Annual report of the North Carolina Department of Labor

              	
   
   
           	
           	
  
 
  	
        	
   
      	  

       	
  

       
        
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 2/10, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Wage and Hour Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
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 . . . . . . . . . . . . . . . . . . . .27
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
Information Technology Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
Legal Affairs Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
Research and Policy Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
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N.C. Department of Labor 2009 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
4 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, 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 journeyworker level employees to meet the demand for high-skilled workers. In 2009, almost
14,000 North Carolinians were served in these industry-supported programs. Apprenticeship programs are
sponsored through employers or under joint labor-management committees.
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N.C. Department of Labor 2009 Annual Report
Labor Commissioner Cherie Berry
The bureau is also the State Approving Agency for veterans in apprenticeship and on-the-job training
programs. Qualified veterans can receive their GI Bill benefits while they are in training.
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 NCDOL Library offers more than 12,000 volumes, including nearly 1,300 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.
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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. The bureau also conducts OSH compliance inspections in agricultural settings utilizing OSHA
standards when there is employee exposure.
Research and Policy Division
The Safety and Health Survey Section of the Research and Policy Division collects and processes infor-mation
on workplace injuries, illnesses and fatalities for the U.S. Bureau of Labor Statistics. Data collected
by the division include the annual Survey of Occupational Injuries and Illnesses and the Census of Fatal
Occupational Injuries. The Individual Development Accounts Program provides assistance to low-income
individuals toward attaining 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 all workers under 18 years of age who work in non-agricultural
and nongovernmental jobs. Certificates can be obtained online through the department’s Web
site, from county departments of social services and from some schools. Workers in this age group are
prohibited from employment in occupations declared to be hazardous or detrimental to their health and
well-being.
The bureau also monitors procedures used to test employees and job applicants for drug use.
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N.C. Department of Labor 2009 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 2009
Apprenticeship and Training Bureau
• The total number of new registrations in FY 2009 was 3,990.
• The number of completions from the apprenticeship program in FY 2009 was 3,813.
• The total number served during FY 2009 was 13,808 (active apprentices at beginning of year plus
new registrations).
• Eligible veterans in North Carolina have received more than $9.9 million in GI Bill benefits to date
through apprenticeship and on-the-job training.
Boiler Safety Bureau
• 52,233 items of pressure equipment were inspected during FY 2009.
• 2,794 violations were identified.
• 5,093 new items were inspected.
• The average combined state and insurance backlog was 0.73 percent during the fiscal year.
• There were not any major boiler or pressure vessel accidents in North Carolina in FY 2009.
Elevator and Amusement Device Bureau
• 20,179 routine elevator inspections were completed in FY 2009.
• 6,577 amusement devices were inspected.
• There were not any amusement ride accidents due to mechanical error in FY 2009.
Employment Discrimination Bureau
• 778 complaints were received during FY 2009.
• 64 percent of complaints were based on workers’ compensation claims, 23 percent were based on
wage and hour concerns, and 11 percent were based on safety and health concerns.
• The bureau completed 681 investigations in FY 2009.
Mine and Quarry Bureau
• Conducted 504 inspections and evaluations of active and abandoned mines.
• The number of miners and contractors trained was 7,161 in FY 2009.
• Conducted 529 on-site education and training programs throughout North Carolina.
Wage and Hour Bureau
• Recovered wages in the amount of $313,449 for 413 complainants based on investigative findings of
fact; recovered an additional $339,965 for 452 complainants prior to any investigative determination.
• Total wages recovered at the investigator level without litigation expenses were $880,498.
• Opened 4,917 investigations and closed 4,501 investigations.
• Issued 57,383 youth employment certificates.
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Standards and Inspections Division
Standards and Inspections Division
Apprenticeship and Training Bureau
The Apprenticeship and Training Bureau is the North Carolina administrator of the National Apprentice-ship
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 2009
• The total number of new registrations in FY 2009 was 3,990.
• The number of completions from the apprenticeship program in FY 2009 was 3,813.
• The total number served during FY 2009 was 13,808 (active apprentices at beginning of year plus
new registrations).
• The completion rate for registrants that began their training after July 1, 2002, and completed the pro-gram
prior to June 30, 2009, is 70 percent. This completion rate is determined by apprentices entering
the program that completed both the on-the-job learning and related classroom instruction training.
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N.C. Department of Labor 2009 Annual Report
The Apprenticeship and Training Bureau held the 2nd Annual Lineman
Rodeo at the N.C. State Fairgrounds in May 2009. Tommy Greer,
statewide safety director for the N.C. Electric Cooperatives, talks about
electrical safety in front of Pike Electric Co.’s “live line” demonstration
vehicle.
• During this period, 22,944 registrants completed all requirements of the program, while 9,631 can-celed
out of the program prior to successful completion.
• The overall average completion wage rate for all completers in FY 2009 was $16.48.
• Veterans in registered programs have received more than $9.9 million in GI Bill benefits to date.
Statewide Program Development
Statewide programs are more efficient in terms of establishing standards, servicing and being more effi-cient
for sponsors to operate.
• Time Warner Cable registered a program to train broadband technicians in its Charlotte Division in
FY 2007. The company expanded the program in FY 2009 to Fayetteville, Greensboro, Morrisville
and Wilmington.
• The N.C. Department of Correction began a program in FY 2001. Correction currently has separate
programs for correctional officers and for inmates. The Department of Correction reports that inmates
in apprenticeship programs have fewer infractions. An ex-offender who is gainfully employed after
being released is three times less likely to commit another crime. To date, 512 inmates have complet-ed
their apprenticeships, and 223 are still actively registered.
State Approving Agency (SAA) for Veterans Affairs
The bureau contracted with the U.S. Department of Veterans Affairs in October 2004 to become the State
Approving Agency for GI Bill benefits to eligible veterans training in on-the-job training and apprentice-ship.
During FY 2009, the bureau approved 32 new apprenticeship programs and three new on-the-job
training programs. The bureau submitted 58 new occupations to the VA for approval.
During FY 2009, the bureau registered 436 apprentices who are potentially eligible for GI Bill benefits.
Eligible veterans in North Carolina have received more than $9.9 million in GI Bill benefits through
apprenticeship and on-the-job training. These benefits are tax-free dollars that go directly to the veterans
through their participation in apprenticeship training programs.
Construction Apprentice Contests at the N.C. State Fair
Apprentice contests in bricklaying, electrical, carpentry, plumbing and pipefitting, and HV/AC-R were
held at the N.C. State Fair. Registered apprentices from across the state competed with other apprentices
in the contests. 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 recruiting the materials needed for the contests.
In addition, the bureau helped organize the Second Annual Lineman’s Rodeo, which was held in May at
the State Fairgrounds during the Got to Be N.C. Festival. The Lineman’s Rodeo showcased the occupation
and helped recruit new employees to the trade. Apprentices and journey workers from Central EMC in
Sanford and Piedmont EMC in Hillsborough changed a pole-mounted transformer using a bucket truck,
rescued an injured lineman from a utility pole, and removed/replaced horizontal cross arms and bracing on
a utility pole. The “live line” demonstration included a mylar balloon, personal protective equipment, ani-mals,
tree limbs, an aluminum ladder and a kite string in live lines.
New USDOL Regulations and Implementation Grant
On Dec. 30, 2008, the U.S. Department of Labor put into effect revisions to the federal rules governing
apprenticeship to align the national apprenticeship system with the tools and flexibility needed for the 21st
century global economy. USDOL also provided the NCDOL Apprenticeship and Training Bureau with a
grant. The NCDOL Apprenticeship Modernization and Dislocated Worker Assistance Project will:
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Standards and Inspections Division
• Update the state administrative code, policies and procedures.
• Develop strong partnerships to integrate apprenticeship and preapprenticeship programs in emerging
industries such as biotechnology, healthcare and logistics.
• Modify a new Web-based application for new reporting requirements and changes resulting from
implementing new federal regulations.
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N.C. Department of Labor 2009 Annual Report
Labor Commissioner Cherie Berry, top right, joins the five top finishers and contest
officials at the 56th Annual Masonry Apprentice Contest. The apprentice contests
showcase some of the North Carolina’s best apprentices and are one of the highlights
of the N.C. State Fair.
Boiler Safety Bureau
During state fiscal year 2009, 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 2009
• 52,233 inspections were conducted.
• 2,794 violations were identified.
• 5,093 new items were inspected.
• The combined state and insurance backlog was 0.73 percent in FY 2009, down from 1.07 percent in
FY 2008.
• There were no major boiler or pressure vessel accidents in North Carolina in FY 2009.
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 insurance company inspectors
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Standards and Inspections Division
The staff members of the NCDOL Boiler Safety Bureau gather on the steps of the
Labor Building in Raleigh.
conducted 52,233 inspections. Table 1 shows the number of inspections and violations for FY 2005
through FY 2009.
Table 1
Number of Inspections and Violations, FY 2005 Through FY 2009
Fiscal Year Number of Inspections Number of Violations
2005 52,069 1,916
2006 52,061 1,699
2007 50,537 1,714
2008 50,286 1,499
2009 52,233 2,794
Backlogs
Any inspection program can have a backlog of items past-due for inspection. The average percentage of
state objects on the backlog was 0.52 percent during FY 2009. For insurance objects, the average backlog
for FY 2009 was 0.86 percent. The combined average backlog was 0.73 percent for the fiscal year.
Additional Work
In addition to the inspections of equipment in businesses and institutions throughout the state, inspectors
with special training and endorsements carried out ASME Boiler and Pressure Vessel Code third-party
inspections in manufacturing facilities that construct boilers and pressure vessels as well as pressure equip-ment
repair firms or National Board “R” Stamp holders.
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 20,179 rou-tine
and new elevator inspections as well as 6,577 amusement devices at 1,218 locations in state fiscal
year 2009.
The bureau consists of 32 field inspectors and five field supervisors as well as four administrative staff, an
engineer, the assistant chief and the bureau chief. The Elevator and Amusement Device Bureau is a receipt-supported
bureau; the fees collected pay for the operation of the bureau and the salaries of the bureau staff.
Highlights From Fiscal Year 2009
• Applications for new elevators have decreased from 1,215 in FY 2008 to 1,054 in FY 2009,
while applications for alterations and repairs increased from 779 in FY 2008 to 811 in FY 2009.
• A total of 20,179 routine inspections and 1,217 new elevator inspections were completed in FY 2009.
• The bureau inspected 6,577 amusement devices at 1,218 locations in FY 2009.
• Out of the millions of people who ride or use the devices that are regulated by this bureau each year,
there were only 46 incidents, of which 40 were reportable because they required treatment, other than
first aid, from a physician. Of the 46 incidents, 41 were due to patron error and only five were due to
mechanical error.
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N.C. Department of Labor 2009 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 1, the number of routine inspections has
increased during the last three fiscal years. The number of new inspections increased.
Figure 1
Routine Inspections and New Inspections, FY 2007 Through FY 2009
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Standards and Inspections Division
      	                
