NC labor ledger

              By Heather Crews

Public Information Officer

The federal minimum wage increase

that went into effect July 24 will affect

only tipped employees in North

Carolina for the next year.

The state’s minimum wage of

$ 6.15 an hour is higher than the

new federal wage of $ 5.85,

which will be in effect until

July 24, 2008. Employers are

required to pay the higher of the

state or federal minimum wages.

However, the 70- cent increase

in the federal wage on July 24

created a corresponding increase

in the tip credit employers are

allowed to count toward the

payment of wages for tipped employees.

Employers will be required to pay

tipped employees as little as $ 2.43 in

cash wages as long as the employees

make at least $ 3.72 an hour in tips— the

maximum tip credit allowed under fed-eral

law— to bring the hourly wage up

to the current state minimum wage of

$ 6.15 an hour.

The federal minimum wage increases

again on July 24, 2008, to $ 6.55 an

hour. Another increase to $ 7.25 an hour

is scheduled for July 24, 2009. Once the

federal minimum wage is higher than

the state minimum wage, the federal

rate will prevail.

Effective July 24, 2008, employers

will be required to pay at least $ 2.13 an

hour in cash wages as long as the tipped

employees make at least $ 4.42 in tips.

Employees must be allowed to keep

all tips, except that pooling is permitted

if no employee’s tips are reduced more

than 15 percent. The employer must

keep an accurate and complete record

of tips as certified by each employee for

each pay period. Without

these records, the employer

may not be allowed the tip

credit.

Since Jan. 1— when the

state minimum wage rose to

$ 6.15 an hour— employers

have been required to pay

tipped employees $ 3.13 an

hour, while taking a maximum

tip credit of $ 3.02.

If employees are not paid

minimum wage, they can file

a complaint with the NCDOL

Wage and Hour Bureau, which enforces

minimum wage, overtime and other

wage payment laws, by calling 1- 800-

625- 2267.

For more information on the tip credit

or minimum wage, visit the NCDOL Web

site and click on “ Minimum Wage.”

NC Labor

Tip Credit Affected by Federal Minimum Wage Increase

LEDGER July/ August 2007

Effective Date Minimum Tip Credit Cash Wage

Wage Allowed

Jan. 1, 2007 $ 6.15 $ 3.02 $ 3.13

July 24, 2007 $ 6.15 $ 3.72 $ 2.43

July 24, 2008 $ 6.55 $ 4.42 $ 2.13

July 24, 2009 $ 7.25 $ 5.12 $ 2.13

The chart shows the cash wage and tip credit allowed for tipped employees.

The minimum wage—$ 6.15 an hour since Jan. 1, 2007— will increase to $ 7.25

an hour over a two- year period for all employees in North Carolina.

The labor law poster required at all North Carolina workplaces has

been updated after changes to the federal minimum wage.

Employers who currently have a poster printed in December 2006

or after that date do not need to order a new poster. Those posters

already carry information on the state minimum wage of $ 6.15 an

hour. However, a downloadable patch is available on the NCDOL

Web site that can be printed and pasted over the old information.

“ Over the past six months we sent out more than 50,000 posters

after the state minimum wage changed Jan. 1,” Labor Commissioner

Cherie Berry said. “ We saw no need to send out another 50,000 for

a change to a few paragraphs, so we came up with the idea of the

patch. We’ll save money on printing costs and mailing costs.”

The patch includes the three- step change to the federal minimum

wage, which will affect North Carolina employers in 2008 when the

minimum wage increases to $ 6.55 an hour. It also includes the new

cash wage of $ 2.43 required for tipped employees that went into

effect July 24, 2007.

Employers may notice that the new posters are in a two- page

format. Both posters are required to be posted under state law.

To download the patch, visit www. nclabor. com and click on “ Free

Labor Law Posters.” Achart is available to help you determine if you

have a poster that needs a patch. Print out the patch and paste over

the appropriate section of the poster. A patch is available for the two

different size posters currently in

Updated N. C. Labor Posters Reflect Federal Minimum Wage Change

continued on page 2

Inside this edition:

Record Number of Safety Awards Presented page 3

CPR Training Saves a Life page 4

Deadly Mistakes page 4

NCDOL, Ports Authority Sign Agreement page 5

Salesmen Pose as NCDOL Inspectors page 5

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

1101 Mail Service Center

Raleigh, NC 27699- 1101

1- 800- 625- 2267 • www. nclabor. com

Recognition Roundup recognizes businesses that qualify for one of

the N. C. Department of Labor recognition programs.

Congratulations to all of the award recipients during May and June.

Recognition Roundup

The N. C. Department of Labor Web site is expanding

to offer more safety and health material for employers

and employees.

