By Heather Crews

Public Information Officer

A popular beach town

along North Carolina’s Crystal

Coast became the first local

government or state agency to

receive the Public Sector Star

awarded by the N. C.

Department of Labor.

Emerald Isle, with a popula-tion

of about 3,720, was the first

to qualify for the new award

designed specifically for local

governments or state agencies.

The town has 60 employees.

State Labor Commissioner

Cherie Berry visited the town

March 20 to present officials

with the award and Star flag.

“ When you fly this flag, do so with

pride, because you have made safety a

priority in the workplace,” Berry said.

“ You’re setting an example and leading

the way for other public sector sites to

become a Star.”

The town began working toward the

Public Sector Star after requesting safety

and health consultation from NCDOL.

“ The Consultative Services Bureau had

been working with us and encouraged

us to apply for the Star,” said Bill

Walker, fire chief and safety director for

Emerald Isle. “ Everyone from the

department was very encouraging, and

we’ve finally worked our way up to it.”

The Public Sector Star program cre-ates

an injury and illness rate baseline

from the three previous years of OSHA

300 logs. The next three years’ rates are

then compared to the baseline to track

trends in injuries and illnesses.

The goal is to continue improving safety

and health practices in the workplace.

Areas reviewed by NCDOL personnel

during the safety and health evaluation

process included machine guarding,

personal protective equipment, haz-ardous

substances and material safety

data sheets. The department also reviewed

written safety and health programs and

training programs.

“ Both the town’s management and

the employees are really committed to

safety,” said LaMont Smith, Carolina

Star program coordinator. “ That’s an

important key to having a great safety

and health program.”

Other awards in the NCDOL Star

programs include the Carolina Star for

general industry, Rising Star for sites

working to meet Carolina Star criteria,

and Building Star for construction sites.

Mount Airy in 1996 was the first local

government to join one of the labor

department’s Star programs— the Carolina

Star. The city soon will transition into

the public sector program.

For a complete list of requirements for

the new Public Sector Star program,

visit the NCDOL Web site at

www. nclabor. com/ osha/ star/ star. htm.

N. C. Department of Labor officials present the Town of Emerald Isle with the agency’s first Public Sector Star award.

The award recognizes local governments and state agencies for outstanding worker safety achievements.

NC Labor

Town of Emerald Isle Honored for Safety

Coastal NC town is the first Public Sector Star recipient

LEDGER March/ April 2006

For more information regarding any of our Star safety programs,

contact our Consultative Services Bureau at ( 919) 807- 2899.

By Heather Crews

Public Information Officer

The N. C. Department of Labor honored more than 135 growers

for being in full compliance with migrant housing regulations at a

luncheon in February.

“ All of you are models that other growers should follow,” Labor

Commissioner Cherie Berry said at the luncheon. “ I thank you for

going above and beyond what the law requires.”

Gold Star Growers qualify for the award when they register housing

45 days before occupancy and are found to comply 100 percent with

state housing regulations. They also must have obtained approval

from the local health department for their water and septic systems.

The Gold Star Grower program enables the four agricultural safety

and health inspectors to focus their efforts on growers who have

been unable to meet the same requirements. Once Gold Star

Growers have been in compliance for two years, they are eligible to

perform their own housing inspections for one year.

Besides the Gold Star Grower award, the department this year

recognized three outstanding growers: Jody Chamblee of Johnston

County, Edward Pike of Halifax County and George Warren of

Sampson County. Chris Barnhill of Bladen County was honored for

most improved Gold Star Grower.

I don’t know how many of you have been to our Web

site recently, but if you have, I hope you found it to be a

pleasant surprise.

In February, we revamped the site and tried to give it

a fresher look. We wanted to make it easy for you to get

information on the wide variety of areas we regulate.

As part of the new design, our divisions and bureaus

are listed on the home page so you can get to your desti-nation

quickly. The new Calendar of Events page lists all

of the seminars, training events and meetings on one

page. You don’t have to search throughout the site to find

what you are looking for.

I urge you to take a few minutes to check out the Web

site and see what you think. You might find something

your business needs that you never knew was there. Did

you know our Consultative Services provides free sample

programs on their site? Did you know you can now file

many forms and requests electronically?

The Web site gets hundreds of hits a day, and I hope

each visitor enjoys the new site. If you have any

comments about the new design, feel free to let us know.

Your feedback is always welcome.