      
     
    	 
   		
 
   

    


  
          
               
    
 
     
     

    
	    
      
      
      
 
    
 	    
      
      
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 operation at fairs, festivals, carnivals and other
amusement events. The bureau also conducts operational inspections at least once during the operating sea-son
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 2 indicates the total number of amusement devices inspected in FY 2007 through FY 2009. The
number of individual amusement rides inspected increased 7.3 percent from FY 2008 to FY 2009.
Rider Safety Program
The Elevator and Amusement Device Bureau continued the Rider Safety Program with the theme of
“Measure Up to Safety.” The bureau encouraged the participating fairs to measure children’s heights. Various
amusement devices are manufactured with specific height requirements to afford the maximum in safety.
Making sure children meet the height requirements decreases the probability of a child becoming displaced
while the ride is in operation.
In addition to the Rider Safety Program, the bureau developed the Fair Partner Program. In FY 2009, there
were 21 fairs participating in this program. The fair participants agreed to document operational checks by
conducting safety inspections at their fair grounds and observing the ride operators periodically to ensure
the safe operation of each ride. They also agreed to keep a record of all injuries as part of the partnership.
In addition each participating fair identified a safety representative.
Figure 2
Number of Amusement Rides Inspected, FY 2007 Through FY 2009
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N.C. Department of Labor 2009 Annual Report

    

    
  
  
 
     
     
     
     
     

    
     
      	                
        
 
           
  
N.C. State Fair Manager Wesley Wyatt and Agriculture Commissioner Steve Troxler
receive the Fair Partner flag and certificate from Labor Commissioner Cherie Berry.
Accident or Incident Investigations
Accident investigations are conducted according to N.C. Gen. Stat. § 95-110.9. Reports required.
(a) The owner of any device or equipment regulated under the provisions of this Article, or his authorized
agent, shall within 24 hours notify the Commissioner of each and every occurrence involving such device or
equipment when:
(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 person-nel;
or
(2) The occurrence results in damage to the device indicating a substantial defect in design, mechanics,
structure or equipment, affecting the future safe operation of the device. No reporting is required in the
case of normal wear and tear. The owner of the equipment is required to contact the Bureau.
An inspector is sent to the location and completes a report that is kept on file. As Table 2 reflects, the total
number of accident investigations increased in FY 2009. The number of accidents due to mechanical error,
however, remained the same for elevators and related equipment. There were not any amusement ride acci-dents
due to mechanical error in FY 2009.
Table 2
Number of Elevator and Amusement Device Accidents, FY 2007 Through FY 2009
Year Elevators and Related Equipment Amusement Rides
Total Patron Mechanical Reportable Non- Total Patron Mechanical Reportable Non-
Error Error Reportable Error Error Reportable
FY 2007 29 20 9 10 19 12 7 5 6 6
FY 2008 30 25 5 7 23 12 9 3 6 6
FY 2009 36 31 5 32 4 10 10 0 8 2
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 2009, the percentage of complaints based on workers’ compensation claims decreased to 64 percent,
those based on safety and health concerns decreased to 11 percent, while those based on wage and hour
matters increased to 23 percent. The remaining complaints fell under other laws enforced by the bureau.
The bureau received 778 complaints, an increase of 15.6 percent over FY 2008. (See Figure 3.) The empha-sis
on early resolution and settlement of complaints was again a major factor in the bureau’s operations in
FY 2009. The bureau continued to contact both the complainant (employee) and the respondent (employer)
12
Standards and Inspections Division
within 15 days of receiving the complaint. The bureau continued to intervene early in the investigation
process, bringing the complaint to a quicker conclusion. The bureau was able to settle 17.5 percent of the
681 cases closed in FY 2009, an increase from the 14.3 percent of cases settled in FY 2008. (See Figure 4.)
Figure 3
Employment Discrimination Complaints Received and Completed, FY 2007 Through FY 2009
Figure 4
Percentage of Closed Cases Settled, FY 2005 Through FY 2009
In FY 2009, 70.2 percent of the complainants were given a right-to-sue letter. 17.5 percent of the cases
were settled, 2.0 percent were found to have merit, 3.5 percent closed administratively (generally, referred
to other agencies), 2.3 percent of cases were withdrawn by complainants, and 2.6 percent of cases were
closed when the complainant failed to respond. In the remaining 1.8 percent of cases, the bureau did not
make a determination within 180 days of the filing, and the complainant was granted a right-to-sue letter.
  
	
  
 
  
 
  
	
                      	        
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
  
 
 

 
       
 

 
  
 
  
 
 	
 
  
 
13
N.C. Department of Labor 2009 Annual Report
      	                
   
       
       
   

              
  
 
   
   
   
   
   
   
	  

  
   
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,
explosives safety, health and safety laws, and supervisory training are offered through the Mine and Quarry
Bureau’s seminars and institutes. (See Table 3.)
Table 3
Mine and Quarry Training and Inspection Activities, FY 2006 Through FY 2009
2006 2007 2008 2009
Number of Mine Safety and
Health Instructors Trained
(Number of Sessions) 20 (3) 27 (2) 56 (5) 18 (2)
Number of people trained in
Explosives Safety
(Number of Sessions) 0 (0) 66 (2) 139 (3) 170 (5)
Total Number of Inspections
and Evaluations Conducted 485 464 506 504
Number of Education and Training
Programs Provided 550 562 525 529
Number of Miners and
Contractors Trained 7,891 7,856 8,895 7,161
14
Standards and Inspections Division
Labor Commissioner Cherie Berry presents the workers of Harrison
Construction��s Dillsboro Quarry with the Mining Star flag and certificate.
Highlights From Fiscal Year 2009
• Developed a Part 46 Annual Refresher Training booklet to enable the bureau to improve consistency
and quality of training services provided.
• Conducted mine safety and health seminars for the eastern and western parts of the state in Rocky
Mount and Statesville.
• Conducted 504 inspections and evaluations of active and abandoned mines.
• Conducted 529 on-site education and training programs throughout North Carolina.
• Developed a monthly schedule of training classes to provide independent contractors working on
mine property the opportunity for mandated certification.
• Harrison Construction’s Dillsboro Quarry received the Mining Star flag. The quarry was Harrison’s
second crushed stone operation to receive Mining Star status. The Mining Star Program recognizes
and promotes effective safety and health management programs. It also creates a cooperative relation-ship
among management, employees and the N.C. Department of Labor at sites that have implemented
strong safety and health programs.
Wage and Hour Bureau
The Wage and Hour Bureau administers the N.C. Wage and Hour Act, which includes the minimum wage,
overtime pay and wage payment (promised wages including wage benefits, such as vacation pay, sick
leave, holiday pay, and bonuses and commissions). The bureau ensures employers make, keep and preserve
records of hours worked, wages paid, and other conditions and practices of employment necessary for the
enforcement of wage and hour laws.
The bureau issues youth employment certificates to 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 2009
• Answered 91.8 percent of all calls placed to the call center (1-800-LABOR-NC) on the first attempt.
• Resolved 90.7 percent of 4,508 closed investigations; 66.3 percent were based on factual evidence
obtained from one or both parties.
• Recovered wages in the amount of $313,449 for 413 complainants based on investigative findings of
fact; recovered an additional $339,965 for 452 complainants prior to any investigative determination;
and recovered $227,084 for 715 noncomplainants.
• Total wages recovered and disbursed at the investigator level were $880,498.
• Completed investigation of 34 of the 35 youth employment complaints received during the fiscal
year; 11 youth employment complaints carried over from the previous fiscal year were closed.
• Completed 547 noncomplaint investigations involving youth employment issues or training during
the fiscal year.
• Assessed $14,790 in civil money penalties for youth employment violations during 44 investigations;
collected $10,655 at the investigator level without litigation.
• Conducted 162 presentations and technical assistance visits with employers; trained 1,735 employers
and employees on laws enforced by the bureau.
15
N.C. Department of Labor 2009 Annual Report
Call Center
The bureau’s call center is manned by five highly motivated and trained individuals who are the first point
of contact to the Department of Labor for most customers. Their primary job duties are to gather informa-tion
relative to alleged violations of laws enforced by the bureau and to enter appropriate data into an elec-tronic
database that is used for assignment and tracking of complaints received. Additionally, they refer
callers to other sections within the department, other state or federal agencies, or civic/charitable organiza-tions
that may provide assistance.
Call centers are often characterized as “high volume” centers, and the numbers in Table 4 certainly speak
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 4 indicates that the call center has exceeded the 90 percent
industry standard each year since FY 2003. Two of the five public information assistants are bilingual and
provide assistance to callers who speak Spanish. They also assist investigators and other departmental
employees with their Spanish skills as the need arises.
Table 4
Wage and Hour Call Center Activity, FY 2002 Through FY 2009
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
2009 94.795 87,045 91.8
Wage and Hour Investigations
The majority of the bureau’s investigations are based on customer complaints. The bureau also conducts non-complaint
investigations and industry-specific investigations to determine compliance with assigned laws.
Figure 5
Types of Wage and Hour Investigations Closed, FY 2009
16
Standards and Inspections Division
	
