By Mary Katherine Pegram
Public Information Offi cer
When the fair season arrives, it is always a fun but tiring time for the
N.C. Department of Labor’s ride inspectors. The Elevator and Amusement
Device Bureau works to ensure all rides are inspected before each fair that
takes place across the state. During this year’s fair season, a total of 1,996
amusement devices were inspected by the bureau during the three-month
time frame of August through October.
The N.C. State Fair, located in Raleigh, is the largest fair that is held
in the state. It is also the largest assemblage of amusement devices for
an 11-day fair in North America with about 100 rides. According to the
Department of Agriculture, this year’s fair attendance reached over 1
million fairgoers—1,028,364 to be exact. That number can be daunting to
inspectors who hold the public’s safety in their hands.
Given that each amusement device is moved from location to location,
inspectors have a short amount of time to ensure the rides meet the state’s
stringent requirements to be certifi ed to operate.
Marc Janis with Powers Great American Midways explained how
one ride is transported, “The new Parthenon wheel is brought in on four
different trailers and has its own crane to set it up.”
As soon as an amusement device is brought onto the fairgrounds,
inspectors will perform a preliminary inspection, and then once the device is set up completely, inspectors will begin the full inspection process.
“North Carolina has the most stringent ride inspection program in the country,” Labor Commissioner Cherie Berry said. “The rides are not allowed to
operate unless they meet 100 percent of the manufacturer’s specifi cations. We not only inspect the rides, but we have a presence here during the run of the
fair to make sure everything is running smoothly, that everything is being done to guarantee your safety and enjoyment.”
The Labor Department’s Communications Division offered media outlets a behind-the-scenes look at the inspection process on Tuesday, Oct. 11. This
behind-the-scenes look occurred on the Khaos, one of the N.C. State Fair’s spectacular rides. The Khaos operates atop the trailer that it travels on. This ride
uses water to balance and stabilize it during operation. The water tank has to be full for the ride to operate, and sensors check the water levels constantly
to make sure the ride is stable.
During the behind-the-scenes look, reporters were taken underneath
the Khaos to learn how water tanks act as a counterweight for the
ride. NCDOL inspector Harold Wagner explained the types of things
he’ll examine during an amusement device inspection.
“We start our inspections at the generators, which is the power
source for these rides,” said Wagner. “Then we move to the frame,
the footings, the structure—how they’re set up; the framework, the
electrical, the lap restraints—all of the operations that ensure that
ride’s safety for our public.”
Once a ride has passed the inspection, the inspector posts a certifi cate
of operation near the entrance of the ride for the public to see. In
addition to NCDOL’s inspection process, amusement ride companies
are required to perform daily operational checks of each ride. The
bu reau also makes sure that ride operators are knowledgeable about
how to operate their rides safely.
       	         	
       
   
        	
   
      	  

   
     

            
 

