NC labor ledger

              NC Labor

By Dolores Quesenberry

Public Information Officer

Workplace homicide is a growing

problem and has become a serious threat

to workers in North Carolina, where

workplace homicides nearly doubled in

2003, rising from 12 to 23.

Workplace homicides represent the

fastest growing murder category in the

United States and are the leading cause

of on- the- job death for women.

Domestic violence spillover, which

occurs when a domestic problem spreads

to the workplace, is the fastest growing

category of workplace violence. Statistics

show that women are likelier to be

attacked by someone they know than by

random attackers.

“ Workplace violence and domestic

violence are not addressed by industry

standards, but the N. C. General Assembly

attempted to strengthen the laws in these

areas last session,” said John Hoomani,

acting general counsel at NCDOL.

“ Two separate bills were passed last

session that addressed these issues— SB

916- Workplace Violence and HB 1354-

Domestic Violence,” Hoomani said.

Senate Bill 916— introduced by Sen.

Daniel Clodfelter, D- Charlotte— now

allows employers to obtain a civil “ no-contact”

order on behalf of an employee

when the employee is subjected to

“ unlawful contact” by another person in

the workplace. Examples of unlawful

contacts include assault, attempted assault,

a verbal or written threat, stalking, or

harassment that occurs at the workplace.

The no- contact order can be issued even

if there has been no physical injury or

property damage. The order can prohibit

the suspect from visiting, assaulting,

abusing, injuring, stalking, harassing,

contacting or interfering with the

employee at the workplace. Aviolation of

the no- contact order is punishable by con-tempt

of court that can result in a fine or

imprisonment. The severity of the fine

and the length of the jail sentence are left

to the discretion of the court.

House Bill 1354— introduced by Reps.

Marian McLawhorn, D- Grifton, and

Wilma Sherrill, R- Asheville— makes

changes to the domestic violence laws that

were recommended by the House Select

Committee on Domestic Violence. The

bill requires offenders to attend a domestic

violence treatment program before com-pletion

of their jail time. The bill also

provides legal assistance and education

for victims of domestic violence.

“ Helping protect victims of domestic

violence has been one of my passions

since first coming to the legislature ten

years ago,” Sherrill said. “ I am passionate

about this legislation because I truly

believe it is going to help save lives. There

is still work to do on this issue, but we

have definitely made great strides.”

Hoomani said that both Senate Bill 916

and House Bill 1354 prohibit an employer

from taking discriminatory action against

an employee who takes reasonable time

off from work to obtain relief from

workplace or domestic violence.

NCDOLwill enforce both laws under the

Retaliatory Employment Discrimination

Act ( REDA).

“ Both laws prohibit an employer from

discharging, demoting or disciplining an

employee because the employee took time

off to obtain relief in a domestic violence

or workplace violence proceeding,” said

Skip Easterly, employment discrimination

administrator.

“ We now can help protect employees

suffering from the pain of domestic

violence by preventing them from losing

their jobs,” Easterly said. “ Our role in this

legislation is small but can be very impor-tant

to those dealing with these pains and

still trying to support their families.”

Victims have 180 days to file a REDA

complaint from the day of being fired or

from the day the discriminatory act

occurred. For more information regarding

REDA, contact the Employment

Discrimination Bureau at ( 919) 807- 2831

or l- 800- 625- 2267.

Workplace Homicides Increase in N. C.

Laws Strengthened to Help Victims of Violence Seeking Assistance

LEDGER November/ December 2004

You might have read in the October 2004 issue of the

Ledger about the labor department’s latest initiative to

reduce Hispanic workplace fatalities.

We had some worries about whether this first

attempt to draw Hispanics to a construction forum on

Nov. 5 would be successful, mostly because the forum

was during the workweek.

The forum was a rousing success.

We had worked very hard within the Hispanic com-munity

to promote attendance and had been able to

sign up about 70 construction workers.