  
 
     
     
     
       
	
  
   
    
        
   
    
     
   
    
The data in Figure 5 indicate that the majority (84.9 percent) of the investigations closed during FY 2009 were
wage payment claims. These claims include such things as vacation/sick pay, bonuses, commissions, holiday
pay, and the like. The percentage of these types of claims investigated each year remains relatively stable at
approximately 85 percent. Minimum wage claims accounted for 7.2 percent of investigations closed; over-time
(OT) accounted for 4.9 percent; and, other (i.e., youth employment, recordkeeping, controlled substance
and private personnel) accounted for 3.0 percent.
Table 5 compares the bureau’s performance with previous years. The number of investigations opened and
the number of investigations closed both decreased in FY 2009.
Table 5
Wage and Hour Investigations Opened and Investigations Closed, FY 2001 Through FY 2009
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
2009 4,917 4,501
From the complainants’ perspective, the most important aspect of the bureau’s job is the recovery of unpaid
wages. The bureau was able to recover and distribute more than $880,000 for the citizens of the state with-out
litigation expenses. (See Figure 6.) The amount of wages determined due increased by 53.2 percent com-pared
to FY 2008 even though the number of investigations opened for the year decreased. Seven employers
owing a total of $654,671 to employees closed and/or filed for bankruptcy protection; therefore, no wages
could be recovered for these employees.
Figure 6
Wage and Hour Assessments and Collections, FY 2003 Through FY 2009
17
N.C. Department of Labor 2009 Annual Report
         	
   		           
    
   

     
          
    	   	 
        
       	
       

 
         

        
 
 	      
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Youth Employment Certificates
Protecting young workers from inappropriate or unsafe jobs is the cornerstone of the Youth Employment
Certificates program. The timely review of certificates issued continues to be a key element in our efforts
to protect young workers. The data in Figure 7 indicate that 57,383 youth employment certificates (work
permits) were issued in FY 2009, a 31 percent decrease from the previous fiscal year. Some of the decrease
was caused by the economic downturn, and part is due to the greater use of the online certificate issuance
process. The figure also indicates that 61.7 percent of all certificates issued during FY 2009 were issued
through the online system. Certificates issued online provide immediate feedback to employers and appli-cants
when the age and proposed job place the employer in jeopardy of compliance with state or federal
child labor laws. Additionally, online issued certificates are reviewed the next business day, whereas the
review of certificates issued by the Department of Social Services and designees may lag by five to six
months depending on receipt in our office.
Bureau staff completed investigations of 34 of the 35 youth employment complaints received during FY
2009 and 11 youth employment complaints that had been received in FY 2008. Additionally, 547 noncom-plaint
investigations were completed, which included youth employment compliance checks.
Figure 7
Youth Employment Certificates Issued, FY 2008 and FY 2009
Of the 4,978 complaints received by the bureau in FY 2009, 91.4 percent were 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). Minimum wage complaints accounted for 3.9 percent of
the complaints, followed by overtime complaints with 3.7 percent. Youth employment, drug testing and
recordkeeping complaints combined to account for less than 1 percent of the total complaints received during
FY 2009. Figure 8 shows the number of complaints received in each category by the bureau during FY
2009. There were not any complaints related to medical payments.
18
Standards and Inspections Division
               
 
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Types of Wage and Hour Complaints Received in FY 2009
19
N.C. Department of Labor 2009 Annual Report
    	
     	 
   
     
     
     
     
     
     
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Occupational Safety and Health Division
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 2009
Agricultural Safety and Health Bureau
• The ASH Bureau completed 1,367 preoccupancy housing inspections of migrant farmworker hous-ing
and issued certificates to 1,285 sites.
• The bureau conducted outreach and training sessions for 627 migrant farmworkers. The key focus of
outreach and training was the prevention of heat stroke and heat stress.
• The bureau issued 240 violations, with total current penalties amounting to $120,282.
Compliance Bureau
• Compliance conducted 3,354 safety inspections and 1,842 health inspections, for a total of 5,196
compliance inspections.
• The total included 2,198 construction inspections, 1,223 occurring in Construction Special Emphasis
Program counties.
Consultative Services Bureau
• The bureau conducted 783 safety visits and 403 health visits, for a total of 1,186 total consultative
visits.
• Hazards identified and eliminated as a result of consultative visits totaled 7,517. Of these, 6,030 were
serious hazards, and 1,487 were other-than-serious hazards.
• The Safety Awards Program celebrated its 63rd year awarding 2,027 Gold Awards, 315 Silver
Awards, for a total of 2,342 awards distributed in FY 2009. In addition, the bureau awarded 71
Million-Hour Safety Awards.
• The bureau recognized 13 new Star sites and recertified 25 Star sites. There were 119 companies in
the Star Program at the end of FY 2009.
Education, Training and Technical Assistance Bureau
• The ETTA Bureau conducted more than 200 courses, forums and workshops, providing training for
more than 9,200 employers and employees.
• The bureau distributed 53,717 hard copy publications in FY 2009.
• The bureau also answered 4,592 inquiries for standards interpretation.
Planning, Statistics and Information Management Bureau
• Collection of OSHA Data Initiative (ODI) data for calendar year 2008 officially concluded in October
2009 with a 100 percent response rate and a 100 percent clean rate.
�� The bureau received 807 disclosure requests in FY 2009 and processed 753 requests.
21
N.C. Department of Labor 2009 Annual Report
Agricultural Safety and Health Bureau
Inspection Effort
In 2009, the Agricultural Safety and Health Bureau completed 1,367 preoccupancy housing inspections of
migrant farmworker housing and 68 compliance inspections. Certificates were issued to 1,285 sites with
total occupancy (beds) of 14,442. There were 799 sites in 100 percent compliance at time of inspection;
504 growers operate these sites. Gold Star status was received by 178 growers.
Gold Star Growers
In 2009, the 15th Annual Gold Star recognition program was held in Raleigh at the N.C. State Fairgrounds
on Jan. 28. Forty-four Double Gold Star Growers were selected, and an additional 136 were invited as
recipients of a single Gold Star. Growers received Gold Star designation because they were in full compli-ance
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 continu-ally
improve housing conditions. Double Gold Star Growers are eligible to conduct their own housing
inspection for one year if they attend the meeting and comply with registration and rules involving water
and septic sanitation.
The bureau created a Workplace Safety Training Award in memory of Christmas tree grower Ron Hudler.
Wilson County’s Zelenka Nursery received the first award.
Compliance
ASH inspectors conducted 68 compliance inspections in calendar year 2009. These inspections included
three accidents, 21 complaints, 19 referrals, eight unprogrammed related and 17 programmed inspections
that focused primarily on field sanitation compliance. The bureau issued a total of 240 violations. Total cur-rent
penalties for the citations issued amounted to $120,282.
Formal Training and Outreach
During the summer, ASH conducted outreach and training sessions for 627 migrant farmworkers on North
Carolina farms. Bissette Farms held a half-day, on-site safety training workshop involving five topic-specific
training stations. The farmworkers
were primarily with the H-2A guestworker
program.
Training also included prevention of heat
stress, heat stroke, DOL housing regulations,
ergonomics training, and safe driving. One
issue of the ASH news bulletin, The
Cultivator, was produced. Volume 31, pub-lished
in December of 2009, highlighted
the ways to avoid green tobacco illness and
discussed the Hazard Communication
Standard.
ASH inspector Mike Coles talks about forklift safety during
a training session held at Bissette Farms near Middlesex.
Inspector/Staff Training
Inspectors and staff attended numerous in-house training classes, including first aid and CPR; the Hazard
Communication Standard; machine guarding; electrical hazards; voltmeter use/testing; accident and fatality
investigation; and technical writing.
Workplace Training DVD Completed
The DVD on the prevention of green tobacco sickness and the Hazard Communication Standard will be
completed in time for the 2010 growing season. The DVD consists of two chapters, each about 10 minutes
long and filmed on North Carolina farms. These two segments will be combined on a single DVD with the
previous safety DVD chapters created in 2008. The 2008 DVD featured four segments: forklift safety; the
prevention of heat stress/stroke; safety around tobacco balers; and safety around tobacco harvesters. The
DVD will be in Spanish and in English. It will be mailed to all registered growers, the N.C. Growers
Association and RJR Tobacco Co. for distribution.
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 tobacco grower meetings sponsored by Reynolds Tobacco and
Phillip Morris; the Christmas Tree Growers Association; the Farmworker Summit; Blueberry Council meeting;
N.C. Agricultural Extension meetings in Pasquotank County; and a number of other grower organizational
meetings during 2009.
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 2009 compliance activities included:
• 5,196 compliance inspections (See Figure 9.)
• 3,354 safety inspections
• 1,842 health inspections
• 2,198 construction inspections
• 13,695 total violations
• 3.7 average violations per inspection
• $3,235,393 in penalties assessed
• 19.7 average lapsed days from inspection date to when citations were issued
• 1,062 informal conferences conducted
• 8,318 serious hazards abated
• 2,062 employer safety and health program improvements
22
Occupational Safety and Health Division
• 77 inspections associated with the Tree Felling Special Emphasis Program
• 1,223 inspections in the Construction Special Emphasis Program counties
• 126 inspections in long-term care facilities
• 179 inspections associated with the Health Hazards Exposure Special Emphasis Program
• 141 site-specific targeting special emphasis-related inspections
• 138 inspections associated with the Public Sector Special Emphasis Program
• 51 compliance interventions (includes speeches, training programs and program assistance)
• 114 accident investigations
• 872 complaint inspections
• 316 safety and health referrals inspections/investigations
• 88 employment discrimination investigations associated with occupational safety and health
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.
Figure 9 depicts the total number of compliance inspections conducted in North Carolina for federal
fiscal years 2000 through 2009. 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 effec-tive
safety and health management programs.
Figure 9
Number of Compliance Inspections, FY 2000 Through FY 2009
Several tools, in addition to the statewide lost workday incidence and illness rates, are used to monitor
inspection quality and operational efficiency. Figure 10 presents the occupational injury and illness rate for
the public and private sectors in North Carolina for calendar years 2000 through 2008. 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.
23
N.C. Department of Labor 2009 Annual Report
     