We’ve recently added a new publication, Quick Cards,

to the Web site. These cards contain information on a

variety of safety and health topics from carbon monoxide

to tree trimming safety. The cards can be downloaded

free and used at safety meetings or posted on bulletin

boards.

We’re also in the process of creating an Occupational

Safety and Health Topics A to Z page. Each safety and

health topic will have its own page, with links to standards,

operating documents, publications and other Web links.

Once we get a few topics ready, we’ll go ahead and

post on the site. More topics will be added as we get them

created.

These pages are going to be really helpful because

they will have all the information you need in one place.

You won’t have to look on several pages to find all the

information we have on bloodborne pathogens or lock-out/

tagout.

We want www. nclabor. com to be your No. 1 resource

for safety and health information.

We hope that you will find the expanded site helpful.

Carolina Star Award

Kinder Morgan Material Services LLC, Sanford

Glen Raven Fabrics LLC, Norlina

Mundy Maintenance/ Service, INVISTA/ Fortron Site

( Promoted from Rising Star)

Building Star Award

Turner Construction Company, Charlotte

Safety and Health Achievement Recognition

Program ( SHARP) Award

Lutheran Home Hickory NW, Hickory

McKenzie Sports Products, Salisbury

Watauga Opportunities, Boone

Employees at Kinder Morgan

Material Services in Sanford

raise the Carolina Star Flag.

circulation— a one- page 18" x 24" poster and a two- page 11" x 17" poster.

If you have a poster printed before December 2006, it is out- of- date. You

may order a free, updated poster on the NCDOL Web site at

www. nclabor. com/ posters/ NCPosters. html.

Updated N. C. Labor Posters ( continued)

          	 
   
   

     





















   

     

















Our new Safety Quick Cards

are now available covering a

variety of topics.

Click here to get yours!

        	    
   
  
  	         


      	 
    
    	

By Heather Crews

Public Information Officer

The N. C. Department of Labor

wrapped up in August a three-month

celebration of outstanding

safety and health achievements in

the workplace.

The 61st year of the safety awards

program ended with a banquet in

Ahoskie on Aug. 7 after more than

2,000 awards were distributed at

28 banquets.

“ We set a record for safety awards

this year,” safety awards coordinator

LaFonda Mauldin said. “ We’ve

never given out so many awards in the 61 years of the program.

I’m thrilled to see the program growing and recognizing so many

deserving businesses for safety and health.”

Under program rules, recipients must be free of fatal accidents

at the site. The gold award criteria are based on a lost workday

case rate that is at least 50 percent below the statewide rate for the

specific industry. The rate includes cases of lost workdays and

restricted workdays. The silver award criteria include lost workday

cases but do not include restricted work activity. The applicant

must attain an incidence rate for cases with days away from work

that is at least 50 percent below the statewide rate for its industry.

3 Million Hour Awards

Syngenta Crop Protection

Ingersoll Rand, Mocksville

International Textile, Richmond

Honeywell

4 Million Hour Awards

Avdel USA, Stanfield

Thermo Laboratory Products

Guilford Inc., Kenansville Site

Glenoit LLC, Home Fashions

Nortel– Gateway Facility

Arden Companies, Outdoor

Replacement Cushions

5 Million Hour Awards

Baldor- Dodge- Reliance

Collins & Aikman Corp.

Glen Raven, Executive Office

John Deere, Southeast

Engineering Center

Lenovo

7 Million Hour Award

AAAIPharma

8 Million Hour Awards

Progress Energy, Harris

Nuclear Plant

Coty US LLC

9 Million Hour Award

Progress Energy, Harris Nuclear Plant

Gold Awards, 20 or More

Consecutive Years

Thomasville Furniture

Industries, Central Office ( 48)

Vulcan Construction Materials

LP, Elkin Quarry ( 41)

Bost Neckwear, Asheboro ( 40)

Broyhill Furniture Industries ( 40)

Ethan Allen, Maiden Division–

Upholstery Plant ( 37)

DAK Americas, Cape Fear

Monomers Employees ( 36)

DAK Americas, Cape Fear

Support Employees ( 36)

DAK Americas, Cape Fear

Power Employees ( 36)

Enco Oil Inc. ( 35)

Bernhardt Furniture Co., Corporate Office ( 34)

Alcoa Inc., Badin Works ( 33)

Louisiana- Pacific, Roaring River ( 32)

ATI Allvac, Monroe Plant ( 29)

Universal Spring Co. ( 29)

National Gypsum Co. ( 28)

McDowell Technical Community College ( 28)

Liggett Group Inc., Electric Shop ( 27)

Georgia- Pacific Corp., Alpha Plastics Division ( 26)

R. J. Reynolds Tobacco Co., Research and Development ( 25)

New Hanover County Department of Environmental

Management, Landfill Division ( 25)

Eaton Electrical ( 24)