Inspectors Work to Ensure Rider Safety at Fairs Across NC
November-December 2016
NCDOL ride inspector Harold Wagner explains the ride inspection process for a
camera operator with WTVD-11 underneath the Khaos during a behind-the-scenes
media opportunity at the N.C. State Fair.
NCDOL Photo Library
Labor Commissioner Cherie Berry prepares to be interviewed by Carleigh
Griffeth of WNCN about the ride inspection process at the N.C. State Fair.
NCDOL Photo Library
I am happy to report that the Elevator and Amusement Device
Bureau wrapped up another successful fair season with no major
reportable injuries attributed to the mechanical failure of a ride.
North Carolina hosts more than 40 fairs, with most of them
occurring from August through the end of October.
North Carolina has the most stringent ride inspection program
in the country. The rides are not allowed to operate unless they
meet 100 percent of the manufacturer’s specifi cations. Our ride
inspectors provide an outstanding service to the many fairs
throughout the state and to the public.
On another front, according to data released in late October
by the U.S. Bureau of Labor Statistics, our state’s injury and
illness rate set a new record low in 2015. The rate of 2.6 injuries
per 100 private industry workers places us as one of 12 states
plus the District of Columbia with a rate statistically less than the
national average of 3.0.
As I travel across the state, I get to help celebrate many
safety and health success stories with participants in our Safety
and Health Achievement Recognition Program (SHARP) and
Carolina Stars.
Thank you for all you do to make workplace safety a priority.
I look forward to what we can accomplish together during my
next term.
Inside this edition:
A Spotlight on Recent SHARP Events page 3
NCDOL Dedicates Field Staff for Hurricane Efforts page 4
Workplace Injury and Illness Rate Drops page 4
Eden Company Receives Safety Recognition page 5
Deadly Mistakes page 6
Workplace Worries page 6
Bulletin Board page 7
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)
ECMD Inc. dba East Coast Mouldings, Wilkesboro
Cross Road Retirement Community, Asheboro
Cape Fear Public Authority, Nano Plant, Wilmington
Cape Fear Public Authority, Administrative Services, Wilmington
Carolina Star
Scott Safety, Monroe (recertifi cation)
Editor ................................................................Neal O’Briant
Assistant Editor ........................... Mary Katherine Pegram
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. Nova Development
NCDOL has reached a milestone
of 1,000 followers on Twitter!
Social media platforms are a way for the public to stay engaged
with the department. We encourage you to follow our accounts.
3
By Neal O’Briant, Public Information Offi cer
The Labor Department recently helped several locations celebrate
their participation in the Safety and Health Achievement Recognition
Program (SHARP). The program is designed for small to mid-size
businesses. Companies that qualify for the award show that they have
developed and maintained good safety programs for workers. To
qualify for the program, injury and illness rates for the site must be
below the national average for the industry, and NCDOL safety and
health consultants must complete an assessment of the workplace.
“I congratulate these employers and their employees on making
safety a part of every day,” Labor Commissioner Cherie Berry said.
“Every working person in North Carolina deserves to go home at the
end of their work day, safe and healthy to their families.”
Davidson County Public Works Department
On Tuesday, Sept. 27, Davidson County Public Works celebrated
recertifi cation as a Public Sector SHARP participant. The event
included Commissioner Berry’s presentation of a new SHARP fl ag and certifi cate to Davidson County Public Works, followed by lunch.
Davidson County Public Works provides support services that include construction, alteration and repair work to county facilities. The
department handles all general maintenance work within the county government structure. Davidson County Public Works fi rst earned
SHARP status in 2013.
In speaking to employees, Chris Elliott, public buildings safety coordinator for Davidson County, said, “You embody, each in your
specifi c way, a leadership in safety that fosters sustainable and inclusive growth, great skills, fresh ideas, and real vision for the future.”
Town of Waxhaw Police Department
On Tuesday, Oct. 11, Labor Commissioner Cherie Berry presented the Town of Waxhaw Police Department with a new SHARP fl ag
and certifi cate to celebrate the department’s recertifi cation as a Public Sector SHARP participant. The presentation took place during a
meeting of the Town of Waxhaw’s Board of Commissioners.
“Through our partnership with the OSHA Consultative Services
and the recognition of the SHARP certifi cation, we have been able to
achieve our goals of protecting our employees and the public in a safe
and effi cient manner,” said Lt. Burton Zill. “It is truly our honor to be
the fi rst police department in the state recognized for this achievement.
This four-year recertifi cation continues our mission.”
The police department fi rst earned SHARP status in 2013.
Cross Road Retirement Community
Cross Road Retirement Community is an assisted living community
in Asheboro that offers various levels of assistance from independent
housing, assistance with daily needs, all the way to an Alzheimer’s
unit. The facility celebrated receiving its fi rst SHARP certifi cation
Oct. 14, which happened to be its 33rd anniversary.
Abigael Newtown, industrial hygiene consultant with the Consultative Services Bureau, presented the SHARP fl ag and certifi cate
during the celebration. Members of the facility’s board of directors were present, including the president of the board, and Ms. Senior
Randolph County attended to celebrate the facility’s success.
“Cross Road Retirement Community has worked very hard to
achieve SHARP status and made tremendous progress in their safety
and health program from when they had begun working with the
Occupational Safety and Health Division’s Consultative Services
Bureau in 2012,” Newton said. “This achievement can be attributed to
management commitment to the employees at the facility, as well as to
employees’ efforts to participate in the safety and health program. They
truly earned the award and should be very proud.”
Independent Beverage Co.
On Tuesday, Oct. 25, Independent Beverage Co. celebrated receiving
SHARP certifi cation. Labor Commissioner Cherie Berry presented company
offi cials with the SHARP fl ag and certifi cate at the celebration.
“Being accepted into the OSHA Safety and Health Achievement
Recognition Program is a tremendous accomplishment for our company and our employees,” said Rosemarie Coloracci, human resources
manager. “It demonstrates everyone’s commitment to a safe and healthy work environment.”
Independent Beverage Co. is a bottling company located in Charlotte. Founded in 1992, the company produces bottle and can soft
drinks, sparkling water, and other cold-fi ll beverages for national brand, private label and contract pack customers.
A Spotlight on Recent SHARP Events
Waxhaw town offi cials join Labor Commissioner Cherie Berry in celebrating
the police department’s recertifi cation as a SHARP participant. Front row,
left to right: Town Manager Warren Wood, Commissioner James Warner,
Commissioner Brenda Stewart, Lt. Buddy Zill, Labor Commissioner Cherie
Berry, Mayor Stephen Maher. Back row: Commissioner Paul Fitzgerald, Mayor
Pro-Tem John Hunt, Safety Director Billy Sellers, Commissioner Fred Burrell.
NCDOL Photo Library
Employees of Cross Road Retirement Community proudly display the SHARP
fl ag. The facility’s SHARP celebration coincided with its 33rd anniversary.
Photo courtesy of Cross Road Retirement Community
Employees of Independent Beverage Co. in Charlotte celebrate
receiving the SHARP fl ag from Labor Commissioner Cherie Berry.
Photo courtesy of Independent Beverage Company
4
By Dolores Quesenberry, Communications Director
The N.C. Department of Labor provided assistance in counties hardest hit by Hurricane Matthew to help prevent additional injuries and
illnesses during the dangerous cleanup phase that occurs after any natural disaster. Labor Commissioner Cherie Berry directed the Occupational
Safety and Health Division to convert to consultative mode in those areas impacted during the aftermath of Hurricane Matthew.
“Our thoughts and prayers are with the families who lost their loved ones, homes and businesses,” Commissioner Berry said. “Our job now,
as safety and health professionals, is to make sure the recovery and cleanup efforts go without incidence.”
North Carolinians have faced many cleanup challenges after major storms, including Hurricanes Bertha, Fran, Floyd, Isabel, Irene and now
Matthew. Assistance began in 17 counties and was extended to additional counties as fl ood waters subsided.
“The violent winds and rainfall of these storms topple trees and destroy businesses, cars, homes and power lines, leaving fi rst responders,
recovery workers and residents with the dangerous task of debris removal,” said Kevin Beauregard, deputy commissioner for the OSH Division.
