By Lea Efi rd, Summer Intern
Agricultural Safety and Health Bureau
The Agricultural Safety and Health Bureau conducted an on-farm
training event at Leggett Farms in Nash County on Thursday, June 9.
The all-day safety and health training was organized and sponsored
by Good Agricultural Practices (GAP) Connections, which conducts a
U.S. Tobacco Program for growers and workers. It strives for industry-wide
cooperation between state, private and nonprofi t entities to train
growers and workers and encourage sustainable growing practices for
tobacco.
The eight stations at the event were staffed by the N.C. Department of
Labor, the U.S. Department of Labor’s Wage and Hour Division, the
Equal Employment Opportunity Commission, Greene County Heath
Care, Telamon, and the N.C. Farmworker’s Project. GAP hopes to be
able to replicate this training in other tobacco-growing states, inspired
by the on-farm trainings originally designed by the ASH Bureau.
Topics at the event included fair wages and hiring practices
(USDOL), housing and fi eld sanitation, farm machinery safety, CPR
and fi rst aid, and how to prevent heat stress and green tobacco sickness.
NCDOL employees staffed three stations: CPR, farm machinery
safety, and housing and fi eld sanitation. The training, which took place
in both morning and afternoon sessions, trained 360 workers and 40
growers in 20-minute segments for each station.
As the summer intern for ASH, I had never conducted one of these trainings before and was unsure of what to expect. I was nervous, since I had been
assigned to translate for Mine and Quarry Bureau Chief William Gerringer at the CPR station and know only a little about CPR myself. I was terrifi ed
of not doing a good enough job and not being able to communicate the vital information he was talking about. However, this training turned out to be an
extremely enjoyable experience.
Yes, we had to meet at a very early hour (5:30 a.m.) to arrive at the training site on time. Yes, it was a very long day, ending at 5 p.m. that afternoon. But
yes, I was able to help train workers and growers. And more importantly, I got to see them enjoy themselves, particularly the workers. I got to see people
who work long, hard, hot days laughing and fi lming their friends and co-workers as they practiced CPR on our plastic dummies. I got to clap out the proper
100 beats-per-minute CPR rhythm to songs by the Beegees, Shakira, Enrique Iglesias and J. Balvin.
Most importantly, I got to see why ASH does what it does, why its staff members go through the trouble of doing their jobs despite all the logistical,
legal and cultural barriers. I was able to see dedicated people from NCDOL and other agencies come together because they truly care about the safety and
health of workers. I got to see the growers who cared enough about their workers to bring them to this training and to pay them for the day’s training. I got
to know a few of the many of farmworkers who call North Carolina home, at least for part of the year.
And despite being tired and sore at the end of a long day, I am thankful for having the opportunity to have been at least a small part of it.
       	         	
       
   
        	
   
      	  

   
     

            
 

On-Farm Training
A Day in the Life of a Summer Intern
July-August 2016
Mine and Quarry Bureau Chief instructs farmworkers in hands-only CPR at the
on-farm training in Nash County on June 9.
NCDOL Photo Library
Nova Development
This issue of the Labor Ledger includes three articles
written by our summer interns. Our department has hosted
summer interns for many years.
This year’s interns have served in three areas. Lea Efi rd
has worked with the Agricultural Safety and Health Bureau
of our OSH Division. She is a rising senior at UNC-Chapel
Hill. Rachel Nixon, a rising junior at UNC-Chapel Hill, has
worked in the Commissioner’s Offi ce with the Governmental
and Constituent Affairs Division. Chris Miller has worked in
the Commissioner’s Offi ce with the Legal Affairs Division this
summer. He will be a second-year student at the UNC-Chapel
Hill School of Law in the fall.
Seeing these young people learn and grow assures me that
our state’s future is going to be bright. I thank them for the
work they’ve done this summer and look forward to hearing
about their future successes.
We wrapped up another successful safety awards season
June 24 with the Mount Airy banquet. I want to thank all the
co-sponsors of the banquets who help us recognize employers
and employees across our state for achieving exemplary
safety records.
Once again, we set many records for attendance and awards
at the banquets. (See page 4.) While there is room in this
newsletter for those companies with 20 or more consecutive
years of receiving an award and those with 3 million hours
or more without a lost-time accident, I congratulate all the
recipients for keeping safety a priority.
Inside this edition:
Holly Springs Facility Earns Carolina Star page 3
Gate Precast’s Oxford Facility Lands SHARP Award page 3
Daniels & Daniels Receives SHARP Certifi cation page 4
Safety Awards Season Wrap Up page 4
Safety Award Highlights page 5
New Electronic Recordkeeping Rules page 6
Zip Line Regulation in NC page 6
2016 OSHA Standards Books Available page 7
Deadly Mistakes page 8
Workplace Worries page 8
Bulletin Board page 9
From Labor
Commissioner
Cherie Berry
Recognition Roundup
Recognition Roundup identifi es businesses that qualify for one of the
N.C. Department of Labor’s recognition programs. Congratulations to all
of the recent award recipients. To view a complete list of all North Carolina
Star recipient companies, click here.
To view a complete list of all North Carolina general industry SHARP
companies, visit www.nclabor.com/osha/consult/sharp_sites.pdf.
Safety and Health Achievement Recognition Program
(SHARP)
Lampe & Malphrus Lumber Co. Inc., Smithfi eld
Energy United Electric Membership Corp., Statesville
Carolina Star
Edgecombe Genco, LLC, Battleboro
OPW Retail Fueling, Smithfi eld
Rising Star
JPS Composite Materials, Statesville
Editor ................................................................Neal O’Briant
Layout and Design ..............................................Jeff Wilson
Publications Bureau Chief ......................... Mike Daniels
1101 Mail Service Center, Raleigh, NC 27699-1101
1-800-625-2267  www.nclabor.com
        	
