 employees as of 12/ 31/ 08. Information Technology Division • The help desk answered more than 2,100 calls. • The division assisted in the purchase of 327 PCs and laptops. • The department’s Web site had more than 1.1 million hits. Legal Affairs Division • The division completed its handling of claims from former employees of Midway Airlines. • The division initiated rulemaking for the Boiler Safety Bureau and the Occupational Safety and Health Division. Research and Policy Division • 548 IDA account holders have saved an aggregate $ 1,805,991, acquired more than $ 1,096,000 in match-ing grant funds, and purchased an estimated $ 44,012,079 in assets since the beginning of the program. • Conducted the Survey of Occupational Injuries and Illnesses and the Census of Fatal Occupational Injuries. The 2007 SOII and CFOI are the lowest numbers on record for the state. Administration Division Administration Division 32 Budget and Management Division The Budget and Management Division is responsible for all fiscal- related areas of the agency. The division has 14 employees. Job responsibilities are separated into four categories: budget/ payroll/ accounts payable, purchasing, federal grant administration, and accounts receivable/ collections. Reporting is done on a fiscal year basis ( July 1 through June 30); therefore, the 2008– 09 figures reflect only the most current six months of data. Table 8 provides data from FY 2005 through the first half of FY 2009. Budget/ Accounts Payable/ Payroll and Purchasing Due to a concentrated effort to increase utilization of E- commerce and cost- controlling activities related to general economic downturns and state budgetary shortfalls, the division has seen a continued decrease in the number of checks issued. All N. C. Department of Labor employees, with the exception of some new employees for their first service month, are receiving their payments electronically. The division continues to meet its internal benchmarks by paying and/ or ordering items within five working days from receipt, thereby enabling the department to become more fiscally responsible and prudent with available resources. Table 8 Budget and Management Division Activities, FY 2005 Through FY 2009 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 Annual budget $ 27,903,592 $ 29,401,900 $ 30,009,525 $ 31,212,573 $ 33,080,501 Revenue $ 13,505,588 $ 14,480,684 $ 13,632,158 $ 13,920,958 $ 14,370,689 Appropriations $ 14,398,004 $ 14,921,216 $ 16,377,367 $ 17,291,615 $ 18,709,812 Average no. of checks written/ month 543 530 509 489 462 Average monthly expenses $ 2,330,364 $ 2,336,883 $ 2,357,893 $ 2,558,832 2,567,270 Percentage of invoices received/ paid within 5 days 98 98 98 99 99 Average number of purchase orders issued/ month 32 31 34 39 44 Monthly average value of purchase orders issued $ 114,895 $ 68,108 $ 51,872 $ 55,594 $ 87,041 Percentage of purchase orders issued within five days 100 100 100 100 100 Average monthly inspection fees and penalties collected $ 576,159 $ 604,365 $ 622,883 $ 684,099 $ 738,665 Average monthly caseload for collections 791 862 1,742 2,195 2,387 Accounts Receivable/ Collections The accounts receivable/ collections section is responsible for all revenue received by the department. Two bureaus are fully receipt supported, which makes it vital that all revenues are collected and deposited in a timely and accurate manner. In addition, assessed penalties are collected and distributed to local school sys-tems throughout the state in accordance with state law. The division took numerous actions throughout the year to increase the effectiveness of collection efforts. These include: • The “ reminder letter” for past- due elevator invoices that was created in 2007 by extracting information from invoices and by adding a section for credit card payment information continued to be useful in 2008. It has streamlined the process and enabled us to reduce postage and paper usage by one and one-third sheets of paper per invoice. ( There are about 500 reminder letters for past- due elevator invoices mailed each month.) • Also, in conjunction with the Elevator and Amusement Device Bureau, the division developed a “ Billing from Raleigh/ Budget” process that will go live in the early part of 2009. Instead of the com-pany paying from the Inspection Report/ Invoice for an elevator inspection that is left at the time of inspection, a “ Statement” will be generated by the Budget office once a week and will be mailed directly to the party responsible for payment. This should enable the payment to reach the Department of Labor much sooner than by going through various channels before payment is made. • The new collection process for past- due elevator invoices by incorporating reminder telephone calls after the reminder letter, and by the Elevator Bureau adding a “ pulling certificate letter” due to non- payment after the reminder telephone call that was put into place in 2007 continued to be quite valuable in 2008. • The percentage rate of invoices over 90 days remained much lower than before the process. Beginning 2009, past- due invoices will also be turned over to the N. C. Department of Justice as well as to a collection agency. • In the spring of 2008, the same reminder telephone call process was put into place for past- due boiler invoices once the invoice had been turned over for collection. As with the Elevator Bureau, the percentage rate of boiler invoices over 90 days has dropped considerably. • Another new procedure that was added to help collect past- due boiler invoices was the collection officer e- mailing a listing of those invoices not paid to the bureau chief, and their sending out penalty noti-fications for operating without a certificate. Once that was received, many companies have paid to keep from having to pay the higher penalty. If the fee and/ or penalty is not paid within the given time-frame, a judgment will be filed. Beginning 2009, invoices will also be turned over the NCDOJ and to a collection agency for collection. • To become more user- friendly and responsive to requests from the general public and from the NCDOL bureaus, a new payment option that was conceived in 2008 to be implemented in 2009, is to work with OSC to create and add a “ Store Front” on the NCDOL Web site to enable credit card payments. This too should also speed up the payment process for Boiler, Elevator, OSH/ ASH, and any other type of credit card payment. Communications Division The NCDOL Communications Division provides direct support and assistance in publications work, library services, 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, releases, news-letters, brochures, manuals and other publications. The division prepares speeches for NCDOL personnel, and the division’s publications staff prints workplace safety and other materials the department provides to the public, employers and employees. The division released 96 news releases and media advisories, including workplace fatalities, safety award winners, fair safety updates and other safety training events. The department’s newsletter, NC Labor Ledger, subscription base grew from about 8,100 subscribers at the end of 2007 to about 9,600 at the end of 2008. The division’s print shop provided more than 2.6 million impressions and sent 604 electronic items. The print shop staff also processed more than 104,000 pieces of outgoing mail. • News releases/ media advisories: 96 • Print impressions: 2,653,147 33 N. C. Department of Labor 2008 Annual Report Administration Division • Electronic forms: 604 • CDs copied: 180 • Outgoing mail pieces processed: 104,432 Library The Labor Library offers more than 11,800 volumes, including about 120 journal titles, more than 1,200 audiovisual items and numerous electronic resources on various labor- related topics. The library provides a comprehensive program of informational services for NCDOL employees, other state employees, other libraries, organizations and the general public. The library has a staff of two. The library staff responded to 2,676 telephone, fax and e- mail requests. The library acquired 47 new audiovisual volumes this year ( most of them also in Spanish). The audiovisual circulation totaled 4,165 audiovisual items at an average of 347 per month. The requests for information covered an interesting array of topics in 2008. Information requests included buried utility lines’ placement markers, hyperbaric chambers, automotive shops, cement burns, com-bustible dust, mold, skid steers, workplace violence, ergonomics, telecommunication towers, metal cast-ing, electrical stop switches, boilers, acid storage, strikes in Wilmington/ Morehead City ports during the 1970s, traffic safety, industrial hygiene, sexual harassment, wheel chocks, dump trucks, and the North Carolina unemployment rate during the Great Depression. The library also received requests for standards on fall protection, printing, hooks, forklifts, towers, pro-tective footwear, jacks, storage racks, automotive lifts, robotics, excavators, cranes, conveyors, compressed gases, piping, hoists, welding, ergonomics and ladders. Table 9 offers details of many of the library’s activ-ities from 2007 and 2008. Table 9 Library Statistics, 2007 and 2008 2008 Total 2008 Monthly Average 2007 Total Phone, E- mail and Fax Inquiries/ Requests 2,676 223 2,656 Audiovisual Loans 4,165 347 4,170 Reference Questions 685 57 655 Walk- in patrons 1,103 92 1,234 Governmental Affairs Division The General Assembly convened for the 2008 short session on Tuesday, May 13, 2008, and adjourned Friday, July 18, 2008. The Governmental Affairs Division continued following numerous bills that had been filed in 2007 and were still eligible for short session consideration, and also tracked many bills that were newly introduced in 2008. Following are highlights of legislative issues relevant to the N. C. Department of Labor. Budget HB 2436— Modify Appropriations Act of 2007 ( Reps. Michaux, Adams, Alexander and Crawford) From a budgetary perspective, 2008 proved to be the most successful out of the past 8 years. The Department of Labor received an additional appropriation of $ 901,392, bringing the department’s revised 34 budget to $ 17,496,343. The department received a recurring appropriation of $ 500,000 for operational expenses in the Occupational Safety and Health Division. The department also received $ 51,392 to make two OSH positions 100 percent state- supported and an additional $ 350,000 to fund four worker safety posi-tions. Finally, HB 2436 authorized the Elevator and Amusement Device Bureau to create two new receipt-supported field supervisor positions. Status: Ratified July 8, 2008 and signed by the governor July 16, 2008. Employee Pay Raises ( contained in HB 2436— Modify Appropriations Act of 2007) Permanent state employees received a pay raise of the greater of $ 1,100 or 2.75 percent, effective July 1, 2008. Status: Ratified July 8, 2008, and signed by the governor July 16, 2008. NCDOL Relevant Bills HB 446— LRC Study Contributory Negligence ( Reps. Faison, Harrison, Hall, and Goodwin) This legislation would authorize the Legislative Research Commission to study the doctrine of contributory negligence and consider whether it should continue to be applied in North Carolina’s courts. This is of sig-nificance to the department as it relates to a potential “ Rider Responsibility Act.” Individual members of the department’s Amusement Device Advisory Board as well as others in the amusement device industry have supported the concept of such an act, which would seek to limit the liability of amusement device owners in accident situations. The department has not taken a position at this time because no formal pro-posal has been presented for consideration. While specific “ Rider Responsibility” legislation has not been introduced, the liability issues contained in HB 446 have the potential to indirectly impact the amusement device industry. The bill received a favorable report in the House Judiciary III Committee and was re-referred to the House Rules Committee during the 2007 long session, and it remained there for the dura-tion of the 2008 short session. Status: At session’s end, the bill remained in the House Rules Committee with no action taken. HB 1113— State Tort Claims/ Public Duty Doctrine ( Reps. Glazier and Faison) Introduced March 27, 2007, HB 1113 would limit the use of the public duty doctrine as an affirmative defense for civil actions under the State Tort Claims Act. This legislation is of interest to NCDOL because it could potentially expose the department to liability in the event that an injury or fatality occurred in an environment in which the department has regulatory authority. The final version of the bill revised the language to provide that the public duty doctrine may be used if the injury was a result of the alleged negligent failure of an employee to perform a safety or health inspection. This revision would protect the department from claims involving establishments that have never been inspected, but not if the injury occurred after an inspection had occurred. While the department, particularly the general counsel, attempted to make concerns known to the legislative leadership, the bill eventually unanimously passed both the full House and Senate. Status: Ratified July 9, 2008, and signed by the governor Aug. 4, 2008. The legislation became effec-tive Oct. 1, 2008. HB 1818— Agricultural Family Protection Act ( Reps. Blue and Martin) Introduced April 18, 2007, HB 1818 would make several policy changes to the Migrant Housing Act related to requirements for shower heads and emergency contact information. The legislation would also add a protection under the Retaliatory Employment Discrimination Act related to complaints made under the pes-ticide regulation statutes. While the department was asked to participate in several discussions regarding 35 N. C. Department of Labor 2008 Annual Report Administration Division the content of the bill, it never received a committee hearing. It was referred to the House Committee on Agribusiness and Agricultural Economy where it remained for the entirety of the 2007– 2008 session. Status: At session’s end, the bill remained in the House Agribusiness and Agriculture Economy Committee. HB 2431— Studies Act of 2008 ( Reps. Martin, Glazier, McComas and Wainwright) Introduced May 21, 2008 as an Emergency Preparedness Study, this bill eventually became the vehicle for the 2008 Studies Act. Of the dozens of proposed studies included in the legislation, only one is of interest to the department. The Poverty Reduction and Economic Recovery Legislative Study Commission is tasked with “ studying and developing a coordinated, integrated approach to poverty reduction and economic recovery across the state,” and names the commissioner of labor as a nonvoting, ex- officio member. The study bill unanimously passed both the full House and Senate. Status: Ratified July 18, 2008, and signed by the governor Aug. 4, 2008. SB 847— Prevent Agricultural Pesticide Exposure ( Sen. Albertson) Introduced March 15, 2007, as Environmental Technical Corrections 2007, this bill eventually became entitled Prevent Agricultural Pesticide Exposure. The language in this bill partially reflects recommenda-tions made by the Governor’s Task Force on Preventing Agricultural Pesticide Exposure. The legislation adds agricultural workers who make complaints regarding pesticide use to the list of workers covered under the Retaliatory Employment Discrimination Act. The bill passed unanimously in the full House and Senate. Status: Ratified July 10, 2008, and signed by the governor Aug. 11, 2008. The legislation became effective Aug. 11, 2008. SB 963— City Firefighters/ Overtime Pay ( Sen. Atwater) Introduced March 19, 2007, this bill would create a new state law that mirrors a federal wage and hour law related to the calculation of overtime pay for members of a municipal fire department. The second version of this bill included a provision clarifying that the department would have enforcement authority only if the identical language in the Fair Labor Standards Act was overturned. This version of the bill passed the Senate with little opposition. In the House Commerce Committee, one final technical change was made, adjusting the effective date from Jan. 1, 2008, to when the federal regulation is repealed or no longer enforceable. This essentially puts into the N. C. General Statutes a law that is only enforceable if a federal law is overturned. This final version of the bill passed unanimously in the House and was concurred upon unanimously by the Senate. Status: Ratified July 17, 2008, and signed by the governor Aug. 2, 2008. SB 1206— Elevator Contractors and Mechanics Licensing ( Sen. Rand) Introduced March 21, 2007, this bill authorizes the department to establish licensure requirements, set fees and adopt rules for persons performing work as elevator contractors and mechanics. However, the legisla-tion would not apply to individuals who provide proof to the department that the person has been actively engaged in the business of an elevator contractor or mechanic in North Carolina for at least three years. The department has been involved in discussions regarding this legislation for several years and continues to actively oppose its passage. Upon introduction, the bill was referred to the Senate Committee on Rules and Operations where it remained for the duration of the 2007– 2008 session. Status: Referred to the Senate Committee on Rules and Operations with no action taken. 