Inside this edition:

New Web Site for Poster Requirements page 3

Top 10 Violations page 3

Workplace Worries page 4

Deadly Mistakes page 4

2006 Safety Awards Schedule page 5

Wilmington Safety School Scheduled for July page 5

NCDOL Bulletin Board page 6

2

From

Commissioner

Cherie Berry

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 Honors Top North Carolina

Growers During Gold Star Ceremony

State Labor Commissioner Cherie Berry joins recipients of the N. C. Department of

Labor’s Gold Star Grower award at a luncheon in Raleigh. Gold Star Growers

earned the honor after being in full compliance with migrant housing regulations.

By Heather Crews

Public Information Officer

State and federal laws require businesses to put up posters

in the workplace on various labor law provisions. The

hodgepodge of posting requirements can be confusing for

employers.

To help business owners with the confusion, the N. C.

Department of Labor created in March a new section on the

NCDOL Web site to help business owners understand the

requirements. The site makes all the required posters, federal

and state, available in a downloadable format.

“ The labor department requires only the N. C. Workplace

Laws poster, but there are many more posting requirements,”

said N. C. Labor Commissioner Cherie Berry. “ Regardless

of which federal or state poster employers need, they can get

them on our Web site for free.”

To obtain a free, regulation- size poster on state labor law

requirements, employers can call the Education, Training

and Technical Assistance Bureau at 1- 800- 625- 2267. However,

the bureau does not provide other required posters.

“ Not every business is required to post all of the notice

posters,” NCDOL legal counsel John Hoomani said. “ The

number of posters required depends on the type of industry.”

For example, the Migrant and Seasonal Agricultural

Worker Protection Act Notice is required of only farm labor

contractors, agricultural employers and agricultural associations

that employ migrant or seasonal agricultural workers.

The U. S. Department of Labor’s Web site provides a

“ Poster Advisor” that asks business owners a series of questions

to determine what posters are necessary. Visit the USDOL

advisor site at www. dol. gov/ elaws/ posters. htm.

Poster Solicitations

Businesses that receive letters or e- mail solicitations from

companies offering to sell the posters should disregard them.

“ I want every business owner in North Carolina to know

that they don’t have to pay for posters,” Berry said. “ Any

government agency that requires a poster provides it for free.”

A new round of solicitations making its way to businesses

tells owners that the North Carolina poster has changed

significantly. The letter goes on to say business owners must get

their new poster or risk large fines, some as much as $ 17,000.

Although it is true the N. C. Workplace Laws poster was

updated and reformatted recently, no business will be fined

for not having the latest version of the poster. The newest

version is available free by calling 1- 800- 625- 2267.

The revisions to the poster reflect changes to the N. C.

Occupational Safety and Health, Wage and Hour, and

Retaliatory Employment Discrimination acts.

Visit the newly designed, user- friendly NCDOLWeb site

at www. nclabor. com/ posters/ posters. htm to download the

posters for free.

3

New Web Site for Poster Requirements

The N. C. Department of Labor

Occupational Safety and Health

Division found more than 9,000 serious

violations at nearly 5,000 workplaces

in 2005.

The following list shows the 10 most

frequently cited serious violations in

both construction and general industry.

The categories provided below are fol-lowed

by the specific OSHA standard.

Statistics are for the private sector only.

Construction

Fall protection in residential construction— 1926.501( b)( 13)

Frequent and regular safety inspections— 1926.20( b)( 2)

Eye and face protective equipment— 1926.102( a)( 1)

Fall protection training program— 1926.503( a)( 1)

Head protection— 1926.100( a)

Fall protection on steep roofs with unprotected sides and

edges— 1926.501( b)( 11)

Accident prevention responsibility of the employer—

1926.20( b)( 1)

Fall protection on surfaces with unprotected sides and

edges— 1926.501( b)( 1)

Portable ladder should extend 3 feet above landing—

1926.1053( b)( 1)

Employer responsibility to train in hazard recognition and

avoidance— 1926.21( b)( 2)

General Industry

Machine guarding— 1910.212( a)( 1)

Employers shall provide a workplace free from recognized

hazards ( General Duty Clause)— N. C. General Statute 95- 129( 1)

Abrasive wheel machine guarding exposure adjustments—

1910.215( b)( 9)

Continuous grounding path— 1910.304( f)( 4)

Eye and body drenching or flushing facilities— 1910.151( c)

Abrasive wheel machinery work rests— 1910.215( a)( 4)

Eye and face protection— 1910.133( a)( 1)

Points of operation guarding— 1910.212( a)( 3)( ii)

Protection from open- sided floors, platforms and runways—

1910.23( c)( 1)

Unused openings in electrical boxes or fittings—

1910.305( b)( 1)

Violations were cited Oct. 1, 2004, through Sept. 30, 2005.