   
      	  

Cherie Berry
Commissioner of Labor
2
Copyright © 2016 by N.C. Department of Labor
All photographs, graphics and illustrations
are property of the N.C. Department of Labor
or are used by permission/license of their respective copyright holders.
Public Sector Star
City of Greensboro, Field Operations Department, Greensboro
(recertifi cation)
N.C. Department of Agriculture & Consumer Services,
Border Belt Tobacco Research Station, Whiteville (recertifi cation)
Catawba County Public Health, Hickory (recertifi cation)

3
Holly Springs Facility Earns Carolina Star
By Carlene Harris, Carolina Star Program Consultant
The N.C. Department of Labor recently certifi ed Seqirus
as a participant in the Carolina Star Program. State Labor
Commissioner Cherie Berry attended a ceremony at the
company’s facility in Holly Springs on June 8 to present
company offi cials with the Carolina Star fl ag and a certifi cate.
“Being a Carolina Star shows the community that you
are committed to a safe work environment,” Commissioner
Berry said. “A good safety record is something to be proud
of, and I am happy to recognize all Seqirus employees for
working hard to make safety a priority.”
One of the highlights of the day for Commissioner Berry
was a safety rap presented by Seqirus employee Randy
Johnson. He generously allowed us to post a video of him
performing the rap here on our Facebook page.
The Carolina Star is the most prestigious safety
recognition given by the N.C. Department of Labor.
Companies that qualify for the award have exemplary
safety and health programs in the workplace. There are 152
Carolina Star sites across North Carolina.
Seqirus Inc. is a vaccine manufacturing site in southern
Wake County that employs more than 700 for the research
and manufacture of human infl uenza vaccines. The Holly
Springs site is a counterpart of CSL, a global healthcare company based in Switzerland that provides solutions to address the evolving needs of patients
worldwide. In July 2015, bioCSL and the infl uenza vaccines of Novartis joined forces to create to “Seqirus,” which derives from the term “securing health
for all of us.” Seqirus is now the second largest infl uenza vaccine company in the world.
“We were honored to have Commissioner Cherie Berry from the N.C. Department of Labor at the Holly Springs site to offi cially present us with our
Carolina Star certifi cation, which we received in March of this year,” said Dave Sehgal, Director of Quality, Seqirus, Holly Springs. “Out of the thousands
of companies in North Carolina, there are only about 150 sites that have been honored with this recognition. Becoming a Carolina Star facility demonstrates
to our employees and our community that we have successfully implemented a high quality safety and health program and are now a leader in the health
and safety fi eld. I want to congratulate and thank everyone in Holly Springs for their signifi cant effort to make this possible.”
The Holly Springs facility also celebrated two milestones this year in the department’s Safety Awards Program: receiving a gold award for the ninth
consecutive year as well as a million-hour award for achieving more than 7 million hours without a lost-time injury.
Seqirus employees join NCDOL and Holly Springs offi cials in displaying the Carolina Star
fl ag and certifi cate. From left to right, Shandalyn Matson, Seqirus; Tom Gehrin, Seqirus;
Carlene Harris, NCDOL; Chad Salisbury, Seqirus; Commissioner Cherie Berry; Charles
Simmons, Town of Holly Springs; Dan Moskey, Seqirus; Sean Rasmussen, Seqirus; Tom
Jede, Seqirus; Dave Sehgal, Seqirus; and Jenny Mizelle, Town of Holly Springs.
Photo courtesy of Seqirus
Gate Precast’s Oxford Facility Lands SHARP Award
By Bob Madison,
Gate Precast, Manager, Safety/Human Resources
During a June 2 ceremony, North Carolina
Commissioner of Labor Cherie Berry presented Gate
Precast’s Oxford facility with both the distinguished
Safety and Health Achievement Recognition Program
(SHARP) Award and the 2 Million Employee Hours
Safety Award.
Gate Precast was recertifi ed as a SHARP company
after a full-service visit and review by the N.C.
Department of Labor, which found that the Oxford
facility’s injury and illness rates were below the
national average for their industry. Additionally, Gate
has an active safety committee dedicated to ensuring
the workplace remains safe.
Designated for small- to mid-size businesses, the SHARP award honors those companies that have developed and maintained good safety programs for
workers. These awards recognize the teamwork, dedication and focus on safety and health by all employees at the Oxford site.
Labor Commissioner Cherie Berry helps employees of Gate Precast hold up the SHARP
banner during a celebration at the company’s Oxford facility.
Photo courtesy of Gate Precast
continued on page 4
Gate Precast’s Oxford Facility Lands SHARP Award
4