36 SB 2042— Migrant Farm Labor Housing Pilot Program ( Sen. Albertson) Introduced May 27, 2008, SB 2042 would create a pilot program to provide financing for the construction and improvement of migrant farm labor housing. This legislation is the result of a study by the N. C. Housing Finance Agency seeking to determine the feasibility of financing improvements to or construction of migrant housing. The study was a requirement of SB 1466— Migrant Housing Heath/ Study, which passed during the 2007 long session. This bill does not directly affect any functions of NCDOL, but the department has consistently opposed any legislation that would increase regulations on the farming com-munity. The bill’s language appears to indicate that farmers who exceed current standards would have an advantage, in terms of lower interest financing, over farmers who merely meet current standards. The bill was referred to Senate Appropriations where it remained for the duration of the short session. Status: Referred to the Senate Committee on Appropriations/ Base Budget with no action taken. SB 2104— Poultry Worker Protection/ Funds ( Sen. Clodfelter) Introduced May 27, 2008, this bill authorizes the state health director to inspect poultry plants and to work with the OSH Division to report any findings. It also requires poultry employers to keep records of com-plaints and large poultry facilities to employ a licensed medical professional to be available at all times. Additionally, the bill provides $ 350,000 to the N. C. Department of Health and Human Services to carry out the requirements. The department adamantly opposed this legislation, as it is a complete duplication of the OSH Division’s statutory mandates and unfairly targets the poultry industry. The bill was assigned to the Senate Committee on Agriculture, Environment and Natural Resources, where it remained for the dura-tion of the short session. The $ 350,000 proposed funding for DHHS reappeared in the governor’s version of the budget, appropriating the money for four positions designated for poultry processing plant injury inspection teams, which would evaluate working conditions in poultry facilities. In the end, the $ 350,000 was appropriated to NCDOL to fund four worker safety positions in the final version of the budget. See HB 2436 above for further details. Status: Assigned to the Senate Committee on Agriculture, Environment and Natural Resources with no action taken. 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 ( NCGS 126). Human Resources chronicled new hires, separations from services, promotions within the department, job postings, applications received, and total personnel actions processed. Working with a third- party administrator, Human Resources administers the department’s workers’ compensation program. In addition, the two part- time receptionists in the Labor Building assisted the department by responding to 16,368 phone calls in 2008. Table 10 shows a comparison of calendar years 2005 through 2008. In April 2008, North Carolina State Government started using a new HR/ payroll operating system from SAP called BEACON. For two months during the transition from the old systems to the new single oper-ating system, DOL put a hold on all but the most essential personnel actions. From reports in the news media and from employees in other state agencies, DOL has had a smooth transition to BEACON when compared to other agencies. Nevertheless, BEACON has dominated the work time of several HR staff members during the last eight months of 2008. No letup is anticipated for the first half of 2009. Summary of 2008 Workers’ Compensation There were 21 reported and filed claims during 2008. Of these, four qualified as OSHA recordable injuries. 37 N. C. Department of Labor 2008 Annual Report Administration Division Table 10 Human Resources Activities, Calendar Years 2005 Through 2008 2005 2006 2007 2008 New Hires 36 37 51 20 Separations 39 44 42 33 Promotions 42 21 21 25 Job Applications Received 1,561 2,021 1,828 2,416 Personnel Actions Processed 408 770 493 273 Total Positions on 12/ 31 428 429 430 434 Total Postings Open 12/ 31 n/ a 20 17 4 Total Employees on 12/ 31* 412 411 421 407 * includes part- time employees sharing one position n/ a n/ a 6 6 Positions Posted for the Year n/ a 98 100 66 Average Salary Grade 71 71 71 71 Average Employee’s Age 49 49 48 49 Average Employee Service Months 135 135 135 159 Information Technology Division The Information Technology Division provides the Department of Labor with information technology serv-ice for the conception, design, engineering and acquisition of all hardware and software, while providing daily service and support through installation, operation and maintenance of computers, servers, printers, local area networks and wide area networks. Support is provided to applications software and server operating systems software as well as hardware. Database design and administration are also provided. A federal- level information system ( Integrated Management Information System ( IMIS)) is also supported and used by the Occupational Safety and Health Division staff. The IT Division establishes and promotes policies and procedures for information technology, and through collaboration with the three main divisions and their respective bureaus within the Department of Labor, develops short-, medium-, and long- range technology goals. The past year has been one of significant accomplishments for the IT Division as multiple orders for desk-tops/ laptops/ printers and associated software, including network switch replacement equipment, have been ordered, received and installed. The division has also begun migration to a new e- mail and calendaring system for all employees within the department. In addition, to improve security for all information technology activities and to comply with mandated security policies, vendor encryption software was reviewed for applicability and cost- effectiveness for Department of Labor and ordered for laptop equipment. Furthermore, business unit needs for new or enhanced applications software has increased significantly stretching the ability of the division to meet demands. Meetings were conducted to discuss business unit plans as a beginning step toward improved requirements definition, prioritization and governance to enable better management and more efficient accomplishment of information technology efforts. During the second half of the year, significant resource time was dedicated to discussions, both internal and external to the DOL staff, related to Phase III of the ITS Consolidation effort. Applications Services Section In addition to normal production support to all current applications software, the following are highlights of the modifications/ enhancements that were accomplished during the past year: 38 • Worked with the N. C. Office of Information Technology Services ( ITS) on proxy server configuration requirements as a precursor to implementation of public access to NCDOL databases as required. • Partnered with the Apprenticeship Bureau to initiate and develop new applications software that is web- based and will enable apprentices to electronically register for the offered training programs. • Provided North Carolina- specific information to USDOL for the planning of new OSH Information System ( OIS) software. PC Support Section The PC Support Section averaged 175 calls to the help desk per month in 2008. Table 11 shows data for calendar years 2005 through 2008. In addition, 10 servers with different vendor operating systems were maintained and supported. The initial migration of 165 users in the agency to the new e- mail and calendar-ing system is not included in this table. Two new network switches were ordered and installed for the Charlotte office, and 10 were ordered and installed in the Old Revenue Building, eliminating significant potential for network outages. The section also coordinated a new intrusion prevention system ( IPS) with ITS to replace a previous intrusion prevention product. Table 11 Information Technology Division Activity, 2005 Through 2008 2005 2006 2007 2008 Annual Help Desk Calls 1,247 1,831 2,654 2,101 Equipment Services and Setups 179 83 182 278 PC and Laptop Purchases 89 63 113 327 Printer Purchases 24 83 82 159 Internet Site Hits n/ a 600,000 1,065,125 1,191,128 Legal Affairs Division The Legal Affairs Division of the Department of Labor advises the commissioner and the department as a whole on a wide variety of legal issues. Among other things, the division monitors all legal issues related to the department, reviews and refers cases in need of litigation to the Attorney General’s Office, advises the commissioner and the department when policy developments involve legal issues, conducts legal reviews of policies and procedures, conducts mediations for the Office of State Personnel and NCDOL’s Employment Discrimination Bureau, and conducts rulemaking activities for the department. In 2008, the division completed the second of two major bankruptcy cases affecting thousands of North Carolina workers. A brief description of the case is as follows: Midway Airlines— Bankruptcy On Aug. 13, 2001, Midway Airlines Corp. filed a voluntary bankruptcy petition under Chapter 11 of the Bankruptcy Code. On Oct. 30, 2003, the case was converted to Chapter 7. Post- petition payroll claims with Chapter 11 administrative level status under § 503( b)( 3) of the Bankruptcy Code were established. Employees represented by NCDOL in this case were approved by order dated Sept. 16, 2003, and amended by order dated July 17, 2006, allowing $ 88,210.96 for the class. The claims made by NCDOL primarily con-cerned unpaid vacation pay accumulating during the Chapter 11 case. Claims for 754 employees were made by NCDOL and allowed in the corresponding order. During 2007, to effectuate the orderly and proper distribution of the claims, the division took the lead in locating claimants who may have moved and was successful in verifying the addresses of 537 former 39 N. C. Department of Labor 2008 Annual Report Administration Division employees. The distribution occurred during April 2008 and was accomplished by the trustee hiring an accounting firm to ensure that the most feasible and cost effective method was used to effectuate the dis-tribution. In December 2008, the trustee declared the remaining former employees “ missing” and began the process of paying those employees’ entire share of the distribution to the N. C. Treasurer’s escrow and escheat fund. At this time, if additional employees surface, they will be directed to the N. C. Treasurer’s office to claim their disbursement. The division is pleased to announce that, with regard to the claims filed for former employees, all eligible employees have either received their approved compensation or are able to claim it from the N. C. Treasurer’s office. Rulemaking In 2008, the commissioner initiated rulemaking for the Boiler Safety Bureau and the Occupational Safety and Health Division. A brief discussion of each action follows: Boiler Safety Bureau Various Amendments On Aug. 11, 2008, rulemaking was initiated regarding Title 13, Chapter 13, of the N. C. Administrative Code to amend certain rules to remain consistent with boiler and pressure vessel industry standards, the N. C. Plumbing Code, and the N. C. Mechanical Code and to clarify or standardize certain references/ infor-mation contained in the current rules. The following rules were involved in the action: 13 NCAC 13.0101; 13 NCAC 13.0202; 13 NCAC 13.0203; 13 NCAC 13.0204; 13 NCAC 13.0205; 13 NCAC 13.0206; 13 NCAC 13.0208; 13 NCAC 13.0301; 13 NCAC 13.0302; 13 NCAC 13.0401; 13 NCAC 13.0403; 13 NCAC 13.0404; 13 NCAC 13.0405; 13 NCAC 13.0409; 13 NCAC 13.0412; 13 NCAC 13.0413; 13 NCAC 13.0414; 13 NCAC 13.0416; 13 NCAC 13.0417; 13 NCAC 13.0420 With the exception of 13 NCAC 13.0413 and .0420, the above rules were approved with an effective date of Jan. 1, 2009; 13 NCAC 13.0413 and .0420 will be effective Feb. 1, 2009. Occupational Safety and Health Personal Protective Equipment ( 13 NCAC 07F. 0104) On Nov. 15, 2007, in 72 FR 64342- 64430, OSHA published a final rule to update its Employer Payment for Personal Protective Equipment. The provisions in OSHA standards that require PPE generally state that the employer is to provide such PPE. However, some of these provisions did not specify that that employ-er is to provide such PPE at no cost to the employee. The new federal rule stipulates that the employer must pay for required PPE, except in the limited cases specified in the standard. North Carolina is a state plan state, and 13 NCAC 07F. 0104 is now rendered less effective than the new standard promulgated by OSHA. Due to this, the repeal of 13 NCAC 07F. 0104 is necessary in order for North Carolina’s Occupational Safety and Health program to remain 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. The verbatim adoption of the federal rule implementing OSHA’s new standard was effective Feb. 13, 2008. Permanent rulemaking was initiated on Dec. 19, 2007 and became effective May 15, 2008. General Industry ( 13 NCAC 07F. 0101) On Dec. 14, 2007, in 72 FR 71061- 71070, OSHA published a final rule to its general industry standards, effective March 13, 2008. In this direct final rule, OSHA removed several references to consensus stan-dards that have requirements that duplicate, or are comparable to, other OSHA rules. This action included 40 correcting a paragraph citation in one of these OSHA rules. OSHA also removed a reference to the American Welding Society standard A3.0- 1969 (“ Terms and Definitions”) in its general- industry welding standards. This rulemaking is a continuation of OSHA’s ongoing effort to update references to consensus and industry standards used throughout its rules. The verbatim adoption of the federal rule updating OSHA’s standard was effective April 17, 2008. Crane and Derrick Rules ( Numerous) On Nov. 20, 2008, notice of text was filed to adopt the following rules: 13 NCAC 07F. 0901; 13 NCAC 07F. 0902; 13 NCAC 07F. 0903; 13 NCAC 07F. 0904; 13 NCAC 07F. 0905; 13 NCAC 07F. 0906; 13 NCAC 07F. 0907; 13 NCAC 07F. 0908; 13 NCAC 07F. 0909; 13 NCAC 07F. 0910; 13 NCAC 07F. 0911; 13 NCAC 07F. 0912; 13 NCAC 07F. 0913; 13 NCAC 07F. 0914; 13 NCAC 07F. 0915; 13 NCAC 07F. 0916; 13 NCAC 07F. 0917; 13 NCAC 07F. 0918; 13 NCAC 07F. 0919; 13 NCAC 07F. 0920; 13 NCAC 07F. 0921; 13 NCAC 07F. 0922; 13 NCAC 07F. 0923; 13 NCAC 07F. 0924; 13 NCAC 07F. 0925; 13 NCAC 07F. 0926; 13 NCAC 07F. 0927. Due to significant changes in construction consensus standards and requests from several industry stake-holders, federal OSHA has been working since 1998 on an update to 29 CFR Part 1926, Subpart N, designed to protect employees from the hazards associated with hoisting equipment when used to perform construction activities. This update will affect establishments across a variety of different construction industries with work involving cranes and derricks. To that end, in July 2002, OSHA announced its intent to use the negotiated rulemaking process to revise Subpart N, and established the Cranes and Derricks Negotiated Rulemaking Advisory Committee ( C- DAC). The C- DAC began meeting in August 2003, and completed its task in July 2004. As a result of these meetings, the committee submitted a proposed revi-sion to Subpart N to OSHA on July 13, 2004. After years of review, OSHA published a notice of proposed rule in the Federal Register on Oct. 9, 2008. However, due to a number of factors affecting the federal rule-making process, a final rule is not expected from OSHA for at least one year. As a result, NCDOL is tak-ing a proactive approach toward protecting those in North Carolina who operate and work around cranes. N. C. Gen. Stat. § 95- 131 sets forth that “[ a] ll occupational safety and health standards promulgated under the federal act by the Secretary, and any modifications, revision, amendments or revocations in accordance with authority conferred by the federal act or any other federal act or agency relating to safety and health and adopted by the Secretary, shall be adopted as the rules of the Commissioner of this State unless the Commissioner decides to adopt an alternative State rule as effective as the federal requirement and provid-ing safe and healthful employment in places of employment as required by the federal act and standards and regulations heretofore referred to and as provided by the Occupational Safety and Health Act of 1970.” Therefore, NCDOL is proposing to adopt new rules for cranes and derricks that mirror the federal consen-sus document with some minor exceptions. The public hearing was held Jan. 15, 2009, and the proposed effective date is July 1, 2009. Toxic and Hazardous Substances ( 13 NCAC 07F. 0106) In 1971, the Occupational Safety and Health Administration ( OSHA) promulgated 425 permissible expo-sure limits ( PELs) for air contaminants. Thereafter, in 1989 OSHA revised the air contaminants standard ( 29 CFR 1910.1000) for 428 toxic substances. This revised standard lowered the PELs for 212 substances, set new PELs for 164 previously unregulated substances, and left unchanged PELs for 52 substances. At that time, the N. C. Department of Labor adopted the new PELs verbatim pursuant to N. C. Gen. Stat. § 95- 131( a). However, a legal challenge by representatives of both labor and industry resulted in a decision by the 11th Circuit of the U. S. Court of Appeals that vacated the revised PELs because OSHA did not suffi-ciently explain or support its threshold determination that exposure to these substances at previous levels posed a significant risk of these material health impairments or that the new standard eliminated or reduced 41 N. C. Department of Labor 2008 Annual Report Administration Division that risk to the extent feasible. See AFL- CIO v. OSHA, 965 F. 2d 962 ( 1992). As a result, OSHA reverted back to the original PELs that were promulgated in 1971. Due to a recent interpretation of the AFL- CIO decision, the N. C. Department of Labor is proposing to repeal the lower PELs contained in 13 NCAC 07F. 0106, and revert to the PELs contained in 29 CFR 1910.1000. The Notice of Text to repeal 13 NCAC 07F. 0106 was filed on Dec. 18, 2008, a public hearing was held Jan. 30, 2009, and the proposed effective date is May 1, 2009. Research and Policy Division The Research and Policy Division’s primary responsibility is collecting information and data for use by the Commissioner of Labor. The division develops and implements special programs and projects. The division also provides staff support to the commissioner and other divisions within the department and helps to estab-lish and revise policy guidelines. The Individual Development Accounts Program provides assistance to low- income individuals toward attaining self- sufficiency through homeownership, microenterprise, or edu-cation and training. 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 ( SOII) data for certification to the U. S. Bureau of Labor Statistics. The data— used by both state and federal departments of labor— provide an accurate measurement of the work- related injury and illness rates, and demographic and case characteristics data on employees in North Carolina. The state incidence rate for injuries and illnesses in the private sector was 3.7 for every 100 full- time employees in 2007, which is below the national average of 4.2. With the public sector included, the rate was 3.8. The 2007 SOII figures for North Carolina are the lowest on record for the state. See Figure 11 on page 24 and Figure 14. Figure 14 Occupational Injury and Illness Rate for North Carolina, Private Sector, Calendar Years 2000 Through 2007 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 ( CFOI). 