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.