Catawba Truck Rental Co. Inc. ( 23)

International Paper Co., Office ( 23)

New Hanover County, Finance Department ( 22)

New Hanover County, Register of Deeds ( 22)

Person County, Board of Education Office ( 22)

Premium Standard Farms, Clinton Facility Administration ( 22)

APAC- Atlantic Inc., Candor Sand Plant ( 21)

Syngenta Crop Protection, Greensboro ( 21)

Liggett Group Inc. Administrative Office ( 21)

Town of Garner, Planning Department ( 21)

Glen Raven Inc., Executive Offices ( 20)

Kennametal, Henderson Plant ( 20)

Marshall Air Systems Inc. ( 20)

Milliken & Co. ( 20)

Entertainment Distribution Co. ( 20)

Number in parentheses indicates number of consecutive years the

site has received a gold award.

Congratulations

to all our Safety Award Recipients!

Commissioner Berry presents Martha

Lassiter and Bost Neckwear Inc. with

the 40th consecutive year gold award

in Asheboro.

3

Record Number of Safety Awards Presented

ITG safety director Debbie Williams

accepts a 3 million hour plaque from

Commissioner Cherie Berry.

Carla Silver, safety and industrial

hygiene specialist with Merck

Manufacturing Division in Wilson,

accepts the 1 million hour award at

the Wilson banquet May 8.

LaFonda Mauldin, safety awards

coordinator, speaks to more than

150 attendees at the High Point

banquet June 20.

By Steve Sykes

State Plan Coordinator

Fatal Events: On

Aug. 1, 2006, a 41- year-old

Hispanic man died on the job as a result of overexposure

to heat.

Investigative Findings:

The deceased was a new employee who

had been assigned to the planing/ polishing

area of a sawmill operation. The day of his

death was his second day on the job and the

hottest week of the summer to that point.

Recorded temperatures at the worksite reached

96 degrees that day with high humidity.

The company had not implemented a training

program to include the signs and symptoms of heat stress. A

morning refreshment break and a 30- minute lunch break were

scheduled, and there was a lull between work activities. However,

a special break schedule was not established in response to the

extreme temperatures during the week of the victim’s death. A

sufficient supply of water was available at the site, and workers

were allowed to take water breaks whenever they needed to.

The outside water fountain was some distance away from the

work area.

The victim began showing signs of heat exhaustion during

the first day on the job, and these continued the next day.

According to co- workers, the victim complained about the heat,

experienced a loss of appetite, unusual thirst, significant sweating,

and eventually the absence of sweating and ultimately dry skin.

Sometime after 4 p. m., the victim’s behavior became erratic,

coupled with confusion and disorientation. He was taken

inside, where CPR was initiated after the victim became

unconscious. A call was placed to 911, and the EMS arrived

but could not revive the worker.

Discussion:

As demonstrated by this investigation, there is a big differ-ence

between knowing that excessive heat is dangerous and

being able to recognize when an employee

may be in the danger zone or more susceptible

to the dangers of heat. A heat stress program

is essential for these situations. The program

should include training, specific guidelines

and requirements that are enforced. The

absence of heat stress requirements that are

enforced seems to be the primary disconnect

between knowing that heat kills and preventing

a heat stress event.

Recommendations:

 Develop, implement and enforce work/ rest cycles during

hot weather.

 Employees should be taught the signs and symptoms of

heat- related illnesses.

 Employees should monitor themselves and their co- workers

for signs of heat stress.

 Workers should be acclimated to the work environment

through short heat exposures building up to longer periods

of time. This should include new employees, as well as

employees who have been away from work for two weeks

or more.

 Drink lots of water regardless of thirst. Thirst is not always

an indicator of fluid requirements.

 Wear clothing that will not contribute to a rise in body

temperature. Items of clothing can be cooled with water

to reduce body temperature.

4

When Tony Bridgers received CPR training at a class

given by the N. C. Department of Labor Mine and Quarry

Bureau, he did not know that he would soon be using his

skills to save a fellow employee’s life.

Bridgers, a hammer operator at Hanson Aggregates North

America, and two other employees were talking one morning

before beginning work when suddenly an employee collapsed

to the ground. Bridgers evaluated the employee using the

ABC process— opened the airway, checked the breathing

and checked circulation— and began CPR.

He continued CPR until emergency personnel arrived about

five minutes later. The EMTs took over, shocking the employee

twice, and took him to the hospital. A stent was installed,

and now the employee is doing well and is back to work.

Bridgers’ CPR is credited with saving the employee’s life.

He had taken a CPR and first aid class given by the Mine

and Quarry Bureau.

“ This story shows how important CPR training can be,”

bureau chief William Gerringer said. “ You never know

when you’ll be called on to help someone in need.”