Information also will be provided— including number of violations—

on the NCDOLWeb site, www. nclabor. com, under Publications.

Look for the most frequently cited violations in the public sector in

the May/ June issue of the Ledger.

By Steve Sykes

State Plan Coordinator

Fatal Event: On Jan.

3, 2006, an employee

was struck by a car while his crew was setting up a section of

road as a work construction area. Immediately after the accident,

doctors amputated the worker’s legs in efforts to save his life.

Despite medical efforts, the victim died 11 days later.

Investigative Results: The crew was setting up the work

zone near a curve in the road when the accident occurred.

The victim was standing in the road showing an

employee how to place the first work zone sign. A

motorist rounded the curve at about 50 miles per

hour and struck the victim. A Highway Patrol

report said the position of the rising sun

was a factor in the accident. The

motorist confirmed that his vision was

affected by the rising sun and may have closed

his eyes momentarily. The investigation showed

that warning signs were not properly placed and did

not take into account the effects the sun would have

early in the morning as drivers rounded the curve. The spot

chosen for the first work zone sign was hundreds of feet past

the correct spot where the first warning should have been posted.

Requirements for traffic control signs, signals, barricades

or other worker- protection devices must conform to the

appropriate version of the Manual on Uniform Traffic Control

Devices. Employee training should include the hazards

associated with working near moving traffic.

Discussion: Work zone activity in a designated area on a

street or highway where construction is taking place can affect

the lives and safety of construction workers as well as drivers.

In fact, the N. C. Department of Transportation statistics indicate

that more than four out of five work zone crash fatality victims

are motorists. Of the 23 construction fatalities investigated by

the N. C. Department of Labor in fiscal year 2005, six were

struck- by accidents that included road construction workers.

In the last two years, an employee on a mower, an employee

using a weed eater, a meter reader crossing the highway, a

tree trimmer, and a truck driver with a stalled vehicle

were hit while working beside a highway or street.

Care should be taken by motorists, as well as

employees who share the road.

Work Zones Driving Tips

Expect the unexpected.

Slow down.

Don’t tailgate; keep a safe distance

between you and the car ahead of you.

Pay attention to the signs.

Obey road crew flaggers.

Stay alert and minimize distractions.

Keep up with the traffic flow.

Schedule enough time to drive safely.

Be patient and stay calm.

Tips provided by the Federal Highway Administration in

conjunction with the Seventh Annual National Work Zone

Awareness Week held April 3 through April 9.

4

Q: How should hours

for volunteer firefighters

and emergency medical

workers be calculated?

A: An amendment

added to the N. C. Wage

and Hour Act effective

July 31, 2002, specifically addresses the hybrid

volunteer/ employee combination for firefighters and emer-gency

medical personnel who work at incorporated, nonprofit

volunteer or community fire departments or rescue squads. The

amendment states that the minimum wage, overtime and

recordkeeping provisions do not apply to hours worked as a

bona fide volunteer firefighter or rescue and emergency per-sonnel

at an incorporated, nonprofit volunteer or community

fire department or rescue squad.

Before the amendment, a paid employee for these organizations

could not volunteer to do the same or very similar job that he

or she was paid to perform if the volunteer hours, combined

with the paid hours, brought the employee below the minimum

wage or resulted in the employee working more than 40 hours

in a workweek, pursuant to the N. C. Wage and Hour Act.

With the new amendment, the N. C. Department of Labor

cannot enforce and employees cannot sue for minimum wage

or overtime payment when volunteering at an incorporated,

nonprofit volunteer or community fire department or rescue

squad if they are paid for working at the same establishment.

The amendment does not affect volunteers who volunteer

100 percent of their time. The N. C. Wage and Hour Act does

not require any payment of wages to bona fide volunteers who

only volunteer their services. The state amendment does not

affect paid firefighters or rescue- emergency medical personnel

who do not perform any volunteer work at all for the same

organization, as all of their work time is paid time.

Federal minimum wage and overtime pay provisions, pursuant

to the Fair Labor Standards Act, may protect “ hybrid volunteer-employees”

for volunteer work hours if they are also paid by

the same organization. The federal wage and hour law looks at

each firefighter and rescue personnel on an individual basis to

determine if they are involved in interstate commerce. Federal

officials take the position that employees are covered by federal

pay provisions if they respond to a vehicle accident on a public

road. Any public street, country road or state highway is

considered a public road since all roads lead to an interstate

highway. For more assistance on federal laws, call the U. S.