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 are occurring. The figures also are used to assist those industries with high rates of injuries and fatalities to target safety and health edu-cation and training where needed. 42 Bureau of Labor Statistics figures ( from the Census of Fatal Occupational Injuries) show that North Carolina suffered 158 work- related deaths in 2007, a 5 percent decrease from the 168 deaths that occurred in 2006. The 2007 CFOI number is the lowest on record for the state. See Figure 15. Figure 15 Census of Fatal Occupational Injuries Data, Calendar Years 2000 Through 2007 Individual Development Accounts Program The Individual Development Accounts, or IDA, Program is designed to help low- wealth individuals build assets for the startup of new businesses, post- secondary educational investments or the purchase of a home. Through the use of matched savings accounts, financial literacy training, credit counseling and coaching, the program seeks to provide assistance to low- income individuals toward attaining self- sufficiency. The Department of Labor continues to play a major role in the IDA movement. The division is working in partnership with the IDA and Asset Building Collaborative of North Carolina, the N. C. Division of Community Assistance, the N. C. Housing Finance Agency, the N. C. Cooperative Extension Service, EITC Carolinas, and the N. C. Division of Social Services to support and increase the number of IDA programs. The NCDOL IDA Program continues to host trainings for IDA program sites throughout the state, bringing in outside speakers as well as involving members of local program staff who are knowledgeable in various aspects of the program. The training focuses on IDA implementation, best practices, effective outreach and other critical aspects of program development. This training provides valuable information and serves as a support network for everyone involved. In 2008, the department was awarded its fourth Assets for Independence ( AFI) grant. In this grant, NCDOL will partner with the N. C. Housing Finance Agency to provide 250 IDAs for the purpose of homeownership. According to year- end statistics for 2008, the NCDOL IDA Program consists of 14 sites that serve 31 counties. Total Graduates From NCDOL IDA Programs: By the end of 2008, a cumulative total of 548 partici-pants had graduated from the IDA Program in homeownership, micro- enterprise or post- secondary educa-tion. These graduates purchased 483 homes, started 34 businesses and made 31 educational investments. From 1999 to 2008, IDA account holders saved an aggregate $ 1,805,991, acquired more than $ 1,096,000 in matching grant funds, and purchased an estimated $ 44,012,079 in assets. 43 N. C. Department of Labor 2008 Annual Report
Object Description
Description
Title | Annual report of the North Carolina Department of Labor |
Date | 2009-02 |
Place | North Carolina, United States |
Time Period | (1990-current) Contemporary |
Description | 2008 |
Agency-Current | North Carolina Department of Labor |
Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
Physical Characteristics | v.: ill.; 28 cm. |
Collection | North Carolina State Documents Collection. State Library of North Carolina |
Type | text |
Language | English |
Format |
Annual reports Periodicals |
Digital Characteristics-A | 1.9 KB; 47 p. |
Digital Collection | North Carolina Digital State Documents Collection |
Digital Format | application/pdf |
Audience | All |
Pres File Name-M | pubs_serial_ncdolannualreport2008.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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 build-ing, 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 win-dow of Commissioner Berry’s office. Printed 2/ 09, 100 copies Contents Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Standards and Inspections Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Apprenticeship and Training Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Boiler Safety Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Elevator and Amusement Device Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Employment Discrimination Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Mine and Quarry Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Wage and Hour Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Occupational Safety and Health Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Agricultural Safety and Health Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Compliance Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Consultative Services Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Education, Training and Technical Assistance Bureau . . . . . . . . . . . . . . . . . . . .26 Planning, Statistics and Information Management Bureau . . . . . . . . . . . . . . . . .29 Administration Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Budget and Management Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Communications Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 Governmental Affairs Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Human Resources Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Information Technology Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Legal Affairs Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Research and Policy Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 iii N. C. Department of Labor 2008 Annual Report iv 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 accomplish-ments 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. Cherie Berry Commissioner of Labor Foreword N. C. Department of Labor Overview The N. C. Department of Labor, under Labor Commissioner Cherie Berry, is charged by law with the responsibility of promoting the health, safety and general well- being of working North Carolinians. The General Statutes provide the labor commissioner with broad regulatory and enforcement powers to achieve that objective. The labor commissioner is the constitutional officer elected by the people of North Carolina to a four- year term running concurrently with the gover-nor’s. Foremost among her duties are the administration and enforcement of the occupational safety and health standards and working conditions in industry; wage and hour issues pertaining to maximum work hours and minimum wage laws; training of apprentices in the skilled trades; educa-tion, training and consultation on safe and healthy working conditions; and the administration of inspections for boilers, elevators, amusement rides, and mines and quarries. The N. C. Department of Labor’s mission is to foster a safe, healthy, fair and productive North Carolina by: • 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 According to state law, the Department of Labor promotes the health, safety and general well- being of more than 3.8 million workers at over 250,000 places of business. 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 depart-ment. The Review Commission, whose members are appointed by the governor, hears appeals of citations and penalties imposed by the Occupational Safety and Health Division. The Department of Labor serves the workplace. Its programs, as well as the information it makes avail-able, help industry managers, small business owners, manufacturing employees and all those who work in North Carolina perform their work safely. Apprenticeship and Training Bureau The Apprenticeship and Training Bureau promotes and monitors a broad range of apprenticeship programs that train journeyman- level craftworkers to meet the demand for high- skilled workers. In 2008, almost 17,000 North Carolinians were served in these industry- supported programs. Apprenticeship programs are sponsored through employers or under joint labor- management committees. 1 N. C. Department of Labor 2008 Annual Report Labor Commissioner Cherie Berry The bureau encourages high school student apprentices and high school graduates to pursue training for career- development potential. Apprentices begin at a fixed percentage of journeyman pay and receive planned wage increases as they learn new skills. Boiler Safety Bureau The Boiler Safety Bureau enforces the Uniform Boiler and Pressure Vessel Act of North Carolina. The bureau regulates the construction, installation, repair, alteration, inspection, use and operation of pressure equipment that falls under the law. The bureau conducts periodic inspections of this pressure equipment and monitors inspection reports. The bureau maintains records on ownership, location and condition of working boilers and pressure vessels. It also issues certificates of inspection to boiler and pressure vessel owners and operators who meet requirements. Elevator and Amusement Device Bureau The Elevator and Amusement Device Bureau oversees, except in federal buildings, the installation and safe operation of elevators, escalators, workman’s hoists, dumbwaiters, moving walks, aerial passenger tramways, amusement rides, inclined railways and lifting devices for people with disabilities. The bureau conducts more than 20,000 annual inspections. The bureau also approves plans and applications for equip-ment that falls under its jurisdiction. The bureau conducts regular periodic inspections of all ride- operating equipment in the state and provides technical assistance. The bureau also will review, for architects and builders, plans for proposed elevators and related equipment. Employment Discrimination Bureau The Retaliatory Employment Discrimination Act protects employees who in good faith file or initiate an inquiry about workers’ compensation claims or exercise their rights under certain other state laws. Investigators examine the complaints filed and, if the complaint is found without merit, issue a right- to- sue letter. If the complaint is found to be valid, the bureau attempts conciliation through informal means before issuing a right- to- sue letter. Library The DOL Library offers more than 11,000 volumes, 120 periodical titles, and 1,200 audiovisual items along with other electronic resources. The library’s collection includes resources on the various topics regulated by the department. Videos and DVDs are lent free of charge, excluding return postage. Mine and Quarry Bureau The Mine and Quarry Bureau conducts inspections, education and training, and technical assistance on the operation of mines and quarries. The bureau helps operators to train their employees in safe working procedures. The bureau has jurisdiction over 426 private- sector mines, quarries, and sand and gravel pit operations that employ more than 4,500 citizens. The bureau also inspects abandoned surface mines for the protection of the general public, promotes rock-hound safety, and conducts an explosives safety course for anyone handling or using explosives. Occupational Safety and Health Division The Occupational Safety and Health Division administers workplace safety and health laws that apply to the private sector and all state and local government agencies. 2 Overview OSH standards parallel the federal OSHA standards. North Carolina currently conducts one of the 22 state-administered comprehensive OSHA programs in the nation. The OSH Division conducts about 5,000 inspections a year. The division conducts investigations of employee complaints, investigations of work- related accidents and deaths, randomly scheduled site inspec-tions, and special emphasis program inspections. Inspection targeting schedules, inspection files and other statistical reports are maintained by the Planning, Statistics and Information Management Bureau. The division offers free services to private and public employers through its Consultative Services Bureau. It also offers educational and technical assistance through the Education, Training and Technical Assistance Bureau. Employers may contact the OSH Division to receive free assistance, including standards interpre-tations or on- site visits. The Agricultural Safety and Health Bureau enforces the Migrant Housing Act of North Carolina, which requires the registration and inspection of housing provided to seasonal migrant agricultural workers. Migrant housing must meet federal standards plus specific standards for heat, fire protection and kitchen sanitation. Research and Policy Division The survey unit of the Research and Policy Division collects and processes information on workplace injuries, illnesses and fatalities for the U. S. Bureau of Labor Statistics. Reports prepared by the division include the annual injury and illness rate survey and the Census of Fatal Occupational Injuries. The Individual Development Accounts Program provides assistance to low- income individuals toward attain-ing self- sufficiency through homeownership, microenterprise, or education and training. Wage and Hour Bureau The Wage and Hour Bureau enforces laws that cover minimum wage, maximum hours, wage payment and child labor. Wage payment provisions— which include the payment of promised vacation, sick pay or other benefits— cover all employees except those in federal, state and local government. The bureau investigates worker complaints and collects back wages owed to employees. The bureau also licenses and regulates private personnel and job listing services. Companies that charge their clients must obtain a license from the department. Youth employment certificates are required for workers under 18 years of age and are available from all county social services agencies and from some school systems. This age group is prohibited from employ-ment in certain hazardous occupations. The bureau also monitors procedures used to test employees and job applicants for drug use. 3 N. C. Department of Labor 2008 Annual Report The Standards and Inspections Division comprises six bureaus of the N. C. Department of Labor: Apprenticeship and Training, Boiler Safety, Elevator and Amusement Device, Employment Discrimina-tion, Mine and Quarry, and Wage and Hour. Statistical Highlights for State Fiscal Year 2008 Apprenticeship and Training Bureau • The total number of new registrations in FY 2008 was 5,598. • The number of completions from the apprenticeship program in FY 2008 was 3,959. • The total number served during FY 2008 was 16,929. • Eligible veterans in North Carolina have received more than $ 7 million in GI Bill benefits through apprenticeship and on- the- job training. Boiler Safety Bureau • 50,286 items of pressure equipment were inspected during FY 2008. • 1,499 violations were identified. • 4,899 new items were inspected. • The combined state and insurance backlog was 1.07 percent at the end of the year. The combined per-centage never went over 1.35 percent during the entire year. Elevator and Amusement Device Bureau • 19,180 routine elevator inspections were completed in FY 2008. • 6,131 amusement devices were inspected. • Investigated 42 accidents of which 13 met the criteria for being reportable. Of those 13, five were mechanical- related accidents and eight were patron- related accidents. Employment Discrimination Bureau • 673 complaints were received during FY 2008. • 67 percent of complaints were based on workers’ compensation claims, 17 percent were based on wage and hour concerns, and 15 percent were based on safety and health concerns. • The bureau completed 756 investigations in FY 2008. Mine and Quarry Bureau • Conducted 527 inspections and evaluations of active and abandoned mines. • Increased the number of miners and contractors trained to 6,129 compared to 6,048 in 2007. • Conducted 504 on- site education and training programs throughout North Carolina. Wage and Hour Bureau • Recovered wages in the amount of $ 304,556 for 392 complainants based on investigative findings of fact; recovered an additional $ 330,861 for 605 complainants prior to any investigative determination. • Total wages recovered at the investigator level without litigation expenses were $ 879,756; an addi-tional $ 713,000 was recovered through installments, litigation and settlements. • Opened 6,133 investigations and closed 6,077 investigations. • Issued 82,638 youth employment certificates. 4 Standards and Inspections Division Standards and Inspections Division Apprenticeship and Training Bureau The Apprenticeship and Training Bureau is the administrator in North Carolina of the National Apprenticeship Act of 1937. The bureau approves apprenticeship programs, maintains records and issues certificates to apprentices who complete apprenticeship training. The bureau’s primary roles, working through its consultants, are to promote and develop new apprentice-ship programs among employers, to service existing programs, and to certify completers. In North Carolina, apprenticeship is a voluntary system of employee training combining on- the- job train-ing and related instruction to form a quality training system for employers throughout the state. The apprentice learning a trade is taught by a skilled journeyman. Apprenticeship programs, which generally take three years to four years to complete, are established in 925 occupations in North Carolina. Wages usually begin at about half the journeyman rate, but never below minimum wage, and rise as the apprentice progresses through the program, gaining skill and competence. Data for the bureau are reported for the state fiscal year ( July 1 through June 30). Highlights From Fiscal Year 2008 • The total number of new registrations in FY 2008 was 5,598. • The number of completions from the apprenticeship program in FY 2008 was 3,959. ( See Figure 1.) Figure 1 Apprentices Completed and New Registrations, FY 2000 Through FY 2008 • The total number served during FY 2008 was 16,929. • Overall completion rate from July 2000 through June 2008 was 71 percent of apprentices completing requirements of both on- the- job training and classroom related instruction training. 