On the day of the forum, more than 115 Hispanic

construction workers showed up. Although most of the

workers were from the Research Triangle area, they

came from throughout the state to learn about safety in

the construction industry.

I had the pleasure of speaking to the group about the

importance of safety. As I looked out over the crowded

room, I could tell these workers were glad of the

opportunity to hear from safety experts who could help

them reduce the dangers of working in construction. They

were eager to learn. They were attentive, and they were

appreciative of our efforts.

We’ve seen how successful our English construction

forums have been, and now we have replicated that

success with our Hispanic employees.

It was great to see workers and

employers alike make the commitment

to workplace safety.

Inside this edition:

Protect Yourself From Bloodborne Pathogens page 3

Workplace Worries page 4

Deadly Mistakes page 4

2004 Apprentice Contest Winners Announced page 5

NCDOL Bulletin Board page 5

2

From

Commissioner

Cherie Berry

The NCDOL library recently acquired more than $ 32,000 worth

of new audiovisual and print materials. DVDs were added for the

first time to the collection.

The extensive audiovisual collection includes subjects such as

lockout/ tagout, fall protection, excavations and personal protective

equipment. All the material is available free of charge, except for

return postage.

The library also handles requests for information such as chemical

characteristics, safety and health standards, major accidents, or non-monetary

safety and health incentive programs.

Visit the Web page at http:// www. nclabor. com/ lib/ lib2. htm to

find out more about the NCDOL library services.

Cherie Berry

Commissioner

Editor .......................................... Heather Crews

Layout and Design ............................ Jeff Wilson

Publications Bureau Chief ............ Mike Daniels

N. C. Department of Labor

1101 Mail Service Center

Raleigh, NC 27699- 1101

Direct all questions and comments to:

Communications Division

( 919) 733- 0363

1- 800- 625- 2267 • www. nclabor. com

NCDOL Library Acquires New Material

By Heather Crews

Public Information Officer

One accidental prick from an infected needle or a spurt of

blood in your eye from someone who is hurt could leave

you with a serious illness.

Those are the risks that health care

workers face every day at work.

Bloodborne diseases, such as hepatitis B

and C or HIV, are a serious hazard in the

health care profession.

In North Carolina, the health care industry

injury and illness rate of 4.7 is slightly

higher than the state’s average of 4.0.

However, nursing and personal care facilities

have a rate of 9.3, over twice the state rate.

Hospitals have a rate of 5.8.

“ Hepatitis B ( HBV) and C pose the greatest

risk to health care professionals,” health

standards officer Ed Geddie said. “ The

risk of acquiring HBV after a needlestick with a contami-nated

needle ranges from about 6 percent to 30 percent. The

risk of HIV is much smaller.”

An effective vaccine to prevent HBV is available, and

state law requires that it be provided at no cost to any worker

at risk of exposure.

“ Hepatitis C is one of the most common chronic blood-borne

infections in the United States,” Geddie said. “ But about

80 percent don’t know they’re infected because there are no

symptoms. And unlike HBV, there is no vaccination.”

The bloodborne pathogens standard— the first to address

biohazards in the workplace— is one of the most frequently

cited violations in the health care industry. The standard

addresses occupational exposure to bloodborne pathogens

and requires employers to implement engineering and work

practice controls, provide personal protective equipment,

offer the hepatitis B vaccine series, and provide and maintain

training and medical records.

“ Employees should be well trained on

the standard,” Geddie said. “ Workers need

to be aware of the dangers they face and

how they can limit their exposure.”

Bloodborne diseases are transmitted

through needlesticks, open sores or cuts in

the skin, and exposure to eyes, nose or

mouth by infected blood. But by following

the standard, occupational exposure to

bloodborne pathogens will be greatly

reduced or eliminated.

“ Treat all blood as if it were infectious,”

Geddie said. “ Follow that simple rule and

you’ll be protected. This is the principle

known as ‘ universal precautions.’”

