NCDOL Surveys of the Public Sector
The N. C. Department of Labor ( NCDOL), Division of Occupa-tional
Safety and Health ( OSH), evaluated occupational injury
and illness data for local government and state agencies and
determined that a reduction of workplace injuries and illnesses is
essential.
The OSH Division’s Bureau of Planning, Statistics and Informa-tion
Management ( PSIM) conducts the annual North Carolina
Public Sector Occupational Safety and Health Injury and Illness
Survey each spring. Survey forms are mailed to public sector
( state and local government) employers with 11 or more employ-ees
controlled by the employer as a whole. NCDOL uses the sur-vey
data to focus activities in areas such as consultation, training,
technical assistance, inspections and other outreach programs to
reduce workplace injuries and illnesses.
The survey requests employment information ( average number
of employees and total hours worked) and summary information
from an employer’s injury and illness log. These data are used to
calculate a survey responder’s days away, restricted or trans-ferred
( DART) rate, which is then compared to the survey
responder’s specific category calculated DART rate. A thorough
explanation of this program can be found in Chapter 2 of the
OSH Division’s Field Operations Manual ( FOM) and the
Operational Procedure Notice ( OPN) 128, which are available
on the NCDOLWeb site: www. nclabor. com.
Survey Questions and Answers
While conducting the annual public sector survey, the PSIM
Bureau has noted questions that have been consistently raised by
survey participants. The four most frequently asked questions are:
1. Is this an annual survey?
The public sector survey, administered by the PSIM Bureau,
is an annual survey conducted in the spring of each year.
2. Is this the same survey as the one conducted by the
U. S. Bureau of Labor Statistics?
The public sector survey is very similar to the annual BLS sur-vey,
but they are two distinct surveys. The NCDOL conducts
both surveys; however, the BLS survey is administered by the
federal government and is considered confidential information.
3. Since it’s similar to the BLS survey, why not use the
information from that survey?
The BLS survey is conducted by the NCDOL Research and
Policy Division, and it requests more detailed information
related to injuries and illnesses that occurred in the workplace.
As previously mentioned, the public sector survey is conduct-ed
by the NCDOL Bureau of Planning, Statistics and Infor-mation
Management.
4. Is our response to this survey mandatory?
Yes. Government agencies are required under North Carolina
General Statute ( NCGS) 95- 148, “ Safety and Health Programs
of State Agencies and Local Governments,” to respond to the
public sector survey. Each public sector employer must partici-pate
in the survey.
Survey participants have the most difficulty completing the sur-vey
in two areas. These two areas are calculating the average
number of employees and calculating the total employee hours.
The DART rates are computed using both of these figures, and it
is essential that these numbers are as accurate as possible.
The average number of employees includes all employees ( full-time,
part- time, temporary, seasonal, salaried and hourly) on the
payroll during an entire calendar year. This number can be calcu-lated
by adding together the total number of employees on the
payroll for each pay period during the year, then dividing that
total by the number of pay periods in that year ( including any pay
periods with no employees). The total employee hours is the total
number of hours worked by employees for an entire calendar year
( not including vacation, sick leave, holidays or any other non-work
time). For example, the average employee working 40
hours a week, 50 weeks per year, with two weeks of vacation,
will work 2,000 hours per year.
What is NCDOL doing with the
survey information?
Through coordinated efforts by the Bureau of Planning, Statistics
and Information Management and the North Carolina Public
Sector Advisory Group, PSIM has had a high response rate for the
annual public sector survey. However, if a public sector employer
decides not to respond to the PSIM Bureau requests for annual
injury and illness information, the non- responding employers will
be included on the next inspection assignment list.
Employers with a calculated DART rate at or above the target rate
for their specific category will be included on the NCDOL
inspection assignment list. These survey responders will be sort-ed
into four groups or classes by their DART rate, from higher to
lower, and will be divided in the targeting system database by
specific employer categories ( See OPN 128, Appendix A).