     
     
	 
  
	 	  
      	    
     
	 
	 
 

    
     
     
     
	    
     
                                      	       
                       
        
	 
  
24
Occupational Safety and Health Division
Figure 10
Occupational Injury and Illness Rate for North Carolina,
Public and Private Sectors, Calendar Years 2000 Through 2008
Source: U.S. Bureau of Labor Statistics
Additional significant activities that occurred in OSH Compliance or involved OSH Compliance participa-tion
during FY 2009 include the following:
• Compliance personnel continued participation in the Integrated Management Information System
(IMIS) redesign project with federal OSHA. This is a software and hardware redesign that will be
implemented nationwide in 2010. The new system will serve as the main database collection and
retrieval system for all OSH programs. The NCDOL OSH program is one of only two state plan OSH
programs to participate in the pilot project for this new system.
• The Compliance Bureau’s quality program resulted in numerous improvements to operating proce-dures
and policies. The Field Operations Manual (FOM), numerous Operational Procedure Notices
and other policies and procedures were modified in an effort to continually improve the process, serv-ice
and end product of the compliance group. All action requests submitted were reviewed by man-agement
and actions and responses were provided to those who submitted the requests.
• Ten chapter revisions to the state’s Field Operations Manual were submitted as state plan changes. A
thorough chapter-by-chapter comparison was made in response to changes to the federal operations
manual.
• The bureau conducted two major comprehensive accident investigations of catastrophic explosions.
The first explosion occurred in June at ConAgra Foods Inc. in Garner, killing four employees and
injuring numerous others. The second explosion involved Melrose South Pyrotechnics and was a fire-works
explosion on Ocracoke Island that killed four employees and injured one additional employee.
• 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.
• OSH Compliance worked with the Nuclear Regulatory Commission to have two employees obtain
top secret clearance, to ensure access to government contract sites within North Carolina requiring
such clearance.
• The Occupational Safety and Health Act of North Carolina was amended to increase penalty
amounts for serious violations that involve an injury to an employee under 18 years of age.
• Operational Procedure Notice 140 was developed to provide inspection procedures relating to the
Food Manufacturing Special Emphasis Program.
 
 
 
 
 
 
 
 
 
 


 
 
 
 
	
 
   
   
 
 
   
 
 
	