For more information, visit the NCDOL Web site at

http:// www. nclabor. com./ osha/ etta/ indguide/ ig7. pdf to get

a copy of A Guide to Bloodborne Pathogens in the Workplace.

Tips to remember when handling sharps include:

 Dispose of sharps immediately after use to minimize

contact.

 Use puncture- resistant containers to hold contaminated

sharps.

 Close lids before discarding containers.

 Never reach into a container of contaminated sharps.

 Wear suitable personal protective equipment for the job

you are doing.

 Unless required by a medical procedure, NEVER recap

a used needle.

3

Protect Yourself From Bloodborne Pathogens

The international biohazard sign must be

affixed to any containers that store potentially

infectious waste. Posted signs should be

fluorescent orange or red for easy visibility.

We’re just a click ( www. nclabor. com)

or a phone call ( 1- 800- NC- LABOR) away.

By Steve Sykes

State Plan Coordinator

Fatal Event: On

March 11, a 59- year-old

man was killed while machining an automotive axle on a

lathe. The lathe had no machine guarding, and the victim got

caught by the spinning axle and pulled into the machine.

Although no one saw exactly what happened, the victim was

seen putting on a jacket shortly before the accident. NCDOL

investigators believe the axle may have caught a part of the

jacket and pulled the victim into the huge lathe. The first

employee who arrived at the scene could not find the control

box to turn off the lathe.

Discussion: Alathe spins material positioned and secured in

the lathe’s chuck, similar to a bit in a drill. A lathe is most

often used to shape wood, metal or other material by using a

fixed cutting or abrading tool. Items that are machined in a

lathe include bowls, baseball bats and crankshafts. In this

case, the victim had reconditioned the axle and was in the final

stages of sanding and polishing the piece. Because there was

no machine guarding, he was able to get very close between

the axle and lathe chuck.

The company repairs and rebuilds mining equipment.

Occasionally, the company takes on other small jobs as a service

to local customers. This was the case with the axle the company

was modifying when the accident occurred. When the

employer initially considered accepting the job, he discussed

the safety problems associated with the irregular shape of the

axle. The employer warned the victim to be careful, but no

special safety precautions were taken for this unique work

order. A machinist interviewed during the investigation said

he thought the axle was a dangerous piece to handle because

a metal arm stuck out when the axle spun on the lathe. The

employer said that in hindsight it was obviously not safe to

work on the axle.

Recommendations:

 Most of us will never have to turn material on a lathe.

However, machine guarding applies to even more commonly

used machines. The hazards that must be eliminated with

machine guarding include points of operation ( the point where

work is performed), ingoing nip points ( caused by rotating

parts on machinery), rotating parts ( parts that move while the

machine is working), and flying chips and sparks.

 The belt drive for a lathe, or any equipment, must be

guarded— as well as the rotating chuck components of a lathe.

 Employers must provide a workplace free from hazards

that could cause death or serious harm. Employees also have

a responsibility to comply with occupational safety and health

standards and, arguably, a moral obligation to point out hazards

to their co- workers.

 A unique job that has the potential for severe injuries

requires scrutiny from a safety and health perspective. The

various job steps should be considered and a safety analysis

conducted. The fact that a similar job may never again be

undertaken is not sufficient rationalization for not taking

every safety precaution required. In the lathe accident, safety

measures could have included the design of a unique method

of guarding that might have applied only to the axle being

machined. It is better for a company to tell a customer that it

cannot do a job because of safety hazards than for an employee

to be killed carrying out the assignment.

 Employees should review mandatory procedures before

any work is done. This would include setup of equipment to

include safety considerations.

 Tie back long hair and secure any clothing that could be

caught in rotating parts.

 To guard against electric shock, cords on all equipment

must be checked routinely for damage.

 Means to disconnect equipment from a power source

should be legibly marked as to its intended purpose.

Employees should be trained on how to turn off equipment in

the event of an emergency.