Department of Labor at 1- 866- 4- USWAGE or visit USDOL

Web site at www. dol. gov/ esa/ whd.

For more information on volunteer firefighter or medical

rescue personnel provisions, visit the NCDOL Web site at

www. nclabor. com/ wh/ whfacts. htm.

Work

z o n e

w a r n i n g

signs should

be posted to allow

plenty of warning

time to motorists.

The Wilmington area’s largest safety exposition is

scheduled for July 27- 28 at the Hilton Wilmington Riverside.

The 56th Annual Wilmington Regional Safety and Health

School covers topics such as work zone safety, workplace

violence prevention, scaffolding and trenching safety, and

incident investigations.

Keynote speaker Troy Middleton will discuss changing

the safety culture at the National Aeronautics Space

Administration. State Labor Commissioner Cherie Berry

and Buck Lattimore, chairman of the state Industrial

Commission, will also speak at the school.

The safety school grants 10 credit hours towards the

Manager of Environmental Safety and Health ( MESH)

Certificate, a certificate program designed for individuals

with environmental or safety responsibilities who wish to

improve their practical knowledge while earning valuable

credentials. The certificate is awarded after completion of

30 hours of core courses and 70 elective hours.

The cost of the school is $ 175 before July 11 and $ 215

after that date. To register, visit the school’s Web site at

www. wilmingtonsafetyschool. com.

April 18 ...................................... Asheboro

April 18 .................................. Lumberton

April 25........................................ Roxboro

April 27 ...................................... Concord

May 2 .......................................... Gastonia

May 9 ...................................... Burlington

May 11.................................... Greensboro

May 18 ...................................... Charlotte

May 22 .......................................... Clinton

May 23 .................................. Wilmington

May 31 ...................................... Statesville

June 1.................................... Rockingham

June 5............................................ Sanford

June 6........................................ Greenville

June 6.............................................. Wilson

June 7........................................ Goldsboro

June 8 .......................................... Hickory

June 14 .......................................... Raleigh

June 15 .................................... Morganton

June 19................................ Rocky Mount

June 20............................................ Shelby

June 21 .................................. Thomasville

June 22 .................................. Mount Airy

June 26 .............................. Elizabeth City

June 27 .................................... Henderson

June 29........................................ Asheville

2006 Safety Awards Schedule

Wilmington Safety School Scheduled for July

5

Know someone who would enjoy

a FREE Ledger subscription?

Help your co- workers stay

safe and informed! NC Labor LEDGER

Click here to subscribe.

Our popular Deadly Mistakes column is now available in a single

document on the Web site. Print out Deadly and use it for safety meetings

and toolbox talks. Go to www. nclabor. com/ news/ ledger. htm.

       

	  
  

 
 

Our popular industry

guide, A Guide to OSHA

for Small Businesses in

North Carolina (# 41S), is

now available in Spanish.

Visit www. nclabor. com

and click on Publications.

10- Hour Construction

Industry Workshops

April 26- 27 and May 3- 4

Rowan Cabarrus Community College, Salisbury

Contact Heidi Whitesell at whitesellh@ rowancabarrus. edu

6

10- Hour General Industry

Workshops

April 26- 27

Nash Community College, Rocky Mount

Contact Fred Brooks at fbrooks@ nashcc. edu to register

July 18- 19

Southminster, Charlotte

Contact Nancy Culp at nculp@ southminster. org to register

Wage & Hour Seminars

April 19

Morrisville Chamber of Commerce, Morrisville

April 25

Stanley Community College, Albemarle

April 27

City Hall Council Chambers, Wilmington

Register at www. nclabor. com/ wh/ seminar_ register. pdf

76th Annual

Safety Conference

May 9- 12

Joseph S. Koury Convention Center, Greensboro

Contact Anne Hill at ( 919) 807- 2703

Apprenticeship Celebration

April 20

N. C. State Fairgrounds, Raleigh

Call ( 919) 733- 7533 for more information

30- Hour General Industry

Workshop

June 12- 16

Cape Fear Community College, Castle Hayne

Register at www. nclabor. com/ calendar. htm

Mine and Quarry Training

May 8

Part 46 Annual Refresher Training

May 9

Part 46 New/ Experienced Miner Training

All miner and refresher training will take place at the

Hanson Training Center in Wake Forest. Contact our

Mine and Quarry Bureau at ( 919) 807- 2790 for more

information.

Have labor- related questions or concerns?

Call 1- 800- 625- 2267

or visit our Web Site www. nclabor. com.