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• NASCAR Hall of Fame partnership site celebrated 1 million safe working hours without a lost
work time accident.
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 2009. The bureau conducted 1,158 total consulta-tive
visits. (See Table 6.)
• 783 (66 percent) safety visits; 403 (34 percent) health visits.
• 1,040 (88 percent) initial visits; 70 (6 percent) training/assistance visits; 76 (5 percent) follow-up vis-its.
• 989 (83 percent) private sector visits; 197 (17 percent) public sector visits.
• 345 (29 percent) manufacturing visits; 269 (23 percent) construction visits; 375 (31 percent) other
type visits; 197 (17 percent) public sector visits.
• Hazards identified and eliminated as a result of consultative visits totaled 7,517. Of these, 6,030 (80
percent) were serious hazards, and 1,487 (20 percent) were other-than-serious hazards.
In FY 2009 consultants also conducted 763 safety and health interventions, which included speeches, train-ing
programs, program assistance, interpretations, conference/seminars, outreach and other interventions.
The Safety Awards Program celebrated its 63rd 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 31 safety award banquets were held,
with a total of 3,100 in attendance. There were 2,027 Gold Awards, 315 Silver Awards, and 71 Million-
Hour Safety Awards for a total of 2,413 annual safety awards distributed. The very first 50th year plaque
was presented during the Safety Awards season.
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 recognition programs also enjoyed another year of growth and success.
25
N.C. Department of Labor 2009 Annual Report
OSH Compliance and Consultative Services personnel attend a partner-ship
celebration at the NASCAR Hall of Fame in Charlotte.
26
Occupational Safety and Health Division
Thirteen new Star sites were recognized, 25 Star sites were recertified, and 85 first-time Star interventions
were conducted. There are currently 119 companies in the Star Programs.
Table 6
Consultative Services Bureau Program, FY 2006 Through FY 2009
Comparisons FY 2006 FY 2007 FY 2008 FY 2009
Total Visits by Category
Safety 934 749 774 783
Health 302 389 384 403
Total 1,236 1,138 1,158 1,186
Total Visits by Type
Initial 1,016 959 994 1,040
Training and Assistance 112 88 102 70
Follow-up 108 91 62 76
Total 1,236 1,138 1,158 1,186
Total Visits by Industry Type
Manufacturing 382 291 366 345
Construction 346 306 322 269
Other 315 335 279 375
Public Sector 193 206 191 197
Total 1,236 1,138 1,158 1,186
The bureau conducted its first two Special Star Team Member (SSTM) training sessions in March. The
SSTM Program allows industry employees and qualified consultants the opportunity to work together in
partnership with the NCDOL Carolina Star Program during onsite Star Program evaluations.
The bureau continues to reach small employers and encourage participation in the Safety and Health
Achievement Recognition Program. In FY 2009 the bureau recognized 54 SHARP-related worksites,
bringing the total to 87 SHARP-related worksites. North Carolina is first in the nation among state plan
states in the number of SHARP participants and third overall when federal OSHA plan states are included.
ECMD employees join Labor Commissioner
Cherie Berry in displaying the SHARP flag
at the company’s Elkin facility. Five ECMD
locations have received the SHARP designa-tion
from the N.C. Department of Labor.
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.
Rulemaking
The Standards Section answered 4,592 inquiries for interpretations by phone or written correspondence for
employers and employees across the state. Additional work included review and adoption of rules clarify-ing
and specifying safety and training requirements for all workers. The Standards Section coordinated the
adoption of several new rules during this year including PPE training requirements, marine terminal vertical
tandem lifts, maritime, electrical scope clarification, and state-specific cranes and derricks rules.
Additionally, more than 27 field information system documents were reviewed, revised or approved for use
during this time. Six federal compliance directives were adopted including guidance for tree removal oper-ations
and the H1N1 influenza. Ten field operations manual chapters and 10 operational procedure notices
were written or updated, and a standards notice on dry-laid masonry walls was published.
Publications
In FY 2009, the bureau distributed 53,717 hard copy publications in support of the division’s outreach and
regulatory goals. Comprising that number were occupational safety and health standards for construction
and general industry that the division adopted and promulgated as state-specific standards; OSH and Wage
and Hour posters; and industry guides that were developed within the Standards Section of the Education,
Training and Technical Assistance Bureau.
Quick cards, many of which were adopted from federal OSHA and revised/developed in the Standards
Section, were printed for distribution during training events.
Many industry guides were reviewed and updated during the fiscal year. Some of them are now available
only by downloading from our Web site. The Standards Section also developed new industry guides on
transportation safety and combustible dust and created publications on several topics in English and
Spanish, such as excavations, process safety management, pneumatic nail guns and confined spaces.
Currently in development is a safety topics pamphlet for general industry workplaces that is similar to the
construction toolbox topics pamphlet.
The bureau mailed three hazard alerts to industries during this fiscal year. The subjects of the alerts were
ammonia, golf cart hazards and the Health Hazards Special Emphasis Program.
Partnerships and Alliances
ETTA, along with the East Compliance Bureau, oversees partnerships and alliances for the OSH Division
that benefit North Carolina workers. During fiscal year 2009, the division had 15 active partnerships and
alliances. Seven alliances were added in FY 2009. These included the N.C. Forestry Association, N.C.
Utility Contractors Association, N.C. Association of Professional Loggers, Forestry Mutual Insurance Co.,
Builders Mutual Insurance Co., Lamar Advertising Co., and Carolinas Roofing and Sheet Metal
Contractors Association. While one new partnership was established with Skanska, two partnerships with
BE&K and Crowder came to successful completion.
The Alliances and Partnerships Special Emphasis Committee revised its administrative procedure notice
(APN) to further define the differences between a partnership and an alliance. The APN also established a
27
N.C. Department of Labor 2009 Annual Report
maximum number of renewals allowed for an alliance
and partnership by one company or organization. The
committee is also working on an application process to
allow more variety in partnerships with respect to type,
length and location of construction projects.
Training and Outreach
In FY 2009, ETTA continued to focus on increasing effi-ciency
and effectiveness in providing outreach training
to all employers and employees across the state of North
Carolina. ETTA continues to offer training through a
variety of sources, including the OSH speaker’s bureau,
10- and 30-hour awareness courses, individual topic
workshops at the Charlotte, Raleigh, Winston-Salem and
Asheville Field Offices, and Web training.
In FY 2009, ETTA hosted multiple 10- and 30-hour gen-eral
industry and construction awareness courses. These
included five 10-hour and two 30-hour general industry
courses, and ten 10-hour and two 30-hour construction
industry courses. Four of the construction 10-hour cours-es
were delivered in Spanish. Nearly 100 percent of stu-dents
who attended the courses found them to be useful
in the workplace.
Overall, ETTAoffered more than 200 courses, forums and workshops in FY 2009. Nineteen of these events
were conducted in Spanish. In addition, ETTA provided an exhibit at numerous health and safety fairs as
well as industrial conferences. Throughout the fiscal year, the bureau provided training to more than 9,250
employers and employees throughout the state.
In an effort to ensure adequate focus on the OSH Division’s special emphasis programs, ETTA continued
to provide training to workers in high-risk industries such as construction, logging, arbory and agriculture
at or near their worksites using the Labor One mobile training unit. In FY 2009, seven training events were
hosted using Labor One.
New training and administrative procedures underway this fiscal year included the initial offering of electronic
certificates for all 10- and 30-hour workshops, individual topic workshops, and webinars and the pursuit of
an automated registration system for all internal and external courses. Having a fully automated system will
allow ETTA to focus more of the already limited resources on actual training rather than paperwork.
The training calendar continued to be successful and is available to the public on the NCDOLWeb site. In
addition, the ETTA newsletter, launched only three years ago, was e-mailed to more than 7,000 employees
and employers four times during the fiscal year. The calendar outlines course offerings and allows for
online registration, while the newsletter highlights the upcoming training schedule and offers information
with regard to a variety of NCDOL services.
Lastly, bringing a two-year combined effort of multiple OSH Bureaus to fruition, the first of more than 60
standardized safety and health presentations were made available to the public via the Internet.
Presentations are now available on the Internet for download so that each employer can tailor training to
meet their specific employee needs. The remaining presentations will be released over the next several
months. After release of the initial standardized presentations, ETTA plans to focus on industry-specific
presentations, beginning with those industries included in the OSH Division’s special emphasis programs.
28
Occupational Safety and Health Division
NCDOL officials gather with Lamar Adver-tising
leaders under a “Partners in Safety”
billboard after signing a partnership agreement
at the company’s Rocky Mount headquarters.
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 2008 injury and illness data) of
3,161 employers with a 99.8 percent response rate and a 100 percent clean rate. Five nonresponders
were referred to the Compliance Bureau.
• Completed an analysis of data collected from the 2005, 2006 and 2007 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 various chapters and operational proce-dure
notices in the Field Operations Manual.
• PSIM bureau chief participated as a member of a committee to draft the general rules and operational
procedures for how the Occupational Safety and Health Division will obtain and maintain medical
records related to OSH inspection and file activities.
• Analyzed public sector inspection activities for FY 2006, 2007 and 2008.
• Analyzed private sector site specific inspection activities for FY 2004–2008.
• Analyzed construction inspection activities for FY 2008.
• Completed FY 2008 Fatalities Comparison Report (analysis of OFIR Report data). (Figure 11 pres-ents
the fatality data for calendar years 2000 through 2009.)
• Various targeting schedules were updated and assignments released:
• Site Specific Targeting (SST) Schedule
• Public Sector Schedule
• General Industry Schedules (Safety and Health)
• Agricultural Safety and Health (ASH) Schedule
• Wood Products Schedule (NAICS Code 321 Only)
• Health Hazards Schedules
• 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.
• 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 2008 officially concluded in October
2009 with a 100 percent response rate and a 100 percent clean rate. Two survey mailings and more
than 1,500 phone calls were made to 3,144 survey participants resulting in only 11 nonresponders,
which were referred to the Compliance Bureau.
29
N.C. Department of Labor 2009 Annual Report
30
Occupational Safety and Health Division
• The project of quality control review is continuing and ongoing for OSH inspection files that have
been archived through the imaging process.
• Received 807 disclosure requests in FY 2009 and processed 753 requests (576 from FY 2009 and 177
from previous years) during this fiscal year, which resulted in a 93 percent response rate.
Figure 11
Fatalities Included in the Occupational Fatality Investigation Review, Calendar Years 2000 Through 2009
  
  
  
  
     
  
  
  
        $         "    #              	     
 
  
  
  
  
  

 
  
	 
  
    
  