5 N. C. Department of Labor 2008 Annual Report 2008 Annual Report ! ! ! ! ! ! ! ! " ! • The overall average completion wage rate for 8,000- hour completers in FY 2008 was $ 17.96. • Veterans in registered apprenticeship programs have received more than $ 7 million in GI Bill bene-fits to date. • A demonstration power lineman’s rodeo was held in June 2008. • The bureau is developing a new Web- based computer application with more updated features to assist in registration and to allow sponsors to enter their data for registration information online. Statewide Program Development Statewide programs are more efficient in terms of establishing standards, servicing and being more effi-cient for sponsors to operate. Working with other state agencies, business and industry, a number of new statewide programs were either in development or established in FY 2008. These initiatives include: • Time Warner Cable registered 312 apprentices in a pilot program for the occupation of broadband technician. The pilot program was very successful, and Time Warner Cable will now roll out the apprenticeship program statewide. Plans are in place for the company to register 700– 800 apprentices in the occupation. • Apprenticeship staff worked with the N. C. Optometric Association to develop a statewide program for the new occupation of paraoptometric technician. Most of the tasks and competencies have been identified for the position. Next steps will be to obtain acceptance from the association and approval on the new occupation. Apprenticeship is an earn- while- you- learn opportunity. Apprentices receive a progressive wage rate through the term of apprenticeship. Table 1 shows hourly wage at completion for apprentices. Table 1 Hourly Wage at Completion for Apprentices Term Length Completion Wage Rate 5 Years ( 10,000 hours) $ 21.00 4 Years ( 8,000 hours) $ 17.96 3 Years ( 6,000 hours) $ 14.47 2 Years ( 4,000 hours) $ 15.33 1 Year ( 2,000 hours) $ 13.29 State Approving Agency ( SAA) for the Veterans Administration The Apprenticeship and Training Bureau contracted with the Veterans Administration in October 2004 to become the State Approving Agency for GI Bill benefits to eligible veterans training in OJT and apprenticeship. During FY 2008, the bureau approved 32 new apprenticeship programs and four new OJT programs. The bureau has submitted 65 new occupations to the VA for approval. During FY 2008, the bureau registered 432 apprentices who are potentially eligible for GI Bill benefits. Eligible veterans in North Carolina have received more than $ 7 million in GI Bill benefits through appren-ticeship and on- the- job training. These benefits are tax- free dollars that go directly to the veterans through their participation in apprenticeship training programs. A VA Handbook has been developed to assist sponsors in the process required to obtain VA approval and to provide completed examples of forms that need to be submitted to VA for the veteran to apply for ben-efits. This handbook is available online and in hard copy. 6 Standards and Inspections Division Employer Toolkit The bureau developed an employer toolkit to provide information online to potential employers regarding the benefits of the program and how to register a program. Employers, especially new sponsors and poten-tial new sponsors, continued to use the toolkit during FY 2008 to guide them on how to begin an appren-ticeship program. The toolkit is available online and in hard copy. Occupational Course of Study The Apprenticeship and Training Bureau continues to provide recognition of training for students partici-pating in the Occupational Course of Study, which provides those students a credential for the skill set work- based training received. This recognition of training certificates continues to be issued each year upon request from the sponsoring school system. Incarcerated Apprentices According to the N. C. Department of Correction, one of the most important factors affecting the success of ex- offenders is their ability to get hired and hold a steady job. An ex- offender who is gainfully employed is three times less likely to commit another crime. Statewide efforts are underway through a joint partner-ship between the N. C. Department of Correction and N. C. Department of Labor to enhance and grow this opportunity in those facilities involved with apprenticeship or on- the- job training. Developing a program for inmates who are receiving training in apprenticeship occupations continues to grow as the need to pro-vide this type of training and credential becomes more apparent. To date, the bureau has registered 1,183 inmates in 16 different facilities. Out of the inmate apprentices registered, 428 have completed, 548 have cancelled out of the program before completing all requirements, and 207 are still active. Statewide meetings and planning sessions are occurring at this time to roll out a statewide initiative in many of the correction facilities. The goal of this program is to bridge the gap from incarceration to employment and provide credentialing of skills obtained while incarcerated that would provide job oppor-tunities upon release. The Inmate Construction Program is operated by the Department of Correction’s Central Engineering and Divisions of Prisons in conjunction with the N. C. Department of Labor. Inmates in the construction pro-gram can work toward apprenticeship certification while working and training on major construction proj-ects within the prison system. The program is also supported by The N. C. Association of General Contractors. Apprentices recently assisted in completion of a 1,500- bed prison facility in Tabor City. Construction Apprenticeship Contests at the N. C. State Fair Apprenticeship contests in bricklaying, electrician, carpenter, plumbing and HV/ AC- R were held at the N. C. State Fair. Registered apprentices from across the state competed with other apprentices in the con-tests. Each contest has an apprenticeship committee that is made up of apprenticeship sponsors who assist in the development of the contests and assist in recruiting other sponsors to participate along with recruit-ing the materials needed for the contests. In addition, the bureau helped put on a demonstration project for a Lineman’s Rodeo, which was held in June at the State Fairgrounds during the Spring Festival. The Lineman’s Rodeo showcased the occupation and helped recruit new employees to the trade. Those participating were individual lineman apprentices and teams of linemen doing specific electrical powerline work, a pole top rescue and a live- line electrical demonstration. 7 N. C. Department of Labor 2008 Annual Report Boiler Safety Bureau During state fiscal year 2008, the Boiler Safety Bureau employed 14 field inspectors, two field supervisors, two administrative staff, two senior staff, and four administrative personnel to support more than 50,000 inspections. State inspectors, along with 11 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. Highlights From Fiscal Year 2008 • 50,286 items of pressure equipment were inspected. • 1,499 violations were identified. • 4,899 new items were inspected. • The combined state and insurance backlog was 1.07 percent at the end of the year. The combined per-centage never went over 1.35 percent during the entire year. • Deployed personal digital assistants ( PDAs). Programs Periodic inspection continues to be the primary focus of the Boiler Safety Bureau. The bureau also pro-vides education and promotes voluntary safety. The bureau’s inspection program for boilers and pressure vessels covers a wide array of businesses and industries. State inspectors and inspectors from 11 separate insurance companies conducted 3,480 internal inspections and 46,806 external inspections. This totals 8 Standards and Inspections Division The linemen from Pike Electric stand in front of the “ live line” demonstration vehicle at the Lineman’s Rodeo at the N. C. State Fairgrounds, June 7, 2008. Pike designed the vehicle to use as a training tool for its employees and as an educational tool in demonstrations. The Apprenticeship and Training Bureau teamed with Pike and the N. C. Electric Membership Corp. in sponsoring the event. 50,286 items of pressure- retaining equipment inspected during the fiscal year. Table 2 shows the number of inspections and violations for FY 2004 through FY 2008. Table 2 Number of Inspections and Violations, FY 2004 Through FY 2008 Fiscal Year Number of Inspections Number of Violations 2004 54,061 1,958 2005 52,069 1,916 2006 52,061 1,699 2007 50,537 1,714 2008 50,286 1,499 During FY 2008, the Boiler Safety Bureau issued a personal digital assistant ( PDA) to each state inspec-tor to allow him or her to enter inspections in the field as soon as they are completed. Before PDAs, inspectors would write inspection results down on paper report forms and then type that data into the computer later, once they had returned to their office. Not only does this require a lot of printing and paper forms, but it obviously duplicates effort and allows for the loss of data or the introduction of errors. The PDA quickly captures data as soon as it is generated and then seamlessly uploads that data to the server later. It’s much simpler and more efficient. Elevator and Amusement Device Bureau The Elevator and Amusement Device Bureau is responsible for the proper installation and safe opera-tion of all elevators, escalators, workman’s hoists, dumbwaiters, moving walks, aerial passenger tramways, amusement rides, incline railways, and lifting devices for persons with disabilities that oper-ate in public establishments ( except federal buildings) and private places of employment. 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 annual inspections of inflatable devices and rock walls are from March to March. The bureau was responsible for making 20,268 rou-tine and new elevator inspections as well as 6,131 amusement devices at 1,185 locations in state fiscal year 2008. The bureau consists of 32 field inspectors and three field supervisors as well as four administrative staff, the assistant chief and the bureau chief. The Elevator and Amusement Device Bureau is a receipt- support-ed bureau; the fees collected pay for the operation of the bureau and the salaries of the bureau staff. Highlights From Fiscal Year 2008 • In the past three fiscal years, applications for new elevators have increased 22 percent while applica-tions for alterations and repairs have increased 2.8 percent. • A total of 19,180 routine elevator inspections and 1,088 new elevator inspections were completed in FY 2008. • The bureau inspected 6,131 amusement devices at 1,185 locations during state fiscal year 2008. • The total number of accident investigations in FY 2008 decreased 6.7 percent compared to FY 2006. This percentage is over a three- year comparison. Out of the millions of people that ride or use the devices that are regulated by this bureau each year, there were only 42 incidents of which 13 were reportable because they required treatment, other than first aid, from a physician. Of the 13 reportable accidents, five were due to mechanical error, and eight were due to patron error. 9 N. C. Department of Labor 2008 Annual Report Elevator Inspections Inspections of elevators, dumbwaiters, escalators and handicapped lifts consist of routine inspections of existing devices and new inspections. As shown in Figure 2, the number of routine inspections has increased during the last three fiscal years. The number of new inspections decreased. Figure 2 Routine Inspections and New Inspections, FY 2006 Through FY 2008 Amusement Device Inspections Amusement device inspections consist of mechanical rides, inflatable rides, go- karts, rock- climbing walls, etc. Tramways and ski lifts are also included in this inspection category. While mechanical rides at perma-nent parks, such as Carowinds, are inspected once annually, mechanical rides with traveling amusement companies are inspected every time they are set up for opera-tion 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 3 indicates the total number of amusement devices inspected in FY 2006 through FY 2008. The number of indi-vidual amusement rides inspected increased 8.4 percent from FY 2007 to FY 2008. Rider Safety Program The Elevator and Amusement Device Bureau continued the Rider Safety Program again in 2007 and 2008 with the theme of “ Measure Up to Safety.” The bureau developed banners to allow the participating fairs to hang up and measure the children at their fair. Along with the banners, the bureau made stickers for the people measuring the children so they could write their height in inches on the sticker. Also, the bureau had buttons made for the 10 Standards and Inspections Division # $ $ The bureau distributed “ Measure Up to Safety” banners for amusement ride companies to display. ride operators to wear during the fair season. The purpose of measuring height of the children is that various amusement devices are manufactured with specific height requirements to afford the maximum in safety. It also decreases the probability of a child becoming displaced while the ride is in operation. In partnership with the North Carolina Fair Association, the bureau distributed safety stickers at their local fairs, distributed safety buttons to rider operators as well as posted large signs with 11 safety tips. In addi-tion, the bureau conducted safety meetings with the ride operators of each amusement company playing one or more fairs in 2008. Each operator was given information about what ride operators should know about their rides and specific information about their personal safety and that of the riding public. Figure 3 Number of Rides Inspected, FY 2006 Through FY 2008 Accident or Incident Investigations Accident investigations are conducted according to N. C. General Statutes § 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: ( 1) The occurrence results in death or injury requiring medical treatment, other than first aid, by a physi-cian. 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 11 N. C. Department of Labor 2008 Annual Report # $ ( 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 3 reflects, the total number of accident investigations in FY 2008 decreased 7.1 percent compared to FY 2006. This can be attributed to the bureau’s increased training for inspectors as well as increased education through the bureau’s annual industry meetings. During FY 2006, each inspector was issued for the first time an acci-dent investigation kit containing all the tools necessary for conducting a thorough investigation. Table 3 Number of Elevator and Amusement Device Accidents, FY 2006 Through FY 2008 Year Elevators and Related Equipment Amusement Rides Total Patron Mechanical Reportable Non- Total Patron Mechanical Reportable Non- Error Error Reportable Error Error Reportable FY 2006 36 32 4 9 27 9 9 0 6 3 FY 2007 29 20 9 10 19 12 7 5 6 6 FY 2008 30 25 5 7 23 12 9 3 6 6 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 incorpo-rated whistleblower protections from the Wage and Hour and the Occupational Safety and Health acts. Additional provisions began to protect workers’ compensation claimants, hemoglobin C and sickle cell carriers, and those subject to genetic testing, National Guard service and involvement in the juvenile jus-tice 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. 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 2008, the percent of complaints based on workers’ compensation claims remained at 67 percent, those based on safety and health concerns decreased to 15 percent, while those based on wage and hour matters increased to 17 percent. In FY 2008, the bureau received 673 complaints. See Figure 4. The emphasis on early resolution and settlement of complaints was again a major factor in the bureau’s operations. The bureau continued to contact both the complainant ( employee) and the respondent ( employer) within 15 days of receiving the complaint. EDB continued to intervene early in the investigation process, bringing the com-plaint to a quicker conclusion. The bureau was able to settle 14.3 percent of the 756 cases closed in FY 2008. See Figure 5. 12 Standards and Inspections Division Figure 4 Employment Discrimination Complaints Received and Completed, FY 2006 Through FY 2008 Figure 5 Percentage of Closed Cases Settled, FY 2005 Through FY 2008 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. Currently, the bureau administers laws concerning the opera-tion and inspection of mines and quarries. Bureau staff consists of a bureau chief, an office assistant, and six mine safety and health field representatives. All mine safety and health field representatives are assigned a specific territory. 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. Instructor fundamentals, 13 N. C. Department of Labor 2008 Annual Report % explosives safety, health and safety laws, and supervisory training are offered through Mine and Quarry Bureau’s seminars and institutes. See Table 4. Table 4 Mine and Quarry Training and Inspection Activities, FY 2005 Through FY 2008 2005 2006 2007 2008 Number of Mine Safety and Health Instructors Trained ( Number of Sessions) 43 ( 3) 20 ( 3) 27 ( 2) 56 ( 4) Number of people trained in Explosives Safety ( Number of Sessions) 172 ( 8) 0 ( 0) 66 ( 2) 139 ( 3) Total Number of Inspections and Evaluations Conducted 501 485 464 527 Number of Miners and Contractors Trained 6,851 7,891 7,856 8,895 Highlights From Fiscal Year 2008 • Unimin/ Crystal plant was assessed in March 2007 and was awarded the Mining Star flag on Oct. 31, 2007. Harrison’s Inc., Waynesville Quarry, was assessed in September 2007 and awarded the Mining Star flag on Feb. 8, 2008. Harrison’s Inc. became the first crushed stone operation to receive the Mining Star Award. • Received 1st place award from the U. S. Depart-ment of Labor’s Mine Safety and Health Administration for the bureau’s program on “ N. C. Mine Safety and Health Law School” for Public/ Printed Material category. • Conducted 31st N. C. Mine Safety and Health Conference with the theme of “ Safety— Good as Gold” in Concord. • Conducted 527 inspections and evaluations of active and abandoned mines. • Increased the number of miners and contractors trained to 8,895 compared to 7,856 in 2007. • Conducted 525 on- site education and training pro-grams throughout North Carolina. 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. 