Compliance inspection assignments will be generated with a higher
priority placed on those survey responders with the highest DART
rates within their specific category. Any public sector survey
responder whose current rate is below the target rate may also be
randomly assigned for inspection. Any site may be inspected at any
time as a result of a work- related accident, fatality, complaint or
referral.
Recordkeeping Questions and
Answers
1. Our North American Industry Classification System
( NAICS) code is on the exemption list. Why does 1904
apply to me?
Federal OSHA does not provide coverage for the public sec-tor;
however, the NAICS code exemption list in the 1904 stan-dards
contains public sector NAICS codes. In 1904.37( b)( 3),
federal OSHA requires state- plan states to gather injury and
illness statistics from the public sector. Therefore, the public
sector NAICS code exemptions apply only to states where
federal OSHA has jurisdiction, but not in states such as North
Carolina with state OSHA programs.
Additionally, NCGS 95- 148, Safety and Health Programs of
State Agencies and Local Governments, and NCGS 95- 143,
Record Keeping and Reporting, require public sector employ-ers
to maintain these records.
2. Can we have one 300 log for the entire city/ county?
Can we separate our 300 logs by division or department?
Yes and yes; however, you must be able to sort and print the
information by “ establishment.” The standard requires you to
maintain or make available a 300 log for each “ establishment”
that is expected to be in business for one year or longer. The
standard defines an establishment as:
A single physical location where business is conducted or
where services or industrial operations are performed. For
activities where employees do not work at a single physical
location, such as construction; transportation; communications,
electric, gas and sanitary services; and similar operations, the
establishment is represented by main or branch offices, termi-nals,
stations, etc. that either supervise such activities or are the
base from which personnel carry out these activities.
3. May we keep the records for all our establishments at a
central location so that we can ensure properly trained
employees are making the entries?
Yes, you can keep the records at a central location as long as
you can:
• Transmit the information about the injuries and illnesses
from the establishment to the central location within seven
calendar days.
• Produce and send the records from the central location to
the establishment within the time frames required by
1904.35 and 1904.40.
4. We would like to use a computer database or spread-sheet
instead of paper forms, but all of our injuries and
illnesses may be one file or database. Is this acceptable?
Yes, as long as you can sort and print the information by estab-lishment.
5. An employee was visiting one of our sites and was
injured. Where do we record the injury?
You must record the injury on the log of the establishment
where the employee was injured.
6. How do we count the days away from work or days of
restricted activity?
You are required to count every calendar day that the employee
is not capable of working regardless of whether the employee
was supposed to work. This includes weekends, holidays and
scheduled vacations.
Training Questions and Answers
1. Is training available to help us understand the require-ments?
Yes. The NCDOL’s Occupational Safety and Health ( OSH)
Division, Bureau of Education, Training and Technical
Assistance ( ETTA), provides or hosts many types of training
events. There are safety and health schools at locations across
the state throughout the year. Additionally, ETTA provides
training through the small business centers at many community
college campuses.
ETTA conducts free 10- hour and 30- hour workshops in gen-eral
industry and construction. These classes are conducted by
NCDOL personnel.
More information about these classes and schools can be
found at our Web site: www. nclabor. com, on the Occupational
Safety and Health page or on the Calendar of Events page.
Health Hazards Special Emphasis
Program Questions and Answers
1. In 2002, NCDOL conducted a special emphasis pro-gram
in the public sector about lead exposure in firing
ranges. Is this program still in effect?
Contacting Us
You may contact us at:
1- 800- 625- 2267 ( 1- 800- NC- LABOR) or directly:
Division of Occupational Safety and Health:
( 919) 807- 2900
Safety and Health Compliance
Eastern Office: ( 919) 779- 8570
Western Office: ( 336) 776- 4420
Consultative Services:
( 919) 807- 2899
Education, Training and Technical Assistance:
( 919) 807- 2875
Planning, Statistics and Information Management:
( 919) 807- 2950
Agricultural Safety and Health:
( 919) 807- 2923
Our central mailing address is:
Division of Occupational Safety and Health
N. C. Department of Labor
1101 Mail Service Center
Raleigh, NC 27699- 1101
Information
for the
Public Sector
Division of Occupational Safety and Health
Cherie Berry
Commissioner of Labor
No, the lead special emphasis program for the public sector
has expired. NCDOL has implemented a special emphasis
program focused on specific airborne contaminants that give
rise to serious health effects.
