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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.
Object Description
Description
Title | NC labor ledger. |
Date | 2006 |
Subjects |
North Carolina. Department of Labor--Periodicals Industrial relations--North Carolina--Periodicals Labor policy--North Carolina--Periodicals Labor laws and legislation--North Carolina--Periodicals |
Description | March/April 2006 |
Publisher | N.C. Dept of Labor |
Agency-Current | North Carolina Department of Labor |
Type | Text |
Language | English |
Digital Characteristics-A | 556 KB; 6 p. |
Digital Format | application/pdf |
Related Items | http://www.nclabor.com/news/ledger.htm; http://worldcat.org/oclc/51989157/viewonline |
Title Replaces | North Carolina. Department of Labor. Labor ledger : for North Carolina employers and employees |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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. |
OCLC number | 51989157 |