14 Standards and Inspections Division Jim Spigner, right, of the Mine and Quarry Bureau accepts a certificate from Assistant Secretary Richard Stickler of the USDOL Mine Safety and Health Administration. The bureau’s “ N. C. Mine Safety and Health Law School” placed 1st in MSHA’s printed train-ing materials competition. The bureau issues youth employment certificates to preserve young workers’ rights. The bureau also enforces the statutes that regulate the licensure and reporting requirements of private personnel service and job listing service agencies, payment of furnishing any records as part of the hiring process, and the Controlled Substance Examination Regulation Act. The bureau is also responsible for the department’s toll- free telephone system. Bureau staff consists of two administrators, three supervisors, 20 investigators, five information specialists and two program assistants. Highlights From Fiscal Year 2008 • Answered 91 percent of all calls placed to the call center ( 1- 800- LABOR- NC) on the first attempt. • Closed 59.1 percent of investigations within 90 days of complaint receipt; 81.5 percent of those inves-tigations were closed within 120 days of receipt. • Concluded 63.8 percent of investigations based on factual evidence obtained from one or both parties. • Recovered wages in the amount of $ 304,556 for 392 complainants based on investigative findings of fact; recovered an additional $ 330,861 for 605 complainants prior to any investigative determination. • Total wages recovered at the investigator level without litigation expenses were $ 879,756; an addi-tional $ 713,000 was recovered through installments, litigation and settlements. • Conducted 1,005 presentations and technical assistance visits with employers; conducted four joint federal- state labor law seminars throughout the state. Call Center The bureau’s call center is manned by five highly motivated and trained individuals who listen to cus-tomers and respond in one of several manners: ( 1) they provide information relative to the concern, ( 2) they refer callers to appropriate agencies for matters not within the jurisdiction of the bureau, and ( 3) they enter complaint information directly into the case assignment and tracking database for electronic assignment to an investigator. Since these individuals are often the first contact that customers have with the department or bureau, they pride themselves on providing excellent customer service and making a positive first impression. Call centers are often characterized as “ high volume” centers, and the numbers in Table 5 certainly speaks to this; however, an equally important measure by industry standard is the percentage of calls answered on the first attempt. The service level line in Table 5 indicates that the call center has exceeded the 90 percent industry standard each year since FY 2003. Additionally, the bureau’s capability to provide services to the ever- growing Hispanic population increased with the recruitment of two bilingual members of the bureau’s call center and the hiring of three investigators who also speak Spanish. Table 5 Wage and Hour Call Center Activity, FY 2002 Through FY 2008 Fiscal Year Calls Received Calls Answered Percent Answered 2002 116,698 102,177 89.3 2003 103,695 97,975 94.2 2004 83,023 78,448 94.5 2005 98,486 93,344 94.8 2006 97,351 88,862 91.3 2007 96,881 91,312 94.3 2008 103,159 93,451 90.6 15 N. C. Department of Labor 2008 Annual Report Wage and Hour Investigations Although the majority of investigations conducted by the bureau are based on customer complaints, the bureau also conducts non- complaint investigations and industry- specific investigations to determine compli-ance with assigned laws. Despite a high turnover in investigative staff during the year, Table 6 compares the bureau’s performance with the previous year. The number of investigations opened this year increased 23.3 percent, and the number of investigations closed increased 8.8 percent. These numbers represent the third highest number of cases opened and the second highest number of cases closed over an eight- year period. From the complainants’ perspective, the most important aspect of the bureau’s job is the recovery of unpaid wages. In that regard, the Wage and Hour staff continues to provide excellent assistance as can be seen in Figure 6. Even though the bureau concentrated during this year on “ promised wage” complaint investiga-tions, it still managed to recover about $ 900,000 for the citizens of the state without litigation expenses. Figure 6 Wage Assessments and Collections, FY 2003 Through FY 2008 16 Standards and Inspections Division & & Table 6 Wage and Hour Investigations Opened and Investigations Closed, FY 2001 Through FY 2008 Fiscal Year Investigations Opened Investigations Closed 2001 6,493 6,198 2002 5,218 5,281 2003 4,556 4,684 2004 4,971 4,890 2005 5,537 5,384 2006 6,425 5,331 2007 4,974 5,588 2008 6,133 6,077 Youth Employment Certificates Timely review of youth employment certificates issued continues to be a key element in efforts to protect young workers. YEC Auto, the online certificate issuance process, allows for next- day review of certifi-cates issued; employers can be contacted immediately regarding job occupations that are not age appropriate for young workers. During this year, the on- line program accounted for 55 percent of all certificates issued. The program has been used in all 100 counties; however, the bureau continues to fine- tune the process in an effort to have this system become the only avenue for issuance of youth employment certificates. Figure 7 indicates the number of certificates issued for the past eight years. Figure 7 Youth Employment Certificates Issued, FY 2001 Through FY 2008 17 N. C. Department of Labor 2008 Annual Report YEC YEC Obtained Online More than 90 percent of 6,133 complaints received by the bureau in FY 2008 related to “ failure to pay” wages or benefits based on employer promises ( e. g., vacation, bonuses, holiday pay or commissions not required by state or federal wage and hour laws). Youth employment complaints account for less than 1 percent of the total complaints received during FY 2008. Figure 8 shows that 45.9 percent of all youth employment complaints received this year alleged the employer’s failure to obtain a Youth Employment Certificate prior to the first day of work. Figure 9 shows the types of complaints received by the bureau during FY 2008. Voluntary Compliance The bureau implemented a very aggressive technical assistance visit posture early in the year and responded to all requests for training and outreach. The bureau increased the number of education events from 839 in FY 2007 to 847 in 2008. The number of people trained in these events increased from 2,389 in FY 2007 to 3,307 in FY 2008. The need to reduce the inventory and handle other investigations within the statute of limitations periods required the bureau to drastically reduce its joint training seminars and to limit partner-ship initiatives. The bureau still believes strongly that education is a cornerstone to an effective voluntary compliance program and will increase activity in this area as resources permit. Figure 8 Youth Employment Complaints Received in FY 2008 18 Standards and Inspections Division ! " ! # $ % & ! ' ( ) * # $ * ! + ! , # - . ! / ! # $ 0 ! 1 * # $ 2 # 3 ! 4 # $ 5 3 " ! # $ 19 N. C. Department of Labor 2008 Annual Report Figure 9 Types of Wage and Hour Complaints Received in FY 2008 & ( ) * # & + % , # - ' ) , . # / , 0 * ( ) 20 Occupational Safety and Health Division The Occupational Safety and Health Division comprises five bureaus of the N. C. Department of Labor: Agricultural Safety and Health; Compliance; Consultative Services; Education, Training and Technical Assistance; and Planning, Statistics and Information Management. Statistical Highlights for 2008 Agricultural Safety and Health Bureau • The ASH Bureau completed 1,338 preoccupancy housing inspections of migrant farmworker hous-ing and issued certificates to 1,209 sites. • The bureau conducted outreach and training sessions for 1,400 migrant farmworkers. The key focus of outreach and training was the prevention of heat stroke and heat stress. • The bureau issued 176 citations, with total penalties amounting to $ 104,625. Compliance Bureau • Compliance conducted 3,477 safety inspections and 1,682 health inspections, for a total of 5,159 compliance inspections. • The total included 2,444 construction inspections, 1,449 occurring in Construction Special Emphasis Program counties. Consultative Services Bureau • The bureau conducted 774 safety visits and 384 health visits, for a total of 1,158 total consultative visits. • Hazards identified and eliminated as a result of consultative visits totaled 7,074. Of these, 5,465 were serious hazards, and 1,609 were other- than- serious hazards. • The Safety Awards Program celebrated its 62nd year awarding 1,972 Gold Awards, 358 Silver Awards and 102 Million- Hour Safety Awards, for a total of 2,432 awards distributed in FY 2008. • The bureau recognized 17 new Star sites and recertified 27 Star sites. There were 113 companies in the Star Program at the end of FY 2008. Education, Training and Technical Assistance Bureau • The ETTA Bureau conducted more than 200 courses, forums and workshops, providing training for more than 15,500 employers and employees. • The bureau distributed 69,504 hard copy publications in FY 2008. • The bureau also answered 4,590 inquiries for standards interpretation. Planning, Statistics and Information Management Bureau • Collection of OSHA Data Initiative ( ODI) data for calendar year 2007 officially concluded in October 2008 with a 98 percent response rate and a 99 percent clean rate. • Received 662 disclosure requests in FY 2008 and processed 533 requests. Occupational Safety and Health Division 21 N. C. Department of Labor 2008 Annual Report Agricultural Safety and Health Bureau Inspection Effort In 2008, the Agricultural Safety and Health Bureau completed 1,338 preoccupancy housing inspections of migrant farmworker housing and issued certificates to 1,209 sites. Gold Star Growers The 14th Annual Gold Star recognition programs were held in Clinton and King. Eighty- one Double Gold Star Growers and 76 single Gold Star growers were invited. Growers received Gold Star designation because they were in full compliance at the time of their preoccupancy inspection, had registered 45 days prior to occupancy, had requested water and septic checks from the local health department, and had demonstrated a willingness to continually improve workplace safety and health conditions. Double Gold Star Growers are eligible to conduct their own housing inspection for one year if they attend the luncheon and comply with registration and rules involving water and septic sanitation. Compliance ASH inspectors conducted 55 compliance inspections in calendar year 2008. These inspections included two accidents, five complaints, 36 referrals, two unprogrammed related and 10 programmed inspections that focused primarily on field sanitation compliance. The bureau issued 176 citations. During this period, 35 percent of the inspections resulted in no citations. Total penalties for citations issued amounted to $ 104,625. In addition, a number of unregistered, uncertified camps were discovered and inspected. Formal Training and Outreach Prevention of heat stress, heat stroke was a focus of outreach education in 2008. During the summer, ASH conducted outreach and training sessions for 1,400 migrant farmworkers. Training included prevention of heat stress, heat stroke, DOL housing regulations, ergonomics and safe driving. The Guía, a bilingual Guide to Agricultural Safety and Health, was produced in June 2007 and has been distributed to more than 1,000 farmers and more than 2,000 farmworkers. Two issues of the ASH news bulletin, The Cultivator, were produced in calen-dar year 2008. One highlighted the ways to avoid heat stress. The other focused on the recognition and pre-vention of green tobacco sickness. The Hazard Communication Standard as it applies to agriculture was also discussed. A summer intern created and conducted a survey of 109 regis-tered growers concerning their use of training materials. The responses to this survey will assist ASH in improving outreach efforts to farm-ers and farmworkers. Rob Segovia- Welsh of the ASH Bureau ( standing, far left) con-ducts a training session on heat stress for workers at Zelenka Nursery in Wilson County. Inspector/ Staff Training Inspectors attended several week- long compliance courses throughout the year. ASH employees conducted internal training for OSH compliance officers and training for a number of organizations. In 2007, the N. C. Legislature committed funding for two additional inspectors, and at the beginning of calendar year 2008, ASH was staffed with seven inspectors, two office staff members and the bureau chief. Workplace Training DVD Completed The bureau completed a DVD on the prevention of agricultural injuries in 2008. The DVD consists of four segments: forklift safety, the prevention of heat stress/ stroke, safety around tobacco balers, and safety around tobacco harvesters. Each segment is about 10 minutes long, and each was filmed on North Carolina farms. The DVD is in Spanish with English subtitles. It was mailed to all registered growers and to other interested parties. Partnerships, Associations and Collaborations With Groups The ASH Bureau continues to strengthen partnerships and associations with other groups such as the Sampson County Southeast Safety Alliance, cooperative extension agents and rural health professionals. ASH personnel conducted training at the Blueberry Council meeting, the Strawberry Council meeting, N. C. State University, the training clinic of the N. C. Office of Rural Health, and a number of other grower organizational meetings during 2008. Compliance Bureau Occupational Safety and Health ( OSH) Compliance ensures compliance with 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 techni-cal 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 employ-ers; measures, analyzes 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 compli-ance 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 2008 compliance activities included: • 5,159 compliance inspections ( See Figure 10.) • 3,477 safety inspections • 1,682 health inspections • 2,444 construction inspections • 5,290 serious hazards abated • 1,813 employer safety and health program improvements • 67 inspections associated with the Tree Felling Special Emphasis Program • 1,449 inspections in the Construction Special Emphasis Program counties • 103 inspections in long- term care facilities • 223 inspections associated with the health hazards exposure special emphasis program • 198 site- specific targeting special emphasis- related inspections ( specific employers with high injury/ illness rates) 22 Occupational Safety and Health Division • 224 inspections associated with Public Sector Special Emphasis Program • 462 compliance interventions ( includes speeches, training programs and program assistance) • 133 accident investigations • 775 complaint inspections • 420 safety and health referrals inspections/ investigations • 1,056 informal conferences associated with compliance inspection activity Figure 10 Number of Compliance Inspections, FY 2000 Through FY 2008 OSH Compliance delivers quality service in an effective and efficient manner. OSH Compliance conducts inspections and accident investigations to ensure employees are provided with safe and healthful work-places. In addition, OSH Compliance provides technical assistance and outreach training to as many employers and employees as resources will permit. Finally, OSH Compliance provides resources to the Star recognition program. The Star Program is designed to recognize and promote effective safety and health management programs. Several tools, in addition to the statewide loss workday incidence and illness rates, are used to monitor inspection quality and operational efficiency. Figure 11 presents the occupational injury and illness rate for the public and private sector in North Carolina for calendar years 2000 through 2007. 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. Additional significant activities that occurred in OSH Compliance or involved OSH Compliance participa-tion during FY 2008 include the following: • The new Raleigh Convention Center was completed in the fall of 2008 ending a successful three- year site partnership. This $ 192 million dollar project involved more than 130 subcontractors and 3,500 workers. OSH Compliance in conjunction with Consultation and ETTA conducted quarterly walk-throughs of the site and were in continual contact with site management regarding site safety and health. Only one lost work- time accident was recorded for the duration of the project. 23 N. C. Department of Labor 2008 Annual Report Figure 11 Occupational Injury and Illness Rate for North Carolina, Public and Private Sectors, Calendar Years 2000 Through 2007 • Compliance personnel continued partici-pation in the Integrated Management Information System ( IMIS) redesign proj-ect with OSHA. This is a software and hardware redesign that will be implement-ed nationwide in 2010. The new system will serve as the main database collection and retrieval system for all OSH pro-grams. North Carolina is one of only two state plan states participating in the pilot project for this new system. • OSH Compliance’s quality program resulted in numerous improvements to operating procedures and policies. The Field Operations Manual ( FOM), numer-ous Operational Procedure Notices, and other policies and procedures were modi-fied in an effort to continually improve the process, service and end product of the Compliance group. All action requests submitted were reviewed by management, and actions and responses were provid-ed to those that submitted the requests. • OSH Compliance continued its homeland security and emergency preparedness efforts through involvement with Local Emergency Planning Committees ( LEPCs), the State Emergency Response Commission, and federal agencies. In FY 2008, a tabletop exercise to test the department’s continu-ity of operations plan was conducted. • In the spring of 2008, OSH Compliance participated in the Department of State’s International Visitor Leadership program. OSH Compliance management met with an Economic Advisor for the European Commission. The purpose of the meeting was for the European Commission to gain insight into how safety and health standards are regulated in the United States and also within different states and even cities. • A memorandum of agreement ( MOA) was signed between the Occupational Safety and Health Division and the N. C. Department of Environment and Natural Resources, Division of 24 Occupational Safety and Health Division The new Raleigh Convention Center was completed in the fall of 2008, ending a successful three- year site partnership between the contractors and NCDOL. Environmental Health, Radiation Protection Section ( RPS). The MOA establishes a basis for the working relationship between the two agencies regarding compliance matters. Under the agree-ment, RPS will be the primary inspection agency for sources of ionizing radiation. NCDOL will be the primary inspection agency for sources of non- ionizing radiation with the exception of tanning units. There are also provisions in the agreement for processing referrals and the joint inspections of facilities. The agreement encourages the sharing of technical and professional assistance and the development of training programs. The OSH Division recently submitted a new five- year strategic management plan to federal OSHA as part of the grant application process. The major change in the new plan is the addition of food manufacturing as an area of emphasis. Hexavalent chromium has also replaced styrene as an area of emphasis for expo-sures to health hazards. 