“The cleanup and rescue efforts needed after a hurricane place a tremendous strain on communities, which can lead to injuries and illnesses if
appropriate safety measures are not taken.”
In an effort to ensure that North Carolinians had access to the proper tools to assist with a safe recovery effort, the OSH Division distributed
368 various types of personal protective equipment, including earplugs, hard hats, work gloves and safety glasses. The division also distributed
261 cards with quick reference safety tips concerning chain saw safety, tree trimming, heat stress and the proper use of generators.
“Our goal with our outreach is to help bring some relief to the communities affected most by Hurricane Matthew,” Commissioner Berry said.
Citizens who need safety and health guidance may contact the N.C. Department of Labor’s Standards Section of the Education, Training and
Technical Assistance Bureau at 919-807-2875 or ask.osh@labor.nc.gov.
The National Guard provided relief in many areas after Hurricane Matthew. Members of the National Guard who took time away from their
work to assist with the recovery are protected from an employer retaliating against them for their service. Any member of the National Guard
who feels his or her rights have been violated may fi le a complaint with NCDOL’s Employment Discrimination Bureau under the Retaliatory
Employment Discrimination Act.
NCDOL Dedicates Field Staff for Hurricane Matthew Cleanup Efforts
By Neal O’Briant, Public Information Offi cer
North Carolina’s workplace injury and illness rate for
private industry dropped to a historic low in 2015 keeping
the Tar Heel state one of the safest states in which to work.
The rate dropped from 2.7 cases per 100 full-time workers
in 2014 to 2.6 for 2015 and remains below the national rate.
“During my service as Labor Commissioner, I am proud
of the fact that North Carolina’s injury and illness rate has
dropped 51 percent (5.3 to 2.6) over the past 15 years,” Labor
Commissioner Cherie Berry said. “The record-low injury and
illness rate is a credit to the employers and employees of our
state. Safety is being embraced by management as well as
those on the front lines who are performing the state’s most
dangerous work.”
The state’s Occupational Safety and Health Division focuses on hazardous industries like construction and manufacturing by
implementing special emphasis programs, providing free education and training, conducting free safety and health consultative visits,
and establishing partnerships and alliances.
The 2015 rate for construction dropped to 2.7 per 100 full-time workers from 3.3 in 2014, below the national rate of 3.5. The 2015 rate
for manufacturing remained steady at 3.3, below the national rate of 3.8.
North Carolina is one of the top 10 safest states in which to work, with a rate statistically less than the national rate of 3.0.
Labor offi cials point to other driving factors that are affecting the state’s record-low rates. Accidents are costly when you factor in
legal fees, insurance costs, plant down time and liability suits. Many employers are implementing effective safety and health programs
to lower costs and improve their bottom line.
“Good employers understand that a good workplace safety program pays for itself,” Commissioner Berry said, “but at the end of the
work day, it’s really about making it home to family and loved ones that matters most.”
Workplace Injury and Illness Rate in NC Drops to Historic Low
5
By Dolores Quesenberry, Communications Director
The N.C. Department of Labor recognized The Osborne Company of North Carolina with a workplace safety award for reaching 1
million employee hours with no injuries or illnesses involving days away from work. State Labor Commissioner Cherie Berry visited
one of the company’s jobsites in Jacksonville on Wednesday, Nov. 2, to present company offi cials with the 1 Million-Hour Award.
“Achieving one million hours without a lost-time workplace accident shows everyone that you are committed to a safe work
environment,” Commissioner Berry said. “You can’t have a good safety and health program unless everybody at the facility takes care
of each other. You have to be your brothers and sisters’ keepers.”
The N.C. Department of Labor presents Million-Hour Safety Awards to employers that accumulate 1 million employee hours, or
multiples thereof, with no injuries or illnesses involving days away from work. Only 119 out of the state’s 250,000-plus companies
received Million-Hour Safety Awards during this year’s safety award season.
The celebration was held in Jacksonville at the 50,000 square foot New Hanover Regional Medical Offi ce Building. The project is
being developed by Summit Healthcare Group and represents the latest Osborne medical offi ce building under construction. The facility
includes a diagnostics suite with CT, X-ray, mammography and ultrasound scanning; a family physician’s practice suite that includes
exam rooms, labs, stress testing and nuclear scanning; and an EmergeOrtho suite that includes X-ray, exam rooms and physical therapy.
The Osborne Company was founded in Eden in 1981 by brothers Robert “Zizzy” and Pete Osborne. The company’s design-build,
general contracting and environmental services are driven by a commitment to safety, quality, expediency and value.
“The Osborne Team safety philosophy is founded on the fact that construction is our business, but safety is our life,” said Gerald
Harris, president of The Osborne Company.
Eden Company Receives Safety Recognition
Labor Commissioner Cherie Berry presents offi cials from The Osborne Company of North Carolina with a Million-Hour Safety Award certifi cate.
(L-R): Zizzy Osborne, Reuben Hill, Robert Osborne, Mike Berrier, Commissioner Berry, Gerald Harris and Ted Johnson.
May all your seasons
be safe!
Nova Development
Photo courtesy of The Osborne Company
6
By Judyth Niconienko
State Plan Coordinator
Fatal Event: On Sept. 2,
2014, a 35-year-old employee
and foreman of a concrete fabrication contractor died after being struck by
a falling explosion panel that was being installed on the outside wall of a
grain elevator about 144 feet off the ground.
Investigative fi ndings: A general contractor and several subcontractors
were hired for a renovation project at a grain elevator complex. The process
involved installing explosion proof panels on a grain elevator. The grain
elevator had two levels. The roof of the fi rst level was about 60 feet above
the ground, and the roof of the second level was about 144 feet above
ground. A crane was used to elevate explosion panels to the fi rst level roof.
A Sky Climber personnel lift equipped with a winch hoist was positioned
on the fi rst level roof with its cable secured to the outside of the second
level roof.
To prepare for the panel installation, the victim and another employee
rigged a material hoist to raise the panel. This consisted of a winch, bolted
to the fi rst level roof, and a cable run through a pulley attached to the second
level. However, the pulley was only temporarily secured to a guardrail with
a knotted rope. The employees intended to return to the roof and anchor
the pulley properly, prior to it being used. The employees never properly
secured the pulley.
In the early afternoon the victim and another employee rigged two steel
explosion panels with wire rope slings and shackles. One of these was
attached to the cable connected to the pulley. The panels were raised by an
employee to the area where they would be installed. Each steel explosion
panel was about 4 feet by 6 feet and weighed about 100 pounds.
The victim was on a Sky Climber platform with one of the panels raised
over his head, as he began raising the Sky Climber to the work area. The
second employee was standing on the fi rst level roof adjacent to the hoist
winch. The employee on the Sky Climber platform was elevated about 1
foot above the fi rst level roof when the employee positioning the panels
saw the cable, pulley and explosion panel fall on the victim. The victim
sustained fatal crushing injuries.
Discussion: The investigation determined that the cable and hoist
pulley were not properly secured, prior to it being used to lift and position
explosion panels. A rope tied in a knot was used to temporarily secure the
pulley to guardrails on the roof. The knot apparently came untied, allowing
the hoist, rope and load to fall on the victim that was positioned below
the load. Several other defi ciencies associated with fall protection were
also noted during the investigation. The victim had secured his fall arrest
lifeline to the roof guardrail system. Additionally, a section of guardrail on
the roof was missing.
Recommendations:
All hoist systems must be installed in accordance with requirements
and should be inspected after initial installation and before each use.
Employers must initiate and maintain programs that provide for
frequent and regular inspections of the jobsite, materials and equipment.
Employees must be protected from fall hazards via a personal fall
arrest system or a fall protection system that meets requirements.
Employers must provide training programs for each employee that
might be exposed to fall hazards. The training must include the use
and operation of guardrail systems and personal fall arrest systems
that will be used.
Employees should also be trained to avoid being positioned beneath
loads.
       	