31
N.C. Department of Labor 2009 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 Accounts Program.
Statistical Highlights for 2009
Budget and Management Division
• The annual budget for FY 2009 is $33,205,759; revenue: $15,568,920; appropriations: $17,636,839.
• The department’s appropriation decreased nearly $1.7 million.
• The number of positions lost was 14.
Communications Division
• Released 84 news releases and media advisories.
• N.C. Labor Ledger database grew to 10,897 subscribers.
• Publications Bureau produced more than 2.7 million impressions and processed almost 80,000 pieces
of outgoing mail.
• The NCDOL Library’s circulation of audiovisual materials totaled 3,927 items at an average of 328
per month.
Governmental Affairs Division
• Monitored the long session of the General Assembly.
Human Resources Division
• 398 employees as of Dec. 31, 2009.
Information Technology Division
• The help desk answered more than 2,300 calls.
• The department��s Web site had more than 1.3 million hits.
Legal Affairs Division
• The division assisted the Wage and Hour Bureau to decrease the backlog of claims. The division col-lected
about $90,000 in wages for complainants.
• The division initiated rulemaking for the Apprenticeship and Training Bureau, the Boiler Safety
Bureau, and the Occupational Safety and Health Division.
Research and Policy Division
• Conducted the Survey of Occupational Injuries and Illnesses and the Census of Fatal Occupational
Injuries. The 2008 SOII is the lowest number on record for the state.
• 557 IDA account holders have saved an aggregate $1,823,999, acquired more than $1,114,000 in match-ing
grant funds, and purchased an estimated $45,008,279 in assets since the beginning of the program.
Administration Division
Budget and Management Division
The Budget and Management Division’s 13 employees are responsible for all fiscal-related areas of the
agency. Job responsibilities are separated into four categories: budget/payroll/accounts payable, purchas-ing,
federal grant administration, and accounts receivable/collections. Reporting is done on a fiscal year
basis (July 1 through June 30). Table 7 provides data from FY 2006 through the first half of FY 2010.
Budget/Accounts Payable/Payroll and Purchasing
FY 2010 saw major budget changes as the Boiler Safety Bureau and Elevator and Amusement Device
Bureau changed from being designated as special funds to being designated as general funds. Also, the
General Assembly directed a 25 percent state appropriation reduction for the Apprenticeship and Training
Bureau to be offset by a new legislatively-mandated fee on companies and their apprentices. For FY 2010,
the Department of Labor is under an annualized cut in state appropriations of 6.75 percent. The division
continues to meet its internal benchmarks by paying and ordering items within five working days from
receipt, thereby enabling the department to continue its efforts to be fiscally responsible and prudent with
available resources.
Table 7
Budget and Management Division Activities, FY 2006 Through FY 2010
FY 2006 FY 2007 FY 2008 FY 2009 FY 2010
Annual budget $29,401,900 $30,009,525 $31,212,573 $33,080,501 $33,205,759
Revenue $14,480,684 $13,632,158 $13,920,958 $14,370,689 $15,568,920
Appropriations $14,921,216 $16,377,367 $17,291,615 $18,709,812 $17,636,839
Average no. of checks
written/month 530 509 489 462 407
Average monthly expenses $2,336,883 $2,357,893 $2,558,832 $2,567,270 $2,290,096
Percentage of invoices
received/paid within 5 days 98 98 99 99 96
Average number of purchase
orders issued/month 31 34 39 44 64
Monthly average value of
purchase orders issued $68,108 $51,872 $55,594 $87,041 $72,833
Percentage of purchase orders
issued within five days 100 100 100 100 100
Average monthly inspection fees
and penalties collected $604,365 $622,883 $684,099 $738,665 $729,125
Average monthly caseload for
collections 862 1,742 2,195 2,387 2,963
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:
• 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 went live on Aug. 10, 2009, with
32
Administration Division
our first online payment on Aug. 11, 2009. The PayPoint online payment application was introduced
to NCDOL by the Office of the State Controller, and the department became the state’s pilot agency
for the PayPoint online payment application.
NCDOL began with five consumer payments applications in August 2009—Amusement, Boiler,
Elevator, OSH/ASH, and Wage and Hour. At the present time, only three applications use consumer
payments. However, NCDOL accounts receivable staff use PayPoint as a processor for all credit card
payments for every bureau since a receipt is generated and can be e-mailed or faxed to customers. At
the end of 2009, the Apprenticeship application was added, and we plan to add four more in early
2010. There will eventually be 10 applications using PayPoint.
The feedback from customers has been very positive. Customers are pleased because it is user friendly:
they can pay online, and they get a receipt for their payment, compared to before when their check or
card statement was their only receipt. The NCDOL staff is pleased because they can e-mail receipts as
they process payments, two of the databases are updated after the payment is made, and they can also
see detailed reports in real time.
• Apprenticeship—In response to the adding of apprentice fees by the General Assembly, the Budget
Division worked in conjunction with the Apprenticeship Bureau and the NCDOL Information
Technology Division to create an application that would invoice and receive those fees. In addition
to invoicing and posting, the application will be able to provide necessary reports to NCDOL leaders
and to the General Assembly.
In conjunction with the Elevator and Amusement Device Bureau, the Budget Division accounts receivable
staff developed a “Billing from Raleigh/Budget” process that went live on April 15, 2009. Instead of the
company paying from the inspection report/invoice that is left at the time of elevator inspection, the Budget
Division generates invoices for each week and mails them directly to the party responsible for payment.
This process works very well, as it enables the payment to reach the Department of Labor’s Budget and
Management Division much sooner than by going through various channels before payment is received.
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, newsletters, 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.
The division edits all materials printed by the Publications Bureau and coordinates the posting of items on
the department’s Web site. The division released 84 news releases and media advisories, including work-place
fatalities, safety award winners, fair safety updates and other safety training events.
The department’s newsletter, NC Labor Ledger, subscription base grew from about 9,600 subscribers at the
end of 2008 to about 10,900 at the end of 2009. The division’s print shop provided more than 2.7 million
impressions and sent 967 electronic items. The print shop staff also processed nearly 80,000 pieces of out-going
mail in addition to distributing incoming mail for the department’s Raleigh area offices.
Library
The N.C. Department of Labor Library’s collection contains about 12,170 volumes, including 1,292 safety-related
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,
33
N.C. Department of Labor 2009 Annual Report
other libraries, organizations and the general public. Its purpose is to support the mission and goals of the
department to promote the health, safety and general well-being of the 4 million workers in the state.
To fulfill the needs of the agency and the public in 2009, the library staff responded to 2,696 telephone, fax
and e-mail requests. The audiovisual circulation totaled 3,937 audiovisual items (including 407 renewals)
at an average of 328 per month. Demand remained substantial in spite of the recession’s impact on the busi-ness
community. (See Table 8.)
Table 8
Library Statistics, 2008 and 2009
2009 Total 2009 Monthly Average 2008 Total
Phone, E-mail and Fax
Inquiries/Requests 2,696 225 2,676
Audiovisual Loans 3,927 328 4,165
Reference Questions 604 50 685
Walk-in patrons 958 80 1,103
The requests for information covered an interesting array of topics in 2009. Information requests included
Winston-Salem tobacco workers’ labor statistics (1900–1930), ergonomics, crane safety, Wage and Hour
Act legislative history, interlock definitions, green tobacco sickness, styrene, carbon monoxide, the
Moncure Plywood strike, Shelter-in-Place, Interim Life Safety Measures, workplace violence, and automo-tive
service centers.
The library also received requests for standards, including those dealing with slings, emergency eyewash,
cranes, ladders, machine safeguarding, automotive lifts, fall protection, hoists, lasers, protective footwear,
and pyrotechnics.
Governmental Affairs Division
The 2009-2010 General Assembly convened for the 2009 long session on Jan. 28, 2009, and adjourned
Aug. 11, 2009. During the long session, the Governmental Affairs Division tracked many bills that direct-ly
and indirectly affected NCDOL. Following are selected highlights of legislative issues relevant to the
N.C. Department of Labor.
2009-2010 Budget
SB 202—Appropriations Act of 2009
During 2009, North Carolina was faced with a historic budget shortfall of over $4 billion. Every area of
state government sustained cuts in the 2009-2011 biennial budget. The N.C. Department of Labor experi-enced
a reduction of $1,663,966, or 8.73 percent, and 14 positions were abolished.
Section 12.1 amends Chapter 94 of the General Statutes by adding a new N.C. Gen. Stat. § 94-12, which
directs that a $50 fee is imposed on each apprentice who is covered by a written apprenticeship agreement.
Apprentices of a state government department, agency or any other political subdivision of the state are
exempt from the fee. The department tried to show the General Assembly that the Apprenticeship Bureau
would be unable to generate the revenue predicted by legislative staff and that the imposition of these fees
could eventually eliminate the entire program. In light of the current budget problems, the department
asked that the General Assembly simply cut the Apprenticeship Program but not mandate the new fee.
Unfortunately, the House and Senate Appropriations Committees refused to consider this proposal, and the
fees were included. The apprenticeship fee became effective Aug. 15, 2009.
34
Administration Division
NCDOL New Laws
HB 22—Enhance Youth Employment Protections
This bill enacts N.C. Gen. Stat. § 95-25.23C which requires certain reporting of enforcement activities
related to youth employment. The bill lists 10 specific items that must be included in the report. The report
is due annually on February 1, beginning in 2010.
HB 23—Strengthen Child Labor Violation Penalties
This bill increases penalties associated with violations of the youth employment and recordkeeping provisions
of the Wage and Hour Act. The bill also increases OSH civil and criminal penalties if an OSH violation results
in the injury or death of a minor.
HB 557—Future Volunteer Firefighters Act
This bill adds a new section (n) to N.C. Gen. Stat. § 95-25.5, the youth employment section of the Wage
and Hour Act (WHA), which seeks to clarify that youths participating in training with a fire department are
exempt from the youth employment provisions of the WHA.
HB 722—Paraphernalia Control Act
This bill directs that certain glass vials and splitters must be sold from behind the counter at retail stores
and that purchasers must provide identification and a signature stating that the device will not be used for
drug related purposes. Of significance to the department, the bill amends the Retaliatory Employment
Discrimination Act by adding the Paraphernalia Control Act to the list of protected activities. This would
cover employees who report to law enforcement that their employer is not complying with the require-ments
under the act.
SB 114—Exempt Churches and Clubs LU/LA Elevators
This bill allows for the installation of limited use/limited access (LU/LA) elevators in private clubs and
religious organizations by exempting these facilities from certain provisions of the N.C. State Building
Code related to LU/LA elevators. As a result of this legislation, the Elevator and Amusement Device
Bureau will now be responsible for inspecting these devices. The bill also directs the commissioner to
adopt rules requiring that, in a building with more than one elevator, each car display a distinct number in
case of emergency.
SB 643—Amend Drug Exam Regulation
This bill amends N.C. Gen. Stat. § 95-232(c1) of the Controlled Substance Examination and Regulation
Act (CSERA). Currently, CSERA requires that if a preliminary screening procedure or other screening test
returns a positive result, the sample shall be subject to a confirmation test by an approved lab. This confir-mation
requirement applies to both prospective and current employees. The bill allows prospective
employees (applicants) to waive their right to the confirmation test if that employee signs a written waiver
at or after the time they receive the positive initial result. The bill sponsor stated that the intent of this leg-islation
was to potentially reduce costs for employers, as confirmation tests are much more expensive than
the preliminary quick tests that are initially given to prospective employees.
SB 1019—Establish N.C. Financial Literacy Council
This bill creates the N.C. Financial Literacy Council, which is tasked with monitoring and assisting the
N.C. Department of Public Instruction with the coordination of statewide delivery of financial information
within the public schools. The council will also work to expand access to financial education resources in
communities statewide. The bill designates a representative of the N.C. Department of Labor as a member
of the council.
35
N.C. Department of Labor 2009 Annual Report
Bills Introduced That Did Not Become Law
• Legislation to add five OSH compliance officers and five wage and hour investigators to specifically
enforce compliance with youth employment laws.
• Legislation to delegate OSH enforcement authority of poultry processing plants to the state health
director.
• Legislation to increase from a 60-day notice that employers have to alert employees and government
officials of mass layoff/plant closing to a 90-day notice (Worker Adjustment and Retraining
Notification Act—WARN).
• Legislation to appoint a representative from the N.C. Department of Labor to serve on an unemploy-ment
response team in counties that experience unemployment rates above 15.5 percent for two con-secutive
months.
• Legislation to create a new state agency called the Employment Safety and Security Commission.
• Legislation to raise the minimum wage and to provide mandatory rest breaks and paid sick leave.
Human Resources Division
The Human Resources Division supports the department through the administration and management of
workplace services and the personnel policies and procedures established by the State Personnel Act (N.C.
Gen. Stat. § 126). Human Resources chronicled new hires, separations from services, promotions within
the department, job postings, applications received, and total personnel actions processed. In addition the
two part-time receptionists in the Labor Building assisted the department by responding to 17,176 phone
calls in 2009.
Working with a third party administrator, Human Resources administers the department’s workers’ com-pensation
program. There were 19 reported and filed claims during 2009. Of these, six qualified as OSHA
recordable injuries. Table 9 provides a comparison of HR activity in calendar years 2006 through 2009.
Table 9
Human Resources Activities, Calendar Years 2006 Through 2009
2006 2007 2008 2009
New Hires 37 51 20 14
Separations 44 42 33 20
Promotions 21 21 25 12
Job Applications Received 2,021 1,828 2,416 1,035
Personnel Actions Processed 770 493 273 102
Total Positions on 12/31 429 430 434 419
Total Employees on 12/31* 411 421 407 398
*includes part-time employees
sharing one position 6 6 6 6
Positions Posted for the Year 98 100 66 36
Average Employee’s Age 49 48 49 49
Average Employee Service Months 135 135 159 148
Information Technology Division
The Information Technology Division provides the N.C. Department of Labor with information technolo-gy
services for the analysis, design, engineering and acquisition of all hardware and software, while pro-viding
daily service and support through installation, operation and maintenance of computers, servers,
36
Administration Division
printers, local area networks and wide area networks. Support is provided to applications software and
server operating systems software as well as hardware. The division also provides database design and
administration. The division also supports a federal-level information system (Integrated Management
Information System (IMIS)), which is used by the Occupational Safety and Health Division.