The Mine and Quarry Bureau provides first aid and CPR

training for miners, along with other regulatory training

classes and consultation. For more information, visit the

Web site at www. nclabor. com/ mq/ mq. htm.

This NCDOL cooling scarf can be drenched

in water and used for cooling.

CPR Training Saves a Life

Tony Bridgers, employee at

Hanson Aggregates North

America, accepts a plaque from

Labor Commissioner Cherie

Berry. The plaque recognizes

Bridgers for using his CPR

training to help save a fellow

employee’s life.

5

By Heather Crews

Public Information Officer

The N. C. Department of Labor recently received

complaints from businesses after salespeople came to their

offices trying to sell fire extinguishers and first aid kits and

posing as NCDOL inspectors.

Business owners said the salespeople claimed they were

at the business to do a safety and health— or OSHA—

inspection and, after a walkaround of the facility, tried to sell

first aid kits and fire extinguisher signs.

“ Our inspectors will never try to sell a business anything,”

Labor Commissioner Cherie Berry said. “ Not safety signs,

first aid kits or labor law posters. If someone says they are

with the N. C. Department of Labor, look at their credentials

to make sure they are on the up- and- up.”

OSH inspectors will identify themselves and show an

identification badge anytime they come out to a business for

an inspection.

The occupational safety and health standards do require

portable fire extinguishers and readily available first aid

supplies in the absence of an infirmary, clinic or hospital in near

proximity to the workplace. Business owners should review

the standards and the requirements to ensure compliance.

Companies who called NCDOL said that the sales

representatives said that there were new requirements to the

standards. However, the standards have been in place for

many years, and there are no recent changes.

The department also has had complaints in years past

from companies approached to buy bloodborne pathogen

prevention kits and air compressor checks from self-proclaimed

“ inspectors” carrying badges. OSH inspectors,

again, would not try to sell these products or services.

The labor department has referred the complaints about

the salespeople posing as NCDOL inspectors to the N. C.

Attorney General’s Office.

For questions about OSH standards, please call the

Education, Training and Technical Assistance Bureau at

( 919) 807- 2875.

Salesmen Pose as NCDOL Inspectors to Sell Equipment

By Heather Crews

Public Information Officer

North Carolina’s busy ports renewed their commitment to

worker safety by signing a safety alliance with the N. C.

Department of Labor.

The N. C. State Ports Authority and the Labor Department

signed June 14 an agreement that sets goals to reduce injuries

and illnesses at the Wilmington and Morehead City ports,

along with inland terminals in Charlotte and Greensboro.

“ These terminals can get really busy, so safety is really

important,” said Tom Savage, a safety standards officer at

NCDOL. “ Workers can be exposed to many hazards,

especially from the moving vehicles and cranes.”

This latest agreement is one of many that the labor

department has with private industry to encourage voluntary

compliance with safety and health laws.

As part of the agreement, NCDOL and NCSPA will

implement training and education programs, develop safety

classes, and distribute safety and health information through

conferences, meetings and other events.

Representatives from both groups will meet at least annually

to discuss goals of the alliance and evaluate results.

Three of the state’s ports also received safety awards at

this year’s banquets for maintaining injury and illnesses

rates lower than the industry average. The Charlotte Inland

Terminal received a sixth consecutive year gold award. The

Triad Inland Terminal received the third consecutive year

gold award. The Morehead City port received a second

consecutive year silver award.

NCDOL, Ports Authority Sign Agreement

Four new container cranes for the N. C. State Ports Authority enter the

Wilmington port after a journey from China.

6

Carolina Star Conference

Oct. 3- 5

Greensboro

Visit www. carolinastar. org for more information.

New Workshop Series

Workshops are currently scheduled in the

following topics:

Keep your co- workers safe and informed

with a FREE Ledger subscription!

www. nclabor. com/ news/ ledgersubs. htm

10- Hour General Industry

Workshops

Aug. 15- 16

Plantation Estates, Matthews

Contact Paul Myers at ( 704) 845- 5900, Ext. 305, or

pmyers@ actslife. org.

Sept. 18- 19

Nash Community College

Contact Fred Brooks at ( 252) 451- 8233 or

fbrooks@ nashcc. edu.

Big 4 Construction Hazards

Bloodborne Pathogens

Electrical

Excavation and Trenching

Fall Protection

Hazard Communication

Heat Stress

Industrial Ergonomics

Introduction to OSH

Lockout/ Tagout

Machine Guarding

Occupational Noise

Recordkeeping

Scaffolding

Visit the NCDOL Calendar at www. nclabor. com

All links are active in the Ledger! for dates and locations.

Part 46 New Miner/

Experienced Miner Training

Aug. 20

Part 46 Annual Refresher

Aug. 23

All miner and refresher training will take place at the

Hanson Training Center in Wake Forest.

To register, call ( 919) 807- 2790.