     
 
By Christine Ryan, Administrator
Wage and Hour Bureau
Q: I hear that there is a new overtime rule. Does it affect me?
A: A federal court has blocked this new rule from taking effect Dec. 1, 2016, as planned.
Under the rule, certain workers who are salaried and exempt from overtime due to their job
duties (like retail store managers) would have to have been paid a minimum of $913 weekly
($47,476 annually) to continue to be exempt from overtime under the Fair Labor Standards
Act. The current salary threshold of $455 weekly ($23,660 annually) stays in effect due to the
court order. This is true whether an employer is under the jurisdiction of the U.S. Department of
Labor (a large manufacturer, for example) or the N.C. Department of Labor (a small auto body shop or a nonprofi t).
Employers may pay such employees less than the salary threshold, but the employee would be eligible for overtime pay (time and
one-half the regular rate) for every hour worked over 40 in a work week. The workweek is a fi xed, continuous 168-hour period defi ned
by the employer and cannot fl uctuate. Certain employees in particular professions (like teachers and attorneys) do not have to be paid at
or above the salary threshold. The U.S. Department of Labor offers guidance here.
Regardless of whether an employee is exempt from overtime or is eligible for overtime, under North Carolina law, employers can
require an employee to work greater than 40 hours during a work week. Employees who are eligible for overtime must be paid the
overtime rate for hours over 40 during that week.
Workplace Worries
1-800-NC-LABOR  www.nclabor.com
        	