By Jiles Manning, Industrial Hygiene Consultant
Consultative Services Bureau
The NCDOL’s Consultative Services Bureau recognized
Daniels & Daniels Construction Co. as a SHARP Construction
Company on July 15 at the company’s offi ces in Goldsboro.
“The SHARP Construction Program is one of the most
prestigious safety and health recognition programs for the
construction industry in North Carolina,” said Kevin O’Barr,
bureau chief for Consultative Services. “Daniels & Daniels joins
an elite group of construction companies that have worked with
NCDOL’s Consultative Services Bureau to improve safety and
health in the construction industry in North Carolina through
their participation in this program.”
Daniels & Daniels Construction Co. has been providing
construction management services in North Carolina since 1962.
The company has been working diligently over the course of
several years to develop a superior safety and health management
system with a strong emphasis on helping sub-contractors elevate their own safety programs while working on Daniels & Daniels jobsites.
The SHARP Construction banner will fl y over the site of new construction and renovation at Wallace Elementary School in Wallace. This will be one of
only fi ve currently active SHARP Construction projects in eastern North Carolina. The project will include the construction of a new gymnasium, a new
two-story classroom building and an extension to the cafeteria. Renovation of existing buildings at the site will also be part of the project. The project is
scheduled to last 15 months and will involve about 15 subcontractors.
Chuck Murdock and I will represent N CDOL’s Consultative Services Bureau on this project. We will conduct frequent site visits and act as a safety and
health resource for Daniels & Daniels throughout the project. This collaboration should lead to the establishment of a safe work environment for everyone involved.
Daniels & Daniels Receives SHARP Construction Certifi cation
Daniels & Daniels Construction offi cials proudly display the SHARP fl ag. From left to right,
Jeremiah Daniels, VP of Operations; Shannon Longfellow, Superintendent; Mike Bryan, SSHO;
John Schultheis, Project Manager; and Glen Plummer, Corporate Safety Director.
NCDOL Photo Library
“The dedication exhibited by our employees in achieving and maintaining SHARP status is an outstanding accomplishment,” said Gate Vice President
and Oxford Operations Manager Travis Fox. “Gate is the only SHARP certifi ed business in Granville County.”
The presentation of the 2 Million Employee Hours Safety Award was equally signifi cant.
“I am very proud of our team in achieving 2 million employee hours worked with no lost-time injuries, which goes back to May 2009,” said Plant
Manager David Owen.
The Oxford facility services projects in North and South Carolina, Virginia, Maryland, Washington, D.C., and New York, and began operations in
1986 as a producer of architectural precast and prestressed hollow core slabs. Gate Precast acquired the facility in 1995, introducing state-of-the-art
improvements. The facility employs 145 and is situated on 41 acres with 75,000 square feet of production area. Gate facilities in Winchester, Kentucky, and
Ashland City, Tennessee, have also maintained SHARP status for over fi ve years .
continued from page 3
Safety Awards Season Wraps Up
By Eursula Joyner, Safety Awards Coordinator
The N.C. Department of Labor concluded another successful safety awards season in June after presenting a record-setting 3,352 awards to workplaces
for outstanding workplace safety and health achievements, including 119 Million Hour Awards earned by companies.
The program, which began in 1946, recognized the recipients at a series of 30 banquets across the state that more than 3,500 people attended.
Under program rules, recipients must be free of fatal accidents at the site. The gold award criteria are based on a DART rate—which includes days away
from work, restriction or transfer—that is at least 50 percent below the industry rate. To receive a silver award, applicants must attain a days away from
work incidence rate of at least 50 percent below the industry average. Million-hour awards are earned for 1 million employee hours worked, or multiples
thereof, with no injuries or illnesses involving days away from work.
“We had another great safety awards season this year,” Commissioner Berry said. “Many banquets saw record attendance, which shows how much these
companies value workplace safety and health.”
Participation in the program is voluntary. Interested companies may fi ll out the application request form at www.nclabor.com/osha/etta/safety_
programs/safety_awards_mailing.htm. Applications will be sent in January.
Safety Award Highlights
5
20th Consecutive Year
American Offset Printing Ink Inc.
City of Sanford, Water Treatment Plant
County of Wilson, Department of Social Services