2. What substances are covered by this special emphasis
program?
The substances that fall under this special emphasis program
are asbestos, isocyanates, lead, crystalline silica and styrene.
3. How can public sector employees be exposed to these
substances?
Occupational exposures to asbestos, silica and lead in public
sector are well documented. Certain building materials
installed before 1980 are known to contain asbestos. These
include, but are not limited to, pipe insulation, sprayed- on
fireproofing or surfacing material, ceiling tiles, flooring mate-rials
and mastics, and roofing as well as some wall joint com-pounds.
Lead is often found in paint used to coat steel structures that
are exposed to weather such as bridges and overpasses.
Exposure can occur when workers are cutting, welding, grind-ing,
or using abrasive blasting on steel surfaces such as
bridges and tanks that are coated with lead- bearing paints.
Crystalline silica is silicon dioxide ( SiO2) and is a ubiquitous
substance that is the basic compound of sand, quartz and gran-ite
rock. Occupational exposure to crystalline silica dust has
long been known to produce silicosis, pneumoconiosis or dust
disease of the lungs. Silica is present in almost every process
where natural minerals are handled. Among its many sources
for exposure, silica is prevalent in the manufacture and use of
abrasives ( e. g., sandblasting), in the construction industry in
construction materials and/ or as a byproduct of activities ( e. g.,
concrete cutting on highways), and in the manufacture of
glass and pottery.
Because isocyanates and styrene exposures are most often
linked to manufacturing of foams and reinforced plastics,
respectively, exposure of public sector employees to these
substances is not considered to be significant.
4. How will we know if this special emphasis program
applies to us?
Health hazard SEP inspections will be generated through acci-dents,
complaints, referrals and general industry programmed
criteria in both construction and general industry.
5. Can I view and access information about this special
emphasis program?
Yes, the directive describing the inspection scheduling and
enforcement guidelines for this special emphasis program is
designated as Operational Procedure Notice ( OPN) 135. This
document can be accessed through the N. C. Department of
Labor Internet site by going to www. nclabor. com/ osha/
compliance/ publicopn/ opnindex. htm.
6. What do we need to do?
The OSH Division enforces separate standards for occupa-tional
exposure to lead in general industry ( 29 CFR
1910.1025) and in construction activities ( 29 CFR 1926.62).
Both of these standards require employers to conduct “ initial
monitoring” of a representative number of employees for
exposure to lead to determine what other requirements of
these standards may apply. In addition, employers of employ-ees
engaged in certain construction- related activities must
assume a certain level of lead exposure and provide the appro-priate
type of respirator unless initial monitoring indicates that
a less protective respirator— or no respirator— is appropriate.
There are also distinct standards for occupational exposure to
asbestos in general industry ( 29 CFR 1910.1001) and con-struction
( 29 CFR 1926.1101). Both of these standards require
employers who have employees exposed to asbestos through
work activities to conduct an initial exposure assessment to
determine what other parts of the standard apply. In addition,
each of these standards requires the building owner or facility
owner to conduct a survey of their buildings to identify the
presence, location, type and approximate amount of asbestos-containing
materials in their buildings. This information must
be conveyed to their employees, to tenant employers and to
contractors doing work in those buildings where contact with
or disturbance of asbestos- containing material may occur.
For the other three substances ( isocyanates, styrene and sili-ca),
there are no substance- specific standards. However, the
air contaminant standard ( 29 CFR 1910.1000) requires
employers to maintain exposures to or below the permissible
exposure limit ( PEL) specified for each of these substances.
Whenever engineering and administrative controls are not
sufficient to maintain worker exposure below these levels, the
employer must supplement with respirators and ensure that
they are used in accordance with the OSHA respiratory pro-tection
standard, 29 CFR 1910.134.
Printed 02/ 08
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