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 2008. The bureau conducted 1,158 total consulta-tive visits. ( See Table 7.) • 774 ( 67 percent) safety visits; 384 ( 33 percent) health visits. • 994 ( 86 percent) initial visits; 102 ( 9 percent) training/ assistance visits; 62 ( 5 percent) follow- up visits. • 967 ( 84 percent) private sector visits; 191( 16 percent) public sector visits. • 366 ( 32 percent) manufacturing visits; 322 ( 28 percent) construction visits; 279 ( 24 percent) other type visits; 191 ( 16 percent) public sector visits. • Hazards identified and eliminated as a result of consultative visits totaled 7,074. Of these, 5,465 ( 77 percent) were serious hazards, and 1,609 ( 23 percent) were other- than- serious hazards. In FY 2008 consultants also conducted 672 safety and health interventions, which included speeches, train-ing programs, program assistance, interpretations, conference/ seminars, outreach and other interventions. Table 7 Consultative Services Bureau Program, FY 2006 Through FY 2008 Comparisons FY 2006 FY 2007 FY 208 Total Visits by Category Safety 934 749 774 Health 302 389 384 Total 1,236 1,138 1,158 Total Visits by Type Initial 1,016 959 994 Training and Assistance 112 88 102 Follow- up 108 91 62 Total 1,236 1,138 1,158 Total Visits by Industry Type Manufacturing 382 291 366 Construction 346 306 322 Other 315 335 279 Public Sector 193 206 191 Total 1,236 1,138 1,158 25 N. C. Department of Labor 2008 Annual Report The Safety Awards Program celebrated its 62nd year with another successful season. The Gold Award was presented to 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. The Silver Award went to employer sites with a lost workday rate at least 50 percent below the state average. This year 30 safety award banquets were held— with a total of 3,400 in attendance. There were 1,972 Gold Awards, 358 Silver Awards, and 102 Million- Hour Safety Awards for a total of 2,432 annual safety awards distributed. North Carolina is still ranked No. 1 as a state plan state and is ranked second of all states that participate in the VPP/ Star Program. The recog-nition programs also enjoyed another year of growth and success. Seventeen new Star sites were recognized, 27 Star sites were recertified, and 64 first- time Star interventions were con-ducted. There are currently 113 companies in the Star Programs. The Recognition Programs, while managed by the Bureau of Consultative Services, continue to use resources provided by the Compliance Bureau for on- site evaluations, with Com-pliance and Education, Training and Technical Assistance helping to promote participation in the recognition programs. The bureau continues to reach small employers and encourage participation in the Safety and Health Achievement Recognition Program. In FY 2008 the bureau recognized 26 SHARP- related worksites, bringing the total to 73 SHARP- related worksites. Education, Training and Technical Assistance Bureau The Education, Training and Technical Assistance ( ETTA) Bureau continued to focus on increasing effi-ciency and effectiveness in providing outreach training to workers in high- risk industries and affirming its role in the areas of homeland security and emergency preparedness, as well as ensuring adherence to terms of agreement for partnerships and alliances. The work of the bureau included training, rulemaking, publi-cations, partnerships, alliances, homeland security and outreach. Training ETTA launched several new initiatives in FY 2008. The two most notable included the design and devel-opment of about 60 presentations on a variety of safety and health topics that will be made available to the public via the Internet in mid- 2009 and the design and development of an electronic certificate processing program that allows course attendees to receive their course certificates through their e- mail accounts. The bureau hosted multiple 30- and 10- hour general industry and construction awareness courses. These included two general industry 30- hour courses, seven general industry 10- hour courses, two construction industry 30- hour courses and nine construction industry 10- hour courses. Four of the construction 10- hour courses were delivered in Spanish. Nearly 100 percent of students who attended found the courses to be useful in the workplace. ETTA continued to offer a variety of training topics to the public via the Speaker’s Bureau, Web training and individual topic workshops hosted at the Charlotte, Raleigh and Winston- Salem Field Offices. The courses offered on the Web and through the field offices doubled during this past year. In addition, ETTA 26 Occupational Safety and Health Division Employees of Wyeth Biotech in Sanford display the Carolina Star flag after a ceremony at the plant. began offering training workshops at the Asheville Field Office to try and reach more businesses in the western part of the state. ETTA offered more than 200 courses, forums and workshops. The bureau also provided an exhibit at numerous health and safety as well as industrial conferences. The OSH Division provided training for 15,589 employers and employees during FY 2008. The Training Section continues to provide training to workers in high- risk industries such as construction, logging and agriculture at or near their worksites using the Labor One mobile training unit. Twenty train-ing events were hosted using Labor One. The training section continued to expand and improve its new outreach training calendar and newsletter. The training calendar is made available on the NCDOLWeb site while the newsletter was e- mailed to more than 7,000 employees/ employers twice during this reporting period. The calendar outlines course offerings and allows for on- line registration for all courses. The newsletter outlines the current training schedule and offers information with regard to a variety of NCDOL services. Rulemaking The Standards Section work plan included rule clarifying and specifying safety and training requirements for workers as well as review, evaluation and adoption of other OSHA standards. Final rules adopted dur-ing this year included: Updating OSHA standards based on National Consensus Standards for General Industry and the Employer Payment for Personal Protective Equipment Standard. Additionally, at least 16 Field Information System documents were reviewed by the standard’s section and approved for use or revised during this time including six federal compliance directives, including the new hexavalent chromium directive, five field operations manual chapters, and five operational procedure notices. ETTA, working with subcommittees and outside groups, also developed draft rules for public safety div-ing, medical records and cranes, all of which are currently moving through the rulemaking process with NCDOL Legal Affairs Division. Publications In FY 2008, the bureau distributed 69,504 hard copy publications in support of the division’s outreach and regulatory goals of the division. Comprising that number were Occupational Safety and Health Standards for the construction industry and for general industry that the division adopted and those that the division promulgated as state- specific standards; industry guides that were developed within the Standards Section of the ETTA Bureau; Quick Cards, many of which were adopted from the federal OSHA Quick Cards and revised/ developed in the Standards Section; and hazard alerts, which were sent to targeted industries that experienced accidents and/ or fatalities related to a specific hazard. See Figure 12. The Standards Section developed a new industry guide on construction jobsite safety and health as well as reviewed and/ or revised 10 existing industry guides. They also created 28 English and seven Spanish Quick Cards on a variety of topics. The bureau mailed seven targeted hazard alerts to industries with reference to such hazards as combustible dust, cranes and hexavalent chromium. The bureau also answered 4,590 inquiries for standards interpretation. Partnerships and Alliances The bureau oversees partnerships and alliances for the OSH Division that benefit North Carolina workers. The division had 14 active partnerships and alliances. This includes the signing of one new construction site partnership and the completion of one successful construction site partnership. No new alliances were estab-lished during the fiscal year, but several were in the planning stage. 27 N. C. Department of Labor 2008 Annual Report Figure 12 Distribution of OSH Publications, FY 2008 28 Occupational Safety and Health Division 6 ! 7 & ! 8 & ! 9 : # # $ 8 , ; , # < , # $ # ; , # = ! , ! , # $ < ! ; , # = ! , ! , # $ / $ Labor Commissioner Cherie Berry, center, joins others at a partnership signing ceremony at the NASCAR Hall of Fame building site in Charlotte. Planning, Statistics and Information Management Bureau The Planning, Statistics and Information Management ( PSIM) Bureau responds to statistical data requests and requests for the release of OSH Division investigative file documents. PSIM also gathers and analyzes injury and illness data by conducting two annual surveys, the Public Sector Survey and the OSHA Data Initiative Survey. Data are also gathered and analyzed to publish the OSH Division’s Annual Comparison Report. The bureau archives all OSH Compliance investigative files. The PSIM Bureau maintains the OSH Division’s private and public sector employer database, the inspection targeting system, and statistical data related to workplace fatalities and in support of the OSH Division’s Strategic Plan. • Completed the Public Sector Survey ( collection of calendar year 2007 injury and illness data) of 3,166 employers with a 99.7 percent response rate and a 100 percent clean rate. Nine nonresponders were referred to the Compliance Bureau. As of the end of FY 2008, all surveys were collected. • Completed an analysis of data collected from the 2004, 2005 and 2006 Public Sector Surveys, result-ing in updated established target rates for employer specific categories. • Worked in conjunction with Education, Training and Technical Assistance Bureau, Compliance Bureau, and Legal Affairs Division staff to update and revise Field Operations Manual Chapters 2, 3, 5, 6, 8, 9, 11, 13 and 16. PSIM staff also updated Operational Procedure Notices 124Q and 128G. • PSIM bureau chief participated as a member of a four- person committee to draft the general rules and operational procedures for how the Occupational Safety and Health Division will obtain and main-tain medical records related to OSH inspection and file activities. • Analyzed public sector inspection activities for FY 2005, 2006 and 2007. • Analyzed private sector site specific inspection activities for FY 2003– 2007. • Analyzed construction inspection activities for FY 2007. • Completed FY 2007 Fatalities Comparison Report ( OFIR Report) analysis. ( Figure 13 presents the fatality data for calendar years 2000 through 2008.) • Various targeting schedules were updated and assignments released: • Site Specific Targeting ( SST) Schedule • Public Sector Schedule ( Utilizing 2006 Survey Data) • General Industry Schedules ( Safety and Health) • Agricultural Safety and Health ( ASH) Schedule • Wood Products Schedule ( NAICS Code 321 Only) • Health Hazards Schedules ( Asbestos, Lead, and Isocyanates) • Fatality Reinspection Schedule • Communication Tower Schedule • Continued refinement of an OSH private and public sector database to supplement the exclusive use of the Employment Security Commission ( ESC) database. • Revised the lead, asbestos, and isocyanates/ health hazards targeting schedules. • PSIM staff members continued as active Strategic Management Plan ( SMP) Committee members and participated in all SMP meetings, discussions, and activities, which were essential functions directly related to the success of OSH Strategic Plan goals. • Collection of OSHA Data Initiative ( ODI) data for calendar year 2007 officially concluded in October 2008 with a 98 percent response rate and a 99 percent clean rate. Three survey mailings and more than 950 phone calls were made to 3,169 survey participants resulting in only 66 nonresponders, which were referred to the Compliance Bureau. 29 N. C. Department of Labor 2008 Annual Report • The project of quality control review is continuing and ongoing for OSH inspection files that have been archived through the imaging process. • Received 662 disclosure requests in FY 2008 and processed 533 requests ( 476 from FY 2008 and 57 from previous years) during this fiscal year, which resulted in an 81percent response rate. Figure 13 Fatalities Included in the Occupational Fatality Investigation Review, Calendar Years 2000 Through 2008 30 Occupational Safety and Health Division 31 N. C. Department of Labor 2008 Annual Report The N. C. Department of Labor’s Administration Division comprises the Budget and Management Division; Communications Division, including the Library and Publications Bureau; Governmental Affairs; Human Resources Division; Information Technology Division; Legal Affairs Division; and Research and Policy Division, including the Individual Development Account Program. Statistical Highlights for 2008 Budget and Management Division • The annual budget for FY 2009 is $ 33,080,501. Revenue: $ 14,370,689. Appropriations: $ 18,709,812. Communications Division • Released 96 news releases and media advisories. • N. C. Labor Ledger database grew to 9,600 subscribers. • Publications Bureau produced more than 2.6 million impressions and processed more than 104,000 pieces of outgoing mail. • The NCDOL Library’s circulation of audiovisual materials totaled 4,165 items at an average of 347 per month. Governmental Affairs Division • The department received a recurring appropriation of $ 500,000 to provide funding for operational expenses in the Occupational Safety and Health Division. • The department received $ 51,392 to make two OSH positions 100 percent state- supported and an additional $ 350,000 to fund four worker safety positions in the OSH Division. • HB 2436 authorized the Elevator and Amusement Device Bureau to create two new receipt- supported field supervisor positions. Human Resources Division • 407 employees as of 12/ 31/ 08. Information Technology Division • The help desk answered more than 2,100 calls. • The division assisted in the purchase of 327 PCs and laptops. • The department’s Web site had more than 1.1 million hits. Legal Affairs Division • The division completed its handling of claims from former employees of Midway Airlines. • The division initiated rulemaking for the Boiler Safety Bureau and the Occupational Safety and Health Division. Research and Policy Division • 548 IDA account holders have saved an aggregate $ 1,805,991, acquired more than $ 1,096,000 in match-ing grant funds, and purchased an estimated $ 44,012,079 in assets since the beginning of the program. • Conducted the Survey of Occupational Injuries and Illnesses and the Census of Fatal Occupational Injuries. The 2007 SOII and CFOI are the lowest numbers on record for the state. Administration Division Administration Division 32 Budget and Management Division The Budget and Management Division is responsible for all fiscal- related areas of the agency. The division has 14 employees. Job responsibilities are separated into four categories: budget/ payroll/ accounts payable, purchasing, federal grant administration, and accounts receivable/ collections. Reporting is done on a fiscal year basis ( July 1 through June 30); therefore, the 2008– 09 figures reflect only the most current six months of data. Table 8 provides data from FY 2005 through the first half of FY 2009. Budget/ Accounts Payable/ Payroll and Purchasing Due to a concentrated effort to increase utilization of E- commerce and cost- controlling activities related to general economic downturns and state budgetary shortfalls, the division has seen a continued decrease in the number of checks issued. All N. C. Department of Labor employees, with the exception of some new employees for their first service month, are receiving their payments electronically. The division continues to meet its internal benchmarks by paying and/ or ordering items within five working days from receipt, thereby enabling the department to become more fiscally responsible and prudent with available resources. Table 8 Budget and Management Division Activities, FY 2005 Through FY 2009 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 Annual budget $ 27,903,592 $ 29,401,900 $ 30,009,525 $ 31,212,573 $ 33,080,501 Revenue $ 13,505,588 $ 14,480,684 $ 13,632,158 $ 13,920,958 $ 14,370,689 Appropriations $ 14,398,004 $ 14,921,216 $ 16,377,367 $ 17,291,615 $ 18,709,812 Average no. of checks written/ month 543 530 509 489 462 Average monthly expenses $ 2,330,364 $ 2,336,883 $ 2,357,893 $ 2,558,832 2,567,270 Percentage of invoices received/ paid within 5 days 98 98 98 99 99 Average number of purchase orders issued/ month 32 31 34 39 44 Monthly average value of purchase orders issued $ 114,895 $ 68,108 $ 51,872 $ 55,594 $ 87,041 Percentage of purchase orders issued within five days 100 100 100 100 100 Average monthly inspection fees and penalties collected $ 576,159 $ 604,365 $ 622,883 $ 684,099 $ 738,665 Average monthly caseload for collections 791 862 1,742 2,195 2,387 Accounts Receivable/ Collections The accounts receivable/ collections section is responsible for all revenue received by the department. Two bureaus are fully receipt supported, which makes it vital that all revenues are collected and deposited in a timely and accurate manner. In addition, assessed penalties are collected and distributed to local school sys-tems throughout the state in accordance with state law. The division took numerous actions throughout the year to increase the effectiveness of collection efforts. These include: • The “ reminder letter” for past- due elevator invoices that was created in 2007 by extracting information from invoices and by adding a section for credit card payment information continued to be useful in 2008. It has streamlined the process and enabled us to reduce postage and paper usage by one and one-third sheets of paper per invoice. ( There are about 500 reminder letters for past- due elevator invoices mailed each month.) • Also, in conjunction with the Elevator and Amusement Device Bureau, the division developed a “ Billing from Raleigh/ Budget” process that will go live in the early part of 2009. Instead of the com-pany paying from the Inspection Report/ Invoice for an elevator inspection that is left at the time of inspection, a “ Statement” will be generated by the Budget office once a week and will be mailed directly to the party responsible for payment. This should enable the payment to reach the Department of Labor much sooner than by going through various channels before payment is made. • The new collection process for past- due elevator invoices by incorporating reminder telephone calls after the reminder letter, and by the Elevator Bureau adding a “ pulling certificate letter” due to non- payment after the reminder telephone call that was put into place in 2007 continued to be quite valuable in 2008. • The percentage rate of invoices over 90 days remained much lower than before the process. Beginning 2009, past- due invoices will also be turned over to the N. C. Department of Justice as well as to a collection agency. • In the spring of 2008, the same reminder telephone call process was put into place for past- due boiler invoices once the invoice had been turned over for collection. As with the Elevator Bureau, the percentage rate of boiler invoices over 90 days has dropped considerably. • Another new procedure that was added to help collect past- due boiler invoices was the collection officer e- mailing a listing of those invoices not paid to the bureau chief, and their sending out penalty noti-fications for operating without a certificate. Once that was received, many companies have paid to keep from having to pay the higher penalty. If the fee and/ or penalty is not paid within the given time-frame, a judgment will be filed. Beginning 2009, invoices will also be turned over the NCDOJ and to a collection agency for collection. • To become more user- friendly and responsive to requests from the general public and from the NCDOL bureaus, a new payment option that was conceived in 2008 to be implemented in 2009, is to work with OSC to create and add a “ Store Front” on the NCDOL Web site to enable credit card payments. This too should also speed up the payment process for Boiler, Elevator, OSH/ ASH, and any other type of credit card payment. Communications Division The NCDOL Communications Division provides direct support and assistance in publications work, library services, 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, releases, news-letters, brochures, manuals and other publications. The division prepares speeches for NCDOL personnel, and the division’s publications staff prints workplace safety and other materials the department provides to the public, employers and employees. The division released 96 news releases and media advisories, including workplace fatalities, safety award winners, fair safety updates and other safety training events. The department’s newsletter, NC Labor Ledger, subscription base grew from about 8,100 subscribers at the end of 2007 to about 9,600 at the end of 2008. The division’s print shop provided more than 2.6 million impressions and sent 604 electronic items. The print shop staff also processed more than 104,000 pieces of outgoing mail. • News releases/ media advisories: 96 • Print impressions: 2,653,147 33 N. C. Department of Labor 2008 Annual Report Administration Division • Electronic forms: 604 • CDs copied: 180 • Outgoing mail pieces processed: 104,432 Library The Labor Library offers more than 11,800 volumes, including about 120 journal titles, more than 1,200 audiovisual items and numerous electronic resources on various labor- related topics. The library provides a comprehensive program of informational services for NCDOL employees, other state employees, other libraries, organizations and the general public. The library has a staff of two. The library staff responded to 2,676 telephone, fax and e- mail requests. The library acquired 47 new audiovisual volumes this year ( most of them also in Spanish). The audiovisual circulation totaled 4,165 audiovisual items at an average of 347 per month. The requests for information covered an interesting array of topics in 2008. Information requests included buried utility lines’ placement markers, hyperbaric chambers, automotive shops, cement burns, com-bustible dust, mold, skid steers, workplace violence, ergonomics, telecommunication towers, metal cast-ing, electrical stop switches, boilers, acid storage, strikes in Wilmington/ Morehead City ports during the 1970s, traffic safety, industrial hygiene, sexual harassment, wheel chocks, dump trucks, and the North Carolina unemployment rate during the Great Depression. The library also received requests for standards on fall protection, printing, hooks, forklifts, towers, pro-tective footwear, jacks, storage racks, automotive lifts, robotics, excavators, cranes, conveyors, compressed gases, piping, hoists, welding, ergonomics and ladders. Table 9 offers details of many of the library’s activ-ities from 2007 and 2008. Table 9 Library Statistics, 2007 and 2008 2008 Total 2008 Monthly Average 2007 Total Phone, E- mail and Fax Inquiries/ Requests 2,676 223 2,656 Audiovisual Loans 4,165 347 4,170 Reference Questions 685 57 655 Walk- in patrons 1,103 92 1,234 Governmental Affairs Division The General Assembly convened for the 2008 short session on Tuesday, May 13, 2008, and adjourned Friday, July 18, 2008. The Governmental Affairs Division continued following numerous bills that had been filed in 2007 and were still eligible for short session consideration, and also tracked many bills that were newly introduced in 2008. Following are highlights of legislative issues relevant to the N. C. Department of Labor. Budget HB 2436— Modify Appropriations Act of 2007 ( Reps. Michaux, Adams, Alexander and Crawford) From a budgetary perspective, 2008 proved to be the most successful out of the past 8 years. The Department of Labor received an additional appropriation of $ 901,392, bringing the department’s revised 34 budget to $ 17,496,343. The department received a recurring appropriation of $ 500,000 for operational expenses in the Occupational Safety and Health Division. The department also received $ 51,392 to make two OSH positions 100 percent state- supported and an additional $ 350,000 to fund four worker safety posi-tions. Finally, HB 2436 authorized the Elevator and Amusement Device Bureau to create two new receipt-supported field supervisor positions. Status: Ratified July 8, 2008 and signed by the governor July 16, 2008. Employee Pay Raises ( contained in HB 2436— Modify Appropriations Act of 2007) Permanent state employees received a pay raise of the greater of $ 1,100 or 2.75 percent, effective July 1, 2008. Status: Ratified July 8, 2008, and signed by the governor July 16, 2008. NCDOL Relevant Bills HB 446— LRC Study Contributory Negligence ( Reps. Faison, Harrison, Hall, and Goodwin) This legislation would authorize the Legislative Research Commission to study the doctrine of contributory negligence and consider whether it should continue to be applied in North Carolina’s courts. This is of sig-nificance to the department as it relates to a potential “ Rider Responsibility Act.” Individual members of the department’s Amusement Device Advisory Board as well as others in the amusement device industry have supported the concept of such an act, which would seek to limit the liability of amusement device owners in accident situations. The department has not taken a position at this time because no formal pro-posal has been presented for consideration. While specific “ Rider Responsibility” legislation has not been introduced, the liability issues contained in HB 446 have the potential to indirectly impact the amusement device industry. The bill received a favorable report in the House Judiciary III Committee and was re-referred to the House Rules Committee during the 2007 long session, and it remained there for the dura-tion of the 2008 short session. Status: At session’s end, the bill remained in the House Rules Committee with no action taken. HB 1113— State Tort Claims/ Public Duty Doctrine ( Reps. Glazier and Faison) Introduced March 27, 2007, HB 1113 would limit the use of the public duty doctrine as an affirmative defense for civil actions under the State Tort Claims Act. This legislation is of interest to NCDOL because it could potentially expose the department to liability in the event that an injury or fatality occurred in an environment in which the department has regulatory authority. The final version of the bill revised the language to provide that the public duty doctrine may be used if the injury was a result of the alleged negligent failure of an employee to perform a safety or health inspection. This revision would protect the department from claims involving establishments that have never been inspected, but not if the injury occurred after an inspection had occurred. While the department, particularly the general counsel, attempted to make concerns known to the legislative leadership, the bill eventually unanimously passed both the full House and Senate. Status: Ratified July 9, 2008, and signed by the governor Aug. 4, 2008. The legislation became effec-tive Oct. 1, 2008. HB 1818— Agricultural Family Protection Act ( Reps. Blue and Martin) Introduced April 18, 2007, HB 1818 would make several policy changes to the Migrant Housing Act related to requirements for shower heads and emergency contact information. The legislation would also add a protection under the Retaliatory Employment Discrimination Act related to complaints made under the pes-ticide regulation statutes. While the department was asked to participate in several discussions regarding 35 N. C. Department of Labor 2008 Annual Report Administration Division the content of the bill, it never received a committee hearing. It was referred to the House Committee on Agribusiness and Agricultural Economy where it remained for the entirety of the 2007– 2008 session. Status: At session’s end, the bill remained in the House Agribusiness and Agriculture Economy Committee. HB 2431— Studies Act of 2008 ( Reps. Martin, Glazier, McComas and Wainwright) Introduced May 21, 2008 as an Emergency Preparedness Study, this bill eventually became the vehicle for the 2008 Studies Act. Of the dozens of proposed studies included in the legislation, only one is of interest to the department. The Poverty Reduction and Economic Recovery Legislative Study Commission is tasked with “ studying and developing a coordinated, integrated approach to poverty reduction and economic recovery across the state,” and names the commissioner of labor as a nonvoting, ex- officio member. The study bill unanimously passed both the full House and Senate. Status: Ratified July 18, 2008, and signed by the governor Aug. 4, 2008. SB 847— Prevent Agricultural Pesticide Exposure ( Sen. Albertson) Introduced March 15, 2007, as Environmental Technical Corrections 2007, this bill eventually became entitled Prevent Agricultural Pesticide Exposure. The language in this bill partially reflects recommenda-tions made by the Governor’s Task Force on Preventing Agricultural Pesticide Exposure. The legislation adds agricultural workers who make complaints regarding pesticide use to the list of workers covered under the Retaliatory Employment Discrimination Act. The bill passed unanimously in the full House and Senate. Status: Ratified July 10, 2008, and signed by the governor Aug. 11, 2008. The legislation became effective Aug. 11, 2008. SB 963— City Firefighters/ Overtime Pay ( Sen. Atwater) Introduced March 19, 2007, this bill would create a new state law that mirrors a federal wage and hour law related to the calculation of overtime pay for members of a municipal fire department. The second version of this bill included a provision clarifying that the department would have enforcement authority only if the identical language in the Fair Labor Standards Act was overturned. This version of the bill passed the Senate with little opposition. In the House Commerce Committee, one final technical change was made, adjusting the effective date from Jan. 1, 2008, to when the federal regulation is repealed or no longer enforceable. This essentially puts into the N. C. General Statutes a law that is only enforceable if a federal law is overturned. This final version of the bill passed unanimously in the House and was concurred upon unanimously by the Senate. Status: Ratified July 17, 2008, and signed by the governor Aug. 2, 2008. SB 1206— Elevator Contractors and Mechanics Licensing ( Sen. Rand) Introduced March 21, 2007, this bill authorizes the department to establish licensure requirements, set fees and adopt rules for persons performing work as elevator contractors and mechanics. However, the legisla-tion would not apply to individuals who provide proof to the department that the person has been actively engaged in the business of an elevator contractor or mechanic in North Carolina for at least three years. The department has been involved in discussions regarding this legislation for several years and continues to actively oppose its passage. Upon introduction, the bill was referred to the Senate Committee on Rules and Operations where it remained for the duration of the 2007– 2008 session. Status: Referred to the Senate Committee on Rules and Operations with no action taken. 36 SB 2042— Migrant Farm Labor Housing Pilot Program ( Sen. Albertson) Introduced May 27, 2008, SB 2042 would create a pilot program to provide financing for the construction and improvement of migrant farm labor housing. This legislation is the result of a study by the N. C. Housing Finance Agency seeking to determine the feasibility of financing improvements to or construction of migrant housing. The study was a requirement of SB 1466— Migrant Housing Heath/ Study, which passed during the 2007 long session. This bill does not directly affect any functions of NCDOL, but the department has consistently opposed any legislation that would increase regulations on the farming com-munity. The bill’s language appears to indicate that farmers who exceed current standards would have an advantage, in terms of lower interest financing, over farmers who merely meet current standards. The bill was referred to Senate Appropriations where it remained for the duration of the short session. Status: Referred to the Senate Committee on Appropriations/ Base Budget with no action taken. SB 2104— Poultry Worker Protection/ Funds ( Sen. Clodfelter) Introduced May 27, 2008, this bill authorizes the state health director to inspect poultry plants and to work with the OSH Division to report any findings. It also requires poultry employers to keep records of com-plaints and large poultry facilities to employ a licensed medical professional to be available at all times. Additionally, the bill provides $ 350,000 to the N. C. Department of Health and Human Services to carry out the requirements. The department adamantly opposed this legislation, as it is a complete duplication of the OSH Division’s statutory mandates and unfairly targets the poultry industry. The bill was assigned to the Senate Committee on Agriculture, Environment and Natural Resources, where it remained for the dura-tion of the short session. The $ 350,000 proposed funding for DHHS reappeared in the governor’s version of the budget, appropriating the money for four positions designated for poultry processing plant injury inspection teams, which would evaluate working conditions in poultry facilities. In the end, the $ 350,000 was appropriated to NCDOL to fund four worker safety positions in the final version of the budget. See HB 2436 above for further details. Status: Assigned to the Senate Committee on Agriculture, Environment and Natural Resources with no action taken. 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 ( NCGS 126). Human Resources chronicled new hires, separations from services, promotions within the department, job postings, applications received, and total personnel actions processed. Working with a third- party administrator, Human Resources administers the department’s workers’ compensation program. In addition, the two part- time receptionists in the Labor Building assisted the department by responding to 16,368 phone calls in 2008. Table 10 shows a comparison of calendar years 2005 through 2008. In April 2008, North Carolina State Government started using a new HR/ payroll operating system from SAP called BEACON. For two months during the transition from the old systems to the new single oper-ating system, DOL put a hold on all but the most essential personnel actions. From reports in the news media and from employees in other state agencies, DOL has had a smooth transition to BEACON when compared to other agencies. Nevertheless, BEACON has dominated the work time of several HR staff members during the last eight months of 2008. No letup is anticipated for the first half of 2009. Summary of 2008 Workers’ Compensation There were 21 reported and filed claims during 2008. Of these, four qualified as OSHA recordable injuries. 