Duke Energy, Lincoln Combustion Turbine Station
Harrison Construction Co., Hayesville Quarry
Onslow County Government, Board of Elections
Onslow County Government, Cooperative Extension
Onslow County Government, Museum
Onslow County Government, Register of Deeds
Onslow County Government, Veteran Services
21st Consecutive Year
Debbie’s Staffi ng
22nd Consecutive Year
City of Asheboro, Administrative
GE Aviation
23rd Consecutive Year
HSM Solutions, Regional Sales Offi ce
Lee County, Library System
Southern Industrial Constructors Inc., GE Wilmington Site
24th Consecutive Year
Asheville Urological Associates Inc.
FMC, Lithium Division, Technology Department
New Hanover County, Information Technology
25th Consecutive Year
Curtiss-Wright Sensors & Controls, Actuation Systems Division
Global Nuclear Fuels—Americas, Fuel Component Operation (FCO)
26th Consecutive Year
Del-Mark Inc.
Safety and Health Council of North Carolina, Five Lakepointe Plaza
Vulcan Construction Materials LP, Mideast Division, Smith Grove Quarry
27th Consecutive Year
Clariant Corp., Monroe Road Charlotte Facility
28th Consecutive Year
APAC-Atlantic Inc., Candor Sand Plant
Fayetteville Public Works Commission
High Valley Construction and Maintenance Corp.
New Hanover County, Human Resources Department
Town of Valdese, Administrative Department
29th Consecutive Year
Glen Raven Inc., Executive Offi ces
30th Consecutive Year
Liggett Group, Administrative Offi ce
Syngenta Crop Protection LLC, Greensboro Facility
Town of Garner, Planning Department
31st Consecutive Year
New Hanover County, Finance Department
34th Consecutive Year
R.J. Reynolds Tobacco Co., Research and Development
36th Consecutive Year
Liggett Group, Electric Shop
37th Consecutive Year
National Gypsum Co., Corporate Offi ces
40th Consecutive Year
ATI Specialty Materials, Monroe Operations
41st Consecutive Year
Louisiana Pacifi c, Roaring River
43rd Consecutive Year
APGI, Yadkin
44th Consecutive Year
Ecno Oil Inc.
45th Consecutive Year
DAK Americas, Cape Fear Support Employees
47th Consecutive Year
Heritage Home Group, Lenoir Logistics Center
3 Million Hours
ABB Inc., Pinetops Facility
BASF, Charlotte Technical Center
Blythe Development Co.
Charlotte Pipe & Foundry Co., Plastics Division
International Textile Group, Burlington Finishing Plant
Kellogg’s, Cary Bakery
Pentair, Water Pool and Spa
Perdue Farms LLC, Rockingham
Smithfi eld Foods, Clinton
TE Connectivity, Winston-Salem
4 Million Hours
FlowServe
Pharr Yarns LLC, Corporate Administration
5 Million Hours
Fayetteville Public Works Commission
6 Million Hours
Seqirus, Holly Springs Site
Unifi Manufacturing Inc., Plant 3
7 Million Hours
American & Efi rd, Inc., Gastonia Plant #01
Keihin Carolina System Technology Inc.
Seqirus, Holly Springs Site
8 Million Hours
Syngenta Crop Protection LLC
9 Million Hours
ITG—Burlington Worldwide, Raeford Plant
10 Million Hours
Coty U.S. LLC
Glen Raven Inc., Executive Offi ce
11 Million Hours
Kidde Aerospace & Defense
Syngenta Crop Protection LLC
12 Million Hours
GE Hitachi Nuclear Energy, Engineering and Support Services
Kidde Aerospace & Defense
Perdue Farms Inc., Lewiston Processing Facility
13 Million Hours
Corning Optical Communications, Corporate Headquarters
Congratulations to all our safety and million hour award recipients!
New Electronic Recordkeeping Rules for Injuries and Illnesses
By Chris Miller, Summer Intern, Legal Affairs Division
In a continued effort to help prevent work-related injuries and
illnesses, the Occupational Safety and Health Administration has
revised its requirements for recording and submitting records of
workplace injuries and illnesses. The two important revisions to
the existing policy include (1) a new requirement for employers in
certain industries to electronically submit to OSHA injury and illness
data, and (2) provisions that encourage workers to report work-related
injuries or illnesses and prohibit employers from retaliating
against workers for making those reports. For more information,
please visit www.osha.gov/Publications/OSHA3862.pdf.
1. Electronic Submissions to OSHA
Please see the chart to determine if your business is subject to
the new rules, what documents your business must electronically
submit, and when you must submit the documents. Most employers
are already required to keep this information under existing OSHA
regulations. OSHA hopes to better inform employers, the public
and the government about workplace hazards by eventually posting
the recorded information on its public website (www.osha.gov).
This fi nal rule will become effective Jan. 1, 2017.
Note: The electronic submission requirements do not change an employer’s obligation to complete and retain injury and illness records.
2. Employees’ Right to Report Work-Related Injuries
New rule provisions also aim to promote complete and accurate reporting of work-related injuries and illnesses. These rules clarify the existing