 Employees should be encouraged to provide input on

issues relating to safety and health. Don’t wait until an accident

happens to provide positive suggestions.

 Safety training should be provided for hazards associated

with use of specific machines.

Q: Doesn’t my employer have to

pay me a premium for working on

Sunday or a holiday?

A: No. Unless your employer

specifically promises to pay a premium

for holiday or Sunday work, no addi-tional

compensation is required unless

the total of hours worked that workweek

is greater than 40.

Q: What are the legal holidays that

my employer has to observe?

A: None. It is entirely up to the

employer to decide which holidays to

observe, if any at all. If an employer

sets a holiday policy, the policy must

be provided in writing or through a

posted notice so that employees are

aware of this promised wage benefit.

Q: Shouldn’t holiday hours be

counted when figuring hours worked

for overtime purposes?

A: No. Overtime pay is calculated on

actual hours worked in a workweek,

regardless of the number of hours

actually paid as vacation, sick leave or

other paid absences. Therefore, an

employee who actually works on the

holiday could be paid 48 hours ( 40

hours worked and eight holiday

hours) straight- time pay with no time

and a half pay being due for that

workweek.

4

        	

    
 	 

10- Hr. Awareness Workshops

General Industry: Jan. 12- 13, 2005

Construction Industry: Jan. 18- 19, 2005

Forsyth Tech. Comm. College, Winston- Salem

Contact Robert Hall at ( 336) 734- 7705

General Industry: March 1- 2, 2005

Robeson Comm. College, Lumberton

Contact Jo Ann Oxendine at ( 910) 618- 5680

For additional workshop information, visit our Web site at

www. nclabor. com/ osha/ etta/ 10hr. htm.

The tradition- rich apprenticeship contests at the N. C.

State Fair this year continued to attract top young talent in

carpentry, electrical, heating, masonry, plumbing, and

ventilation and air conditioning.

“ Most of us who do handyman’s work around the house

would be amazed at the abilities and skill levels of the

apprentices at these contests,” said John Baldwin, NCDOL

chief of staff who attended the contests in October. “ It was a

pleasure to go out and present the awards to these apprentices.”

Baldwin said 77 participants took part in the

five contests sponsored by the labor depart-ment

at the State Fairgrounds in Raleigh.

Warren Shull Jr. of Beam

Construction Co. won first prize in

the carpentry contest. Contestants

had five hours to demonstrate

their skills by taking part in projects that

showcased their carpentry.

The electrical award went to Shannon

Smith of Salem Electric Co. Participants took

part in a four- hour hands- on project and one-hour

final exam.

Louis Seebo III of McNutt Service Group

was the winner of the HVAC contest. This was

the first year of the HVAC contest.

The masonry contest, the pro-gram’s

oldest event, went to Jaime Salas of

Brodie Contractors. Participants built from a

blueprint a project that contained brick and

cement blocks.

Leslie Everett of C. L. Warters

won the plumbing contest. The

four- hour service installation project required

participants to use residential, commercial and

industrial methods that conform to the N. C.

Plumbing Code.

Congratulations to all of the participants and winners of

the 2004 apprenticeship contests.

5

Wage and Hour Seminars

March 8, 2005

Rowan- Cabarrus Comm. College, Salisbury

( 704) 637- 0760

March 22, 2005

J. E. Broyhill Civic Center, Lenoir

( 828) 726- 2407

April 7, 2005

Murphy Medical Center, Murphy

( 828) 837- 8161

For updated agenda information and details on how to

register, visit the Wage and Hour Bureau Web site at

Charlotte Safety School www. nclabor. com/ wh/ seminars. htm.

March 23- 24, 2005

Marriott Executive Park, Charlotte

To register, visit www. charlottesafetyschool. com.

2004 Apprentice Contest Winners Announced

W. Shull

S. Smith

L. Seebo

J. Salas

L. Everett

FREE Ledger subscriptions available at

www. nclabor. com/ news/ ledgersubs. htm