37 N. C. Department of Labor 2008 Annual Report Administration Division Table 10 Human Resources Activities, Calendar Years 2005 Through 2008 2005 2006 2007 2008 New Hires 36 37 51 20 Separations 39 44 42 33 Promotions 42 21 21 25 Job Applications Received 1,561 2,021 1,828 2,416 Personnel Actions Processed 408 770 493 273 Total Positions on 12/ 31 428 429 430 434 Total Postings Open 12/ 31 n/ a 20 17 4 Total Employees on 12/ 31* 412 411 421 407 * includes part- time employees sharing one position n/ a n/ a 6 6 Positions Posted for the Year n/ a 98 100 66 Average Salary Grade 71 71 71 71 Average Employee’s Age 49 49 48 49 Average Employee Service Months 135 135 135 159 Information Technology Division The Information Technology Division provides the Department of Labor with information technology serv-ice for the conception, design, engineering and acquisition of all hardware and software, while providing daily service and support through installation, operation and maintenance of computers, servers, printers, local area networks and wide area networks. Support is provided to applications software and server operating systems software as well as hardware. Database design and administration are also provided. A federal- level information system ( Integrated Management Information System ( IMIS)) is also supported and used by the Occupational Safety and Health Division staff. The IT Division establishes and promotes policies and procedures for information technology, and through collaboration with the three main divisions and their respective bureaus within the Department of Labor, develops short-, medium-, and long- range technology goals. The past year has been one of significant accomplishments for the IT Division as multiple orders for desk-tops/ laptops/ printers and associated software, including network switch replacement equipment, have been ordered, received and installed. The division has also begun migration to a new e- mail and calendaring system for all employees within the department. In addition, to improve security for all information technology activities and to comply with mandated security policies, vendor encryption software was reviewed for applicability and cost- effectiveness for Department of Labor and ordered for laptop equipment. Furthermore, business unit needs for new or enhanced applications software has increased significantly stretching the ability of the division to meet demands. Meetings were conducted to discuss business unit plans as a beginning step toward improved requirements definition, prioritization and governance to enable better management and more efficient accomplishment of information technology efforts. During the second half of the year, significant resource time was dedicated to discussions, both internal and external to the DOL staff, related to Phase III of the ITS Consolidation effort. Applications Services Section In addition to normal production support to all current applications software, the following are highlights of the modifications/ enhancements that were accomplished during the past year: 38 • Worked with the N. C. Office of Information Technology Services ( ITS) on proxy server configuration requirements as a precursor to implementation of public access to NCDOL databases as required. • Partnered with the Apprenticeship Bureau to initiate and develop new applications software that is web- based and will enable apprentices to electronically register for the offered training programs. • Provided North Carolina- specific information to USDOL for the planning of new OSH Information System ( OIS) software. PC Support Section The PC Support Section averaged 175 calls to the help desk per month in 2008. Table 11 shows data for calendar years 2005 through 2008. In addition, 10 servers with different vendor operating systems were maintained and supported. The initial migration of 165 users in the agency to the new e- mail and calendar-ing system is not included in this table. Two new network switches were ordered and installed for the Charlotte office, and 10 were ordered and installed in the Old Revenue Building, eliminating significant potential for network outages. The section also coordinated a new intrusion prevention system ( IPS) with ITS to replace a previous intrusion prevention product. Table 11 Information Technology Division Activity, 2005 Through 2008 2005 2006 2007 2008 Annual Help Desk Calls 1,247 1,831 2,654 2,101 Equipment Services and Setups 179 83 182 278 PC and Laptop Purchases 89 63 113 327 Printer Purchases 24 83 82 159 Internet Site Hits n/ a 600,000 1,065,125 1,191,128 Legal Affairs Division The Legal Affairs Division of the Department of Labor advises the commissioner and the department as a whole on a wide variety of legal issues. Among other things, the division monitors all legal issues related to the department, reviews and refers cases in need of litigation to the Attorney General’s Office, advises the commissioner and the department when policy developments involve legal issues, conducts legal reviews of policies and procedures, conducts mediations for the Office of State Personnel and NCDOL’s Employment Discrimination Bureau, and conducts rulemaking activities for the department. In 2008, the division completed the second of two major bankruptcy cases affecting thousands of North Carolina workers. A brief description of the case is as follows: Midway Airlines— Bankruptcy On Aug. 13, 2001, Midway Airlines Corp. filed a voluntary bankruptcy petition under Chapter 11 of the Bankruptcy Code. On Oct. 30, 2003, the case was converted to Chapter 7. Post- petition payroll claims with Chapter 11 administrative level status under § 503( b)( 3) of the Bankruptcy Code were established. Employees represented by NCDOL in this case were approved by order dated Sept. 16, 2003, and amended by order dated July 17, 2006, allowing $ 88,210.96 for the class. The claims made by NCDOL primarily con-cerned unpaid vacation pay accumulating during the Chapter 11 case. Claims for 754 employees were made by NCDOL and allowed in the corresponding order. During 2007, to effectuate the orderly and proper distribution of the claims, the division took the lead in locating claimants who may have moved and was successful in verifying the addresses of 537 former 39 N. C. Department of Labor 2008 Annual Report Administration Division employees. The distribution occurred during April 2008 and was accomplished by the trustee hiring an accounting firm to ensure that the most feasible and cost effective method was used to effectuate the dis-tribution. In December 2008, the trustee declared the remaining former employees “ missing” and began the process of paying those employees’ entire share of the distribution to the N. C. Treasurer’s escrow and escheat fund. At this time, if additional employees surface, they will be directed to the N. C. Treasurer’s office to claim their disbursement. The division is pleased to announce that, with regard to the claims filed for former employees, all eligible employees have either received their approved compensation or are able to claim it from the N. C. Treasurer’s office. Rulemaking In 2008, the commissioner initiated rulemaking for the Boiler Safety Bureau and the Occupational Safety and Health Division. A brief discussion of each action follows: Boiler Safety Bureau Various Amendments On Aug. 11, 2008, rulemaking was initiated regarding Title 13, Chapter 13, of the N. C. Administrative Code to amend certain rules to remain consistent with boiler and pressure vessel industry standards, the N. C. Plumbing Code, and the N. C. Mechanical Code and to clarify or standardize certain references/ infor-mation contained in the current rules. The following rules were involved in the action: 13 NCAC 13.0101; 13 NCAC 13.0202; 13 NCAC 13.0203; 13 NCAC 13.0204; 13 NCAC 13.0205; 13 NCAC 13.0206; 13 NCAC 13.0208; 13 NCAC 13.0301; 13 NCAC 13.0302; 13 NCAC 13.0401; 13 NCAC 13.0403; 13 NCAC 13.0404; 13 NCAC 13.0405; 13 NCAC 13.0409; 13 NCAC 13.0412; 13 NCAC 13.0413; 13 NCAC 13.0414; 13 NCAC 13.0416; 13 NCAC 13.0417; 13 NCAC 13.0420 With the exception of 13 NCAC 13.0413 and .0420, the above rules were approved with an effective date of Jan. 1, 2009; 13 NCAC 13.0413 and .0420 will be effective Feb. 1, 2009. Occupational Safety and Health Personal Protective Equipment ( 13 NCAC 07F. 0104) On Nov. 15, 2007, in 72 FR 64342- 64430, OSHA published a final rule to update its Employer Payment for Personal Protective Equipment. The provisions in OSHA standards that require PPE generally state that the employer is to provide such PPE. However, some of these provisions did not specify that that employ-er is to provide such PPE at no cost to the employee. The new federal rule stipulates that the employer must pay for required PPE, except in the limited cases specified in the standard. North Carolina is a state plan state, and 13 NCAC 07F. 0104 is now rendered less effective than the new standard promulgated by OSHA. Due to this, the repeal of 13 NCAC 07F. 0104 is necessary in order for North Carolina’s Occupational Safety and Health program to remain 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. The verbatim adoption of the federal rule implementing OSHA’s new standard was effective Feb. 13, 2008. Permanent rulemaking was initiated on Dec. 19, 2007 and became effective May 15, 2008. General Industry ( 13 NCAC 07F. 0101) On Dec. 14, 2007, in 72 FR 71061- 71070, OSHA published a final rule to its general industry standards, effective March 13, 2008. In this direct final rule, OSHA removed several references to consensus stan-dards that have requirements that duplicate, or are comparable to, other OSHA rules. This action included 40 correcting a paragraph citation in one of these OSHA rules. OSHA also removed a reference to the American Welding Society standard A3.0- 1969 (“ Terms and Definitions”) in its general- industry welding standards. This rulemaking is a continuation of OSHA’s ongoing effort to update references to consensus and industry standards used throughout its rules. The verbatim adoption of the federal rule updating OSHA’s standard was effective April 17, 2008. Crane and Derrick Rules ( Numerous) On Nov. 20, 2008, notice of text was filed to adopt the following rules: 13 NCAC 07F. 0901; 13 NCAC 07F. 0902; 13 NCAC 07F. 0903; 13 NCAC 07F. 0904; 13 NCAC 07F. 0905; 13 NCAC 07F. 0906; 13 NCAC 07F. 0907; 13 NCAC 07F. 0908; 13 NCAC 07F. 0909; 13 NCAC 07F. 0910; 13 NCAC 07F. 0911; 13 NCAC 07F. 0912; 13 NCAC 07F. 0913; 13 NCAC 07F. 0914; 13 NCAC 07F. 0915; 13 NCAC 07F. 0916; 13 NCAC 07F. 0917; 13 NCAC 07F. 0918; 13 NCAC 07F. 0919; 13 NCAC 07F. 0920; 13 NCAC 07F. 0921; 13 NCAC 07F. 0922; 13 NCAC 07F. 0923; 13 NCAC 07F. 0924; 13 NCAC 07F. 0925; 13 NCAC 07F. 0926; 13 NCAC 07F. 0927. Due to significant changes in construction consensus standards and requests from several industry stake-holders, federal OSHA has been working since 1998 on an update to 29 CFR Part 1926, Subpart N, designed to protect employees from the hazards associated with hoisting equipment when used to perform construction activities. This update will affect establishments across a variety of different construction industries with work involving cranes and derricks. To that end, in July 2002, OSHA announced its intent to use the negotiated rulemaking process to revise Subpart N, and established the Cranes and Derricks Negotiated Rulemaking Advisory Committee ( C- DAC). The C- DAC began meeting in August 2003, and completed its task in July 2004. As a result of these meetings, the committee submitted a proposed revi-sion to Subpart N to OSHA on July 13, 2004. After years of review, OSHA published a notice of proposed rule in the Federal Register on Oct. 9, 2008. However, due to a number of factors affecting the federal rule-making process, a final rule is not expected from OSHA for at least one year. As a result, NCDOL is tak-ing a proactive approach toward protecting those in North Carolina who operate and work around cranes. N. C. Gen. Stat. § 95- 131 sets forth that “[ a] ll occupational safety and health standards promulgated under the federal act by the Secretary, and any modifications, revision, amendments or revocations in accordance with authority conferred by the federal act or any other federal act or agency relating to safety and health and adopted by the Secretary, shall be adopted as the rules of the Commissioner of this State unless the Commissioner decides to adopt an alternative State rule as effective as the federal requirement and provid-ing safe and healthful employment in places of employment as required by the federal act and standards and regulations heretofore referred to and as provided by the Occupational Safety and Health Act of 1970.” Therefore, NCDOL is proposing to adopt new rules for cranes and derricks that mirror the federal consen-sus document with some minor exceptions. The public hearing was held Jan. 15, 2009, and the proposed effective date is July 1, 2009. Toxic and Hazardous Substances ( 13 NCAC 07F. 0106) In 1971, the Occupational Safety and Health Administration ( OSHA) promulgated 425 permissible expo-sure limits ( PELs) for air contaminants. Thereafter, in 1989 OSHA revised the air contaminants standard ( 29 CFR 1910.1000) for 428 toxic substances. This revised standard lowered the PELs for 212 substances, set new PELs for 164 previously unregulated substances, and left unchanged PELs for 52 substances. At that time, the N. C. Department of Labor adopted the new PELs verbatim pursuant to N. C. Gen. Stat. § 95- 131( a). However, a legal challenge by representatives of both labor and industry resulted in a decision by the 11th Circuit of the U. S. Court of Appeals that vacated the revised PELs because OSHA did not suffi-ciently explain or support its threshold determination that exposure to these substances at previous levels posed a significant risk of these material health impairments or that the new standard eliminated or reduced 41 N. C. Department of Labor 2008 Annual Report Administration Division that risk to the extent feasible. See AFL- CIO v. OSHA, 965 F. 2d 962 ( 1992). As a result, OSHA reverted back to the original PELs that were promulgated in 1971. Due to a recent interpretation of the AFL- CIO decision, the N. C. Department of Labor is proposing to repeal the lower PELs contained in 13 NCAC 07F. 0106, and revert to the PELs contained in 29 CFR 1910.1000. The Notice of Text to repeal 13 NCAC 07F. 0106 was filed on Dec. 18, 2008, a public hearing was held Jan. 30, 2009, and the proposed effective date is May 1, 2009. Research and Policy Division The Research and Policy Division’s primary responsibility is collecting information and data for use by the Commissioner of Labor. The division develops and implements special programs and projects. The division also provides staff support to the commissioner and other divisions within the department and helps to estab-lish and revise policy guidelines. The Individual Development Accounts Program provides assistance to low- income individuals toward attaining self- sufficiency through homeownership, microenterprise, or edu-cation and training. 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 ( SOII) data for certification to the U. S. Bureau of Labor Statistics. The data— used by both state and federal departments of labor— provide an accurate measurement of the work- related injury and illness rates, and demographic and case characteristics data on employees in North Carolina. The state incidence rate for injuries and illnesses in the private sector was 3.7 for every 100 full- time employees in 2007, which is below the national average of 4.2. With the public sector included, the rate was 3.8. The 2007 SOII figures for North Carolina are the lowest on record for the state. See Figure 11 on page 24 and Figure 14. Figure 14 Occupational Injury and Illness Rate for North Carolina, Private Sector, Calendar Years 2000 Through 2007 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 ( CFOI). 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 are occurring. The figures also are used to assist those industries with high rates of injuries and fatalities to target safety and health edu-cation and training where needed. 42 Bureau of Labor Statistics figures ( from the Census of Fatal Occupational Injuries) show that North Carolina suffered 158 work- related deaths in 2007, a 5 percent decrease from the 168 deaths that occurred in 2006. The 2007 CFOI number is the lowest on record for the state. See Figure 15. Figure 15 Census of Fatal Occupational Injuries Data, Calendar Years 2000 Through 2007 Individual Development Accounts Program The Individual Development Accounts, or IDA, Program is designed to help low- wealth individuals build assets for the startup of new businesses, post- secondary educational investments or the purchase of a home. Through the use of matched savings accounts, financial literacy training, credit counseling and coaching, the program seeks to provide assistance to low- income individuals toward attaining self- sufficiency. The Department of Labor continues to play a major role in the IDA movement. The division is working in partnership with the IDA and Asset Building Collaborative of North Carolina, the N. C. Division of Community Assistance, the N. C. Housing Finance Agency, the N. C. Cooperative Extension Service, EITC Carolinas, and the N. C. Division of Social Services to support and increase the number of IDA programs. The NCDOL IDA Program continues to host trainings for IDA program sites throughout the state, bringing in outside speakers as well as involving members of local program staff who are knowledgeable in various aspects of the program. The training focuses on IDA implementation, best practices, effective outreach and other critical aspects of program development. This training provides valuable information and serves as a support network for everyone involved. In 2008, the department was awarded its fourth Assets for Independence ( AFI) grant. In this grant, NCDOL will partner with the N. C. Housing Finance Agency to provide 250 IDAs for the purpose of homeownership. According to year- end statistics for 2008, the NCDOL IDA Program consists of 14 sites that serve 31 counties. Total Graduates From NCDOL IDA Programs: By the end of 2008, a cumulative total of 548 partici-pants had graduated from the IDA Program in homeownership, micro- enterprise or post- secondary educa-tion. These graduates purchased 483 homes, started 34 businesses and made 31 educational investments. From 1999 to 2008, IDA account holders saved an aggregate $ 1,805,991, acquired more than $ 1,096,000 in matching grant funds, and purchased an estimated $ 44,012,079 in assets. 43 N. C. Department of Labor 2008 Annual Report |
OCLC number | 1791124 |