requirement that an employer’s procedure for reporting work-related injuries must be reasonable and cannot deter or discourage employees from reporting.
More specifi cally, employers are now required to actively inform their employees of their right to report work-related injuries and illnesses free from
retaliation by the employer. The fi nal rule will become effective on Aug. 10, 2016.
This obligation can be met by posting the N.C. Labor Law posters. Updates are refl ected on the N.C. Labor Law Posters. Please visit our website at
www.nclabor.com/posters/posters.htm to order free sets of the posters or to download a patch that updates the changes made. Businesses will not be
fi ned if they have the old posters displayed.
Is􀀃􀍙Your􀀃􀍂Business􀀃􀍃Covered􀀃􀍢by􀀃􀍴the􀀃􀍎New􀀃􀍒Rules?􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀌀
􀀃􀍓
Submission􀀃􀍙
Year􀀃􀍅
Establishments􀀃􀍷
w/􀀃􀌲250+􀀃􀍥
employees􀀃􀍅
Establishments􀀃􀍷
w/􀀃􀌲20􀍲􇈲249􀀃􀍥
employees􀀃􀍓
Submission􀀃􀍄
Deadline􀀃􀌲
2017􀀃􀍆 Form􀀃􀌳300A􀀃􀍆 Form􀀃􀌳300A􀀃􀍊 July􀀃􀌱1,􀀃􀌲2017􀀃􀌲
2018􀀃􀍆 Forms􀀃􀌳300A,􀀃􀌳
300,􀀃􀌳301􀀃􀍆
Form􀀃􀌳300A􀀃􀍊 July􀀃􀌱1,􀀃􀌲2018􀀃􀍄
Did􀀃􀍹your􀀃􀍥establishment􀀃􀍨
have􀀃􀌲250+􀀃􀍥employees*􀀃􀍡at􀀃􀍡
any􀀃􀍴time􀀃􀍬last􀀃􀍹year?􀀃􀌪
*Includes􀀃􀍰part􀍲􇉴time,􀀃􀍳seasonal􀀃􀍡
and􀀃􀍴temporary􀀃􀍥employees.􀀃􀍙
YES􀀃􀍙
You􀀃􀍡are􀀃􀍣covered􀀃􀍢by􀀃􀍴the􀀃􀍮new􀀃􀍲rules.􀀃􀍙
You􀀃􀍭must􀀃􀍥electronically􀀃􀍳submit􀀃􀍴the􀀃􀍦
following􀀃􀍦forms􀀃􀍯once􀀃􀍡a􀀃􀍹year:􀀃􀍆
Form􀀃􀌳300A:􀀃􀍓Summary􀀃􀍯of􀀃􀍗Work􀍲􇉒
Related􀀃􀍉Injuries􀀃􀍡and􀀃􀍉Illnesses􀀃􀍆
Form􀀃􀌳300:􀀃􀍌Log􀀃􀍯of􀀃􀍗Work􀍲􇉒Related􀀃􀍉
Injuries􀀃􀍡and􀀃􀍉Illnesses􀀃􀍆
Form􀀃􀌳301:􀀃􀍉Injury􀀃􀍡and􀀃􀍉Illness􀀃􀍉
Incident􀀃􀍒Report􀀃􀍎
NO􀀃􀍄
Did􀀃􀍹your􀀃􀍥establishment􀀃􀍨have􀀃􀌲
20􀍲􇈲249􀀃􀍥employees*􀀃􀍡at􀀃􀍡any􀀃􀍴
time􀀃􀍬last􀀃􀍹year?􀀃􀌪
*Includes􀀃􀍰part􀍲􇉴time,􀀃􀍳seasonal􀀃􀍡
and􀀃􀍴temporary􀀃􀍥employees.􀀃􀍙
YES􀀃􀍎
NO􀀃􀍉
Is􀀃􀍹your􀀃􀍥
establishment􀀃􀍣
classified􀀃􀍩in􀀃􀍡an􀀃􀍩
industry􀀃􀍬listed􀀃􀍩
in􀀃􀍁APPENDIX􀀃􀍁A?􀀃􀍙
YES􀀃􀍄
Did􀀃􀍏OSHA􀀃􀍤directly􀀃􀍩
inform􀀃􀍹you􀀃􀍴that􀀃􀍹
you􀀃􀍷will􀀃􀍮need􀀃􀍴to􀀃􀍳
submit􀀃􀍥
electronically?􀀃􀍎
NO
You􀀃􀍡are􀀃􀍣covered􀀃􀍢by􀀃􀍴the􀀃􀍮new􀀃􀍲rules.􀀃􀍙
You􀀃􀍭must􀀃􀍥electronically􀀃􀍳submit􀀃􀍴
the􀀃􀍦following􀀃􀍦forms􀀃􀍯once􀀃􀍡a􀀃􀍹year:􀀃􀍆
Form􀀃􀌳300A:􀀃􀍓Summary􀀃􀍯of􀀃􀍗Work􀍲􇉒
Related􀀃􀍉Injuries􀀃􀍡and􀀃􀍉Illnesses􀀃􀍙
YES􀀃􀍎
NO
You􀀃􀍭must􀀃􀍳submit􀀃􀍴
the􀀃􀍦forms􀀃􀍴that􀀃􀍏
OSHA􀀃􀍨has􀀃􀍲
requested.􀀃􀍙
You􀀃􀍡are􀀃􀍎NOT􀀃􀍡
affected􀀃􀍢by􀀃􀍴
the􀀃􀍮new􀀃􀍲rules.􀀃􀍓
See􀀃􀍏OSHA􀀃􀍒Recordkeeping􀀃􀍈Handbook,􀀃􀌲29􀀃􀍃CFR􀀃􀌱1904􀀃􀌨(2016).
Zip Line Regulation in NC
By Rachel Nixon, Summer Intern,
Governmental and Constituent Affairs Division
During the 2016 short legislative session, Rep. Ted Davis introduced House Bill 1043—
the Zip Line and Challenge Course Safety Act/Sanders’ Law. Following a tragic zip line
accident at a summer camp in 2015, Rep. Davis, who is a relative of the victim, inserted
language into S.L. 2015-152 that the N.C. Department of Labor conduct a study on the
plausibility of government regulation of zip lines. The bill directed the department to study
the number of zip lines in the state, current ordinances and insurance policies regarding zip
lines, zip line accidents and how to best avoid these accidents, and the reasoning behind
the current exclusion of zip lines from classifi cation as “amusement devices” and therefore
from Department of Labor inspections.
To gather information on these issues, N.C. Department of Labor staff members
communicated with stakeholder groups and individuals including owners, operators,
designers and installers of this equipment, as well as youth camp offi cials, insurance
companies, professional associations and state agencies. Staff members also conducted
site visits to different types of facilities including a youth camp, commercial operation and
facilities operated by the public sector.
The study found that there are over 100 zip line operations in the state, and that most known accidents are caused by human error rather than equipment
malfunction. While the zip line industry is not regulated by North Carolina or federal law, the department found that the industry is largely self-regulating.
The N.C. Board of Examiners for Engineers and Surveyors currently requires that design work for elevated recreational facilities (including zip line and
challenge course) be done by a professional engineer. However, it seems that many owners and operators are unaware of this requirement.
A zip line platform constructed in a pine tree.
NCDOL Photo Library
continued on page 7
6
Additionally, insurance companies require proof of annual inspections. Most states that require government regulation of these devices require only a
“paperwork inspection” (proof of inspection and insurance) before issuing an annual permit. The department also found that there are a number of standards
and training guidelines put forth by several national industry groups like the Association for Challenge Course Technology (ACCT), the Professional Ropes
Course Association (PRCA), the American Society for Testing and Materials (ASTM), and the European Ropes Course Association (ERCA). However,