The IT Division has made significant progress toward modernization of the agency network infrastructure
through acquisition and installation of replacement network switches and uninterrupted power source
(UPS) equipment at multiple locations, including the OSH Chapanoke office, Wilmington, and the Labor
and Old Revenue Buildings. In addition to the recurring bulk purchase orders for desktops/laptops/printers
and associated software, which included acquisition, configuration and installation, all laptops in the
agency were equipped with encryption software to provide better security.
A new standard statewide electronic mail system, including electronic calendaring, was implemented
throughout the agency. Working with the NCDOL Budget and Management Division and the Office of the
State Controller (OSC), NCDOL became the first agency in the state to implement a new credit card pay-ment
system.
Upon notification that the agency was removed from the ITS Phase III Consolidation effort, priorities
shifted to an assessment of how the IT Division might improve support to units throughout the agency.
Interviews with 13 units were conducted to determine high level business requirements that require IT
support, with a goal to use the outcomes as a business plan to drive the technology strategy for the
future.
Applications Services Section
Administration Division
• Budget: programmed new online payment system (PayPoint) for Elevator Bureau and Wage and
Hour Bureau penalties; created reporting program to list and summarize PayPoint usage and results;
created prototype Web-based OSHA penalty tracking program; implemented penalty e-payment using
PayPoint front end and generated ace report to generate penalty balance and an autorun capability in
the NCRs to produce daily reports that are transferred into the OSH penalty e-payment system; and
provided IT project management service for the PayPoint project implementation.
• Communications: created online public registration programs for the Labor Ledger newsletter and
New Business Packet mailings; developed internal search, export and reporting programs for regis-trant
information.
• Library: conducted survey to determine usage of Reference USA product, which ultimately resulted
in a leveraged price reduction for the service.
• IT: linked real-time Elevator, ASH, and Wage and Hour data to public Internet search pages; config-ured
and deployed new DMZ Coldfusion Server.
Occupational Safety and Health (OSH) Division
• Provided IT liaison support between OSH and federal OSHA staff, including submission of various
information/data.
• PSIM: provided maintenance and enhancement support to OSH Targeting System, the various
Compliance assignment schedules within the OSH Targeting System, and the two databases that sup-port
the OSH Targeting System; provided maintenance and support to OSH Public Sector Survey
process and the survey database.
• Compliance and Consultative Services: provided maintenance and support to the OSH Complaint
Desk Log System; provided IMIS support.
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N.C. Department of Labor 2009 Annual Report
• ASH: developed new ASH reports; added ad hoc listings and counts; modified 2009 grower registra-tion
letter.
Standards and Inspections Division
• Apprenticeship: provided test and debug support for the new Apprenticeship application; developed
new invoicing system for Apprenticeship.
• Elevator and Amusement Device: developed centralized invoicing capability from Raleigh; changed
the inspector upload/download programs; enhanced reporting by adding additional search criteria to
the new Elevator Log Report and added query to list inspector address changes; created subset of
Elevator database for exporting to GIS vendor for a prototype development; and modified
Amusement Device Inspection System to handle advance location number assignments.
• Wage and Hour: modified inspector assignment programs to accept transfer to second inspector; cre-ated
various ad hoc listings, counts and reports.
PC Support Section
• Anew electronic mail system with calendaring function was implemented throughout the department.
• Encryption software to improve security was installed on all laptop equipment.
• Network switches along with UPS units were installed at the Chapanoke, Wilmington, Old Revenue
and Labor buildings.
• Server software security patches were installed throughout the year.
• Ghosting image software was acquired in the last quarter of the year and has improved the efficiency
of desktop and laptop configurations and will expedite some problem resolutions for this equipment
when needed.
Table 10 reflects numbers reported for each category listed.
Table 10
Information Technology Division Activity, 2006 Through 2009
2006 2007 2008 2009
Annual Help Desk Calls 1,831 2,654 2,101 2,319
Equipment Services and Setups 83 182 278 453
PC and Laptop Purchases 63 113 327 209
Printer Purchases 83 82 159 67
Internet Site Hits 600,000 1,065,125 1,191,128 1,384,415
Internet Development
• There were 709 additions, updates and changes made to the Web site in 2009.
• PowerPoint presentations on the Internet were streamlined to be in line visually with federal OSHA.
• The Web site was modified to accommodate receipt of online credit card payments through the new
PayPoint system.
• The first phase of the Internet redesign was initiated with an estimated completion date of the end of
2010.
Intranet Development
• Continued progress on intranet redesign.
• Created web forms for multiple units.
38
Administration Division
• Added elevator ride manuals and NDT requirements to Elevator page.
• Added usage report capability to intranet site.
• Provided updates to most unit pages (including weekly and monthly occurrences to OSH director,
Standards and Inspections director, Compliance, PSIM).
• Collaborated with Apprenticeship on page design changes to the new application for the bureau.
• Created processes for adding LEP to the NCR system.
• Provided login and access support to the federal OSHA extranet site.
• Provided assistance/support to NCR system administrators.
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.
Wage and Hour Cases
From January–June 2009, the Legal Affairs Division assisted the Wage and Hour Bureau to decrease the
backlog of wage complaints. The division received responses from employers on about 88 percent of the
1,138 complaints handled and collected about $90,000 in wages for employees across North Carolina.
Approximately one-third of the 1,138 cases were settled or collected upon and were closed by the division.
The remaining cases were transferred to the Wage and Hour Bureau.
Wage and Hour Judgments
In 2009, the Legal Affairs Division began assisting the Attorney General’s Office in collecting outstanding
wage and hour judgments. All outstanding judgments have had action taken on them and are in different
stages of the collection process. After being served with their notice of rights, some judgment debtors have
contacted the Attorney General’s Office and made payments arrangements to satisfy their wage debts.
Some cases have been closed due to judgment debtors filing for protection under the U.S. Bankruptcy
Code, and others have sheriffs’ departments across the state serving writs of execution in an attempt to
either collect monies or attach property to satisfy the debts. The division will continue to actively pursue
collection of these wages for the employees to whom they are owed.
Rulemaking
Apprenticeship and Training Bureau
Apprenticeship Fee Rules
On Aug. 5, 2009, the N.C. General Assembly enacted SL 2009-451, which reduced funding to NCDOL’s
Apprenticeship Bureau by 25 percent. SL 2009-451 was signed by the governor on Aug. 7, 2009. To sup-plement
this large budgetary loss and to avoid an operating expense shortfall by the bureau, Section 12.1
of SL 2009-451 created a new section of Chapter 94, N.C. Gen. Stat. 94-12, to establish a fee for new and
current apprenticeships. Effective Aug. 15, 2009, this new statute imposed fees in the total amount of $50
on each apprentice who is covered by a written apprenticeship agreement under Chapter 94. Therefore,
emergency/temporary rulemaking was initiated to impose the new fees as quickly as possible, and the
emergency rules became effective on Aug. 27, 2009. A public hearing was conducted on Sept. 1, 2009 and
39
N.C. Department of Labor 2009 Annual Report
the proposed temporary rules were effective on Oct. 29, 2009. Permanent rulemaking will be initiated early
in 2010.
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, the N.C. Mechanical Code, and to clarify or standardize certain references/information
contained in the current rules.
Occupational Safety and Health
Crane and Derrick Rules (13 NCAC 07F .0901–.0927)
On Nov. 20, 2008, the department filed notice of text to adopt rules pertaining to cranes and derricks. Due
to significant changes in construction consensus standards and requests from several industry stake-holders,
federal OSHA had 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 per-form
construction activities and will affect establishments across a variety of different construction
industries with work involving cranes and derricks. However, due to a number of factors affecting
the federal rulemaking process, a final rule is not expected from federal OSHA until July 2010 at the
earliest.
As a result, the N.C. Department of Labor decided to take a proactive approach toward protecting those in
North Carolina who operate and work around cranes and adopted new state-specific rules for cranes and
derricks that mirrored, with some minor exceptions, the federal consensus document submitted to federal
OSHA by the Cranes and Derricks Negotiated Rulemaking Advisory Committee (C-DAC).
The public hearing was held Jan. 15, 2009, and after some changes made pursuant to public comments, the
rules became effective on Oct. 1, 2009. This was a major accomplishment for NCDOL, as North Carolina
became the first state in the nation to enact a comprehensive set of rules regulating the crane and derrick
industry. These rules were high profile and somewhat controversial, which caused them to consume a great
amount of the Legal Affairs Division’s time during 2009.
Toxic and Hazardous Substances (13 NCAC 07F .0106)
In 1971, the federal Occupational Safety and Health Administration promulgated 425 permissible exposure
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, NCDOL adopted the new PELs verbatim pursuant to N.C. Gen. Stat. § 95-131(a). However, to com-ply
with a legal decision by the U.S. Court of Appeals, 11th Circuit, NCDOL repealed the lower PELs and
reverted to the PELs contained in 29 CFR 1910.1000. The division filed the notice of text to repeal 13
NCAC 07F .0106 on Dec. 18, 2008, a public hearing was held on Jan. 30, 2009, and the repeal was effec-tive
on May 1, 2009.
Medical Records (13 NCAC 07A .0901; 13 NCAC 07A .0902; 13 NCAC 07A .0903; 13 NCAC 07A
.0904; 13 NCAC 07A .0905; 13 NCAC 07A .0301)
Effective Aug. 22, 2007, the U.S. Department of Labor’s Occupational Safety and Health Administration
issued Directive Number CPL 02-02-072, which provided guidance to OSHA personnel concerning applica-tion
of the rules of agency practice and procedure set forth at 29 CFR 1913.10 when accessing personally
identifiable employee medical records. Guidance was also provided concerning authorization to conduct
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Administration Division
limited review of specific employee medical information when OSHA standards require such information and
there is a need to gain access for the purpose of determining compliance. However, there were certain pro-visions
of CPL 02-02-072 and 29 CFR 1913.10 that do not comport with current practices of NCDOL’s
Occupational Safety and Health Division. Therefore, NCDOL proposed to amend 13 NCAC 07A .0301 to
remove the incorporation by reference of 29 CFR 1913.10, and to adopt 13 NCAC 07A .0901–.0905, which
are at least as effective as the federal standards referenced above to effectively safeguard personally iden-tifiable
employee medical records. The division filed the notice of text Oct. 23, 2009, a public hearing was
held on Dec. 8, 2009, and the proposed effective date of the rules is March 1, 2010.
General Industry (13 NCAC 07F .0101), Construction (13 NCAC 07F .0201), Shipyard Employment
(13 NCAC 07F .0501) and Marine Terminals (13 NCAC 07F .0502)
The division was also involved in a number of verbatim adoptions of changes to Title 29 of the Code of
Federal Regulations promulgated by federal OSHA, including changes to Part 1910—General Industry,
Part 1915—Shipyard Employment, Part 1917—Marine Terminals, and Part 1926—Construction. These
verbatim adoptions are required to ensure that North Carolina’s state plan is “at least as effective as” the
federal OSHA program. Below are summaries of some of the topics covered by the 2009 verbatim adoptions:
Electrical Installation: On Oct. 29, 2008, in 73 FR 642020-64205, OSHA published a final rule to clarify
the scope of one provision in the electrical installation standard for general industry, which became effec-tive
on Aug. 13, 2007, addressed questions raised by stakeholders regarding application of the provision,
and corrected two typographical errors located elsewhere in the final rule. The affected rules were 29 CFR
1910.303 and 1910.304.
Vertical Tandem Lifts: On Dec. 10, 2008, in 73 FR 75246-75290, OSHA published a final rule to adopt
new requirements related to the practice of vertical tandem lifts (VTLs). The final standard adopted per-mits
VTLs of no more than two empty containers provided certain safeguards are followed. The affected
rule was 29 CFR 1917.71.
Personal Protective Equipment: On Dec. 12, 2008, in 73 FR 75570-75589, OSHA published a final rule
to clarify the personal protective equipment (PPE) and training requirements to ensure that OSHA main-tains
its ability to treat an employer’s failure to provide PPE or training to each covered employee as a sep-arate
violation. The affected rules were 29 CFR 1910.9, 1910.95, 1910.134, 1910.156, 1910.1001,
1910.1003, 1910.1017, 1910.1018, 1910.1025, 1910.1026, 1910.1028, 1910.1029, 1910.1030, 1910.1043,
1910.1044, 1910.1045, 1910.1047, 1910.1048, 1910.1050, 1910.1051, 1910.1052, 29 CFR 1915.9,
1915.1001, 1915.1026, 29 CFR 1917.5, 29 CFR 1926.20, 1926.60, 1926.62, 1926.761, 1926.1101,
1926.1126, and 1926.1127. Thereafter, on Jan. 9, 2009, in 74 FR 858, OSHA published a correction to clar-ify
the employers’ duty to each employee regarding the above. The affected rule was 29 CFR 1926.1101.
On Sept. 9, 2009, in 74 FR 46350–46361, OSHA issued a final rule to revise the personal protective
equipment sections of its standards regarding requirements for eye and face protective devices, head pro-tection,
and foot protection. These revisions were a continuation of OSHA’s effort to update or remove ref-erences
to specific consensus and industry standards located throughout its standards. The affected rules
were 29 CFR 1910.6, 1910.94, 1910.133, 1910.135, 1910.136, 1910.252, 29 CFR 1915.5, 1915.153,
1915.155, 1915.156, 29 CFR 1917.3, 1917.91, 1917.93, and 1917.94.
Acetylene Standard: On Nov. 10, 2009, in 74 FR 57883–57884, OSHA issued a final rule to confirm the
effective date of its direct final rule as published in 74 FR 40442–40447 on Aug. 11, 2009. The direct final
rule stated that it would become effective on Nov. 9, 2009, unless significant adverse comments were
received by Sept. 10, 2009. Although OSHA received comments, they were not considered significantly
adverse. Therefore, OSHA confirmed that the direct final rule became effective on Nov. 9, 2009. The
affected rule was 29 CFR 1910.102.
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N.C. Department of Labor 2009 Annual Report
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 divi-sion
also provides staff support to the commissioner and other divisions within the department and helps
to establish and revise policy guidelines. The Individual Development Accounts Program provides assis-tance
to low-income individuals toward attaining self-sufficiency through homeownership, microenter-prise,
or education 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 3.4 for every 100 full-time
employees in 2008, which is below the national average of 3.9. The 2008 SOII figures for North
Carolina are the lowest on record for the state. (See Figure 12.)
Figure 12
Occupational Injury and Illness Rate for North Carolina,
Private Sector, Calendar Years 2000 Through 2008
Source: U.S. Bureau of Labor Statistics
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
education and training where needed. Bureau of Labor Statistics figures (from the Census of Fatal Occupa-tional
Injuries) show that North Carolina suffered 160 work-related deaths in 2008. (See Figure 13.)
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.
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Administration Division
 