   
      	  

Trainer Course in
OSHA Standards Refresher
Jan. 10-11, Raleigh
Click here for more information.
This workshop is designed for personnel in the public and private
sector who have completed the NC500/NC501 Trainer Course in
Occupational Safety and Health Standards for the construction
and general industry and who are active trainers in the outreach
program. It provides an update on topics relating to OSHA
construction standards, policies and regulations. Construction/
general industry outreach trainers are required to attend this
course once every four years to maintain trainer status.
7
Mine and Quarry Training
Part 46 New Miner Training
Dec. 13, Greensboro
Part 46 Annual Refresher Training
Dec. 15, Greensboro
First Aid/CPR Training
Dec. 14, Greensboro
To register for any of these classes,
call the Mine and Quarry Bureau at 919-807-2790.
OSH Webinar Courses
Visit the OSH Training Schedule Calendar here to view upcoming internet training and other safety courses. Upcoming webinar topics include confi ned space entry
for the construction industry, ergonomics awareness, fall protection, hand and powered tools, health hazards, lockout/tagout, material handling and storage, personal
protective equipment, scaffolding, recordkeeping, toxic and hazardous substances, and tuberculosis. Check the calendar for new courses being added soon.
10-Hour Construction Industry
Awareness Course
Jan. 23-24, Wilmington
Click here for more information.
This course is designed to help employers understand OSH regulatory
requirements and also ensure employers and employees understand the
requirements necessary in providing an acceptable safety and health
program for the workplace. This course will provide a basic overview
of the Construction Industry Safety and Health Standards, 29 CFR 1926.
30-Hour Construction Industry
Awareness Course
Jan. 23-27, Wilmington
Click here for more information.
This course is designed to help employers understand OSH regulatory
requirements and also ensure employers and employees understand the
requirements necessary in providing an acceptable safety and health program
for the workplace. This course will provide a comprehensive overview of the
Construction Industry Safety and Health Standards, 29 CFR 1926.
Complying With OSHA
General Industry
Standards—Beginners Level
May 23-24, 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 general industry standards, state-specifi c
standards for the general industry and the recordkeeping standards.
Complying With OSHA
Construction Industry
Standards—Beginners Level
July 12-13, 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.