while many industry owners and operators adhere to one or more of these standards, no federal or state law exists that requires compliance with any or
all. The department noted in its report that the original decision to exclude zip lines from classifi cation as amusement devices is supported by the study’s
conclusions, specifi cally that zip lines are largely self-regulating and that participation is more akin to a sport than an amusement and thus assumes some
inherent risk.
The N.C. Department of Labor report was submitted to the General Assembly on Feb. 1 and set forth a number of potential strategies for addressing the
safe operation of zip lines. The department worked with Rep. Davis during the 2016 short session to draft a bill regulating zip lines and challenge courses
as he requested. These efforts resulted in House Bill 1043— Zip Line and Challenge Course Safety Act/Sanders’ Law. The bill grants the N.C. Department
of Labor with the powers to enforce provisions relating to the design, construction, installation, inspection, certifi cation, operation, use, maintenance, and
investigation of accidents involving zip lines and similar devices. It mandates that plans for these devices must be approved by a professional engineer,
owners must apply annually to the N.C. Department of Labor for a certifi cate of operation, and devices must be inspected daily by the owner and at least
once a year by a third-party inspector approved by the department. The bill also cites various standards for devices and operation training programs to meet.
On June 8 of this year, the bill was heard in the House Judiciary III Committee, of which Rep. Davis is a chairman. During the committee meeting,
members raised a number of questions, mostly relating to the cause of the fatality, the training provisions in the bill, the defi nition of challenge courses,
and what entities this bill would apply to. Representatives from the Youth Camp Association (YCA) and Aerial Adventure Association (AAA) expressed
appreciation for the intent of the bill to keep riders safe, but also voiced several concerns that they wish to be addressed. The YCA’s concerns were related
to the timing, language, costs and penalties in the bill, while the AAA’s concerns focused on the need for regulation at all and which professionals would be
required for the inspections and when. The meeting adjourned with no vote on the bill. The House Judiciary III committee met again a week later on June
15 and passed a new version of the bill out of committee, but no further action was taken for the duration of the session. The department expects that Rep.
Davis will continue to work on this legislation during the interim and that a new bill will be fi led when the long session convenes.
Zip Line Regulation in NC continued from page 6
7
2016 OSHA Standards Books Available
By Neal O’Briant, Public Information Offi cer
The Education, Training and Technical Assistance Bureau has received the
new standards books for general industry and construction. The new books
include all standards adopted through January 2016. Our website includes a
page that lists recently adopted standards here. Call 919-807-2875 to order.
The price remains $37 for the general industry standards and $32 for the
construction ones.
The books include the state-specifi c standards adopted in the N.C.
Administrative Code in addition to the federal OSHA standards. Construction
books include the Occupational Safety and Health Act of North Carolina, and
general industry books include the occupational safety and health standards
for agriculture.
“The books contain several great features again this year,” said Hollis
Yelverton, ETTA Standards Section supervisor. “The color-coded RegLogic
system is used in the state-specifi c section as well as the federal section. The color coding makes the standards easier to read. The construction industry
standards book also contains an insert that lists all the general industry standards that are referenced in the construction standards.”
The books include free online access to the standards called Regs2Go™. When you buy either the 1910 or 1926 book, you will receive a serial number
on the page after the state-specifi c standards so you can register online. Just set up a free account with your name and email ad dress, enter the serial number,
and start reading!
What are the Benefi ts of Regs2Go?
  Access the regulations online via your computer, tablet or cell phone.
  Works on Windows, Android and Apple products.
  Search function allows you to jump to the topic at hand.
  Highlights letters of interpretation and recent changes.
NCDOL Photo Library
By Kevin O’Barr, Bureau Chief
Consultative Services Bureau
Fatal Event: On Oct.
14, 2013, in Charlotte, an
employee of a framing contractor was allowed to operate a boom lift in
an area where a live, ungrounded and ineffectively guarded 7,200 volt