 
 
 
 
 
 
 
 
 


 
 
 
 
	
 
   
 
 
 
 
   
 
 
 
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Figure 13
Census of Fatal Occupational Injuries Data, Calendar Years 2000 Through 2008
Source: U.S. Bureau of Labor Statistics
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 is also a participant in the North Carolina Assets Alliance. The Alliance edu-cates
the public and policymakers about asset-based strategies that promote economic security and pros-perity
for all North Carolinians.
The NCDOL IDA Program continues to host training 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 2009, the department was awarded its fifth Assets for
Independence (AFI) grant. In this grant, NCDOL will partner with multiple state and local agencies to pro-vide
75 IDAs for the purposes of homeownership, microenterprise and post-secondary education.
According to year-end statistics for 2009, the NCDOL IDA Program consists of 23 sites that serve 43 counties.
Total Graduates From NCDOL IDA Programs: By the end of 2009, a cumulative total of 557 partici-pants
had graduated from the IDA Program in homeownership, micro-enterprise or post-secondary educa-tion.
These graduates purchased 491 homes, started 35 businesses and made 31 educational investments.
From 1999 to 2009, IDA account holders saved an aggregate $1,823,999, acquired more than $1,114,000
in matching grant funds, and purchased an estimated $45,008,279 in assets.
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N.C. Department of Labor 2009 Annual Report
   
   
 
 
 	   	 
 
   
	
  	
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