power line was close enough for the operator to come in direct contact with
the line. The contact between the boom lift and the energized power line
resulted in the employee’s death.
Investigative Findings: While the employee was inspecting the seams
of roof sheathing on a two-story building, the boom in which he was
working contacted an energized line, sending fatal current through the
metal boom lift and causing his death. The line that the employee contacted
was not properly guarded or grounded by either insulation or other means
as required by the OSHA standard. Before work begins, employers
are required to ascertain by observations or instrument measurements
whether any part of an energized electric power circuit is located so that
performance of the scheduled work may bring an employee in contact
with the circuit. When power lines cannot be de-energized, they must be
effectively guarded by insulation or other means. In this case, the lines
were not marked or labeled in any way.
Discussion: Electrocution remains one of the leading causes of work-related
fatalities throughout North Carolina. During 2015, three of the 12
construction deaths investigated by NCDOL were due to electric shock.
Only falls caused more work-related construction fatalities. Many job
types encounter electrical current—not just electricians and not just in the
construction industry. When general industry and construction industries
are combined, almost 10 percent of work-related fatalities during 2015
were from electrical shock.
Electricity surrounds us in all of our daily activities. Be vigilant when
working around cables, overhead lines, circuit assemblies and other power
cables. Lines running into buildings typically have 7,200 volts and will be
deadly on contact. Electricity is invisible and has no odor, so it remains
easy to be in close proximity to the hazard and be unaware of the danger.
Refresh your hazard recognition skills for power lines and follow the
recommendations below to avoid another tragedy.
Recommendations:
 De-energize power lines when possible.
 Ensure proper insulation guarding when unable to deenergize.
 Post and maintain proper warning signs.
 Advise employees of the location of overhead lines or
other energized circuits.
 Train employees on the hazards involved and protective
measures to follow.
 Ensure proper training and procedures are followed by
anyone who must work near energized lines.
By Christine Ryan, Administrator
Wage and Hour Bureau
Q: I am planning on hiring some teenagers to help in my business. How do I get a work permit for them?
A: Employers who hire anyone under 18 must keep a youth employment certifi cate on fi le at the business.
The easiest way to obtain a youth employment certifi cate is to have the youth applicant go to the N.C.
Department of Labor online youth employment portal, www.nclabor.com/wh/youth_instructions.htm, and
follow the step-by-step directions for the permit. The youth then should print the certifi cate, have a parent
sign it, and present it to the employer along with appropriate identifi cation to prove the age of the youth. Prior
to asking the youth to complete the certifi cate, the employer should explain to the youth applicant whether
or not the work location has an “on premises” ABC (alcohol) permit. The specifi c rules for youth working
at establishments that serve alcohol (for example, a sit-down restaurant serving wine) are different than at
establishments that do not serve alcohol (for example, a fast food restaurant). Employers are responsible for
knowing the rules regarding their ABC permit. Failure to follow the rules regarding the ABC permit and youth employment may result in the revocation of
both the ABC permit and the youth employment certifi cate.
Youths under 18 may not be employed in any industry that has been determined to be hazardous or detrimental to safety. The job duties performed by
the youth should be explained to the applicant before he or she attempts to complete the youth employment certifi cate. For example, while a 17-year-old
may work in a sandwich shop assembling subs, he or she may not operate the meat slicer. In addition, there are time of day and shift limitations for the
employment of youth between the ages of 14 and 15. Children under 14 may only be employed as newspaper distributors, by the youth’s parent, or in
modeling or acting in movie, television, radio or theater production. However, even if a youth is employed in a business owned by his or her parent, the
parent is still responsible for obtaining a youth employment certifi cate and the youth may not perform work that is hazardous or detrimental.
Employers who have questions about youth employment rules are welcome to contact the N.C. Department of Labor’s call center at 1-800-625-2267 to
discuss the situation with one of our information specialists.
       	

     
 
8
       	         	
       
   
        	
   
      	  

   
     

            
 

Register today for your
FREE subscription!
www.nclabor.com/news/ledger.htm
        	
   
      	  

10-Hour Construction Industry
Awareness Course in Spanish
Aug. 30-31, Raleigh
Click here for more information.
This course will be delivered in Spanish and will provide
participants 10 hours of instruction that will address the many
recognized hazards of the construction industry. During this
awareness course, the “Big Four” hazards (falls, electrical,
struck by and caught in/between) will be included as part of the
two-day training session.
9
Mine and Quarry Training
New Miner Training
Aug. 15-17, Wake Forest
Sept. 19-21, Wake Forest
Oct. 17-19, Wake Forest
Annual Refresher Training
Aug. 18, Wake Forest
Sept. 22, Wake Forest
Oct. 20, Wake Forest
To register for any of these classes,
call the Mine and Quarry Bureau at 919-807-2790.
Carolina Star Safety Conference
Sept. 14-16, Greensboro
Click here for more information.
The Carolina Star Safety Conference is a cooperative effort
between the N.C. Department of Labor and representatives from
companies involved in the Carolina Star, Rising Star, Building
Star or Public Sector Star programs. The conference is designed
to assist companies create, build and grow successful safety
programs. Each year representatives from across the state of
North Carolina provide training, skits, informative sessions and
many other great opportunities for EVERYONE to learn. No need
to be in the Star Program to attend!
OSH Webinar Courses
Visit the OSH Training Schedule Calendar here to view upcoming
Internet training and other safety courses. Upcoming webinar
topics include fall protection and heat stress. Check the calendar
for new courses being added soon.
Complying With OSHA
Construction Industry
Standards—Beginners Level
Nov. 2-3, Raleigh
Click here for more information.
This two-day course has been designed for new environmental, health
and safety (EHS) professionals who are responsible for safety and
health at their organization. The course covers construction industry
standards, state-specifi c standards for the construction industry and the
recordkeeping standards.
Long Term Care Workshop
Sept. 27, Charlotte
Click here for more information.
This course provides an overview of safety and health hazards associated
with the long term care industry. Nursing home administrators are eligible
for 7.0 CEU credits.
1-800-NC-LABOR
www.nclabor.com
Western North Carolina
Safety and Health Conference
Oct. 31-Nov. 2, Asheville
http://wncsafetyschool.com/