NC Labor -February 2010 January September-October 2014 N.C. Department of Labor Cherie Berry, Commissioner 18th Annual Carolina Star Safety Conference By LaMont Smith, Recognition Program Manager T he Annual Carolina Star Safety Conference took place at the Joseph S. Koury Convention Center in Greensboro on Sept. 17-19. The theme of the conference was вЂњLiving the Safety Life.вЂќ More than 600 participants from across the state attended the conference, including a variety of vendors and speakers at the event. Opening day for conference activity began with preconference workshops designed to encourage the growth of the N.C. Department of LaborвЂ™s Star Program. The preconference workshops included topics that focused on the Star application and evaluation process. In addition, there were preconference workshops to assist current participants with preparing their Annual Star Report and other topics to assist all participants with OSHA recordkeeping. As the day progressed, the conference transitioned into the general session, where keynote speaker Kina Repp captivated the audience with a compelling story about a work-related industrial accident that forever changed her life. Repp is a safety and motivational speaker who lost her arm within the first 40 minutes of being assigned duties Kina Repp tells her compelling story to participants at the Carolina Star on her new job at an Alaskan fish cannery. Safety Conference. Repp promotes workplace safety while sharing her story During the summer of 1990, Repp went to Alaska to earn money about the day her life changed forever due to a job-related accident. to pay for her college tuition. Repp felt her assigned duties at the fish cannery were not safe. However, Repp did not want to disappoint her supervisor; therefore, she continued to work in these unsafe conditions, leading to the horrifying chain of events that followed and dramatically changed her life. ReppвЂ™s fight for survival began the moment she found herself caught in the moving conveyor belt. As she so bravely battled for her life, she found herself to be more concerned about the ripple effect her accident would have on the lives of others. She continuously relives and shares her story with others so that they do not have to experience the trauma that she did several years ago. вЂњIf youвЂ™re taking shortcuts or youвЂ™re being complacent or youвЂ™re not paying attention to what youвЂ™re doing, more than likely youвЂ™re going to be injured,вЂќ Repp said. вЂњIt might not be today, it might not be 10 years from now, but eventually those risks that youвЂ™re taking are going to catch up to you. I just feel so passionate about wanting people to understand that this is about you making choices and making decisions to keep yourself safe so you donвЂ™t have a family member getting a phone call that says youвЂ™ve been injured, or worse, that youвЂ™ve died because of a job. ItвЂ™s just not worth it.вЂќ The Carolina Star Safety Conference provided the participants with many opportunities to network and discuss safe work practices. There were several breakout session topics that concentrated on the key components of an effective safety and health management system. In addition, many breakout sessions focused on building and maintaining positive safety cultures that shape and mold the attitudes and behaviors of all worksite personnel. Conference participants indicated that they enjoyed the opportunity to share safety ideas and perspectives with employees from other companies. There are six regional teams that share in responsibility of the conference activities. The designated representatives of these regional teams include Hal Bates, Glen Raven; Brooke Beckett, Syngenta; Omar Borders, Celanese; Tony Byrum, Nucor Steel; Bonnie Carson, WSACC; Kyle Green, Elementis; Michael Magnuson, General Electric; Mark Pierce, Davidson County Solid Waste; Ann Robinson, Hospira; Tyler Robinson, PGI; and Justin Sergent, Sherwin Williams. The Carolina Star Board of Directors recognized the team representatives for their leadership roles as co-team leaders. In addition, Ann Morrison, past board member and president, was recognized for her many years of service and contributions to the Carolina Star Safety Conference Board of Directors. Finally, Leonard Mangum, Star Program consultant, indicated that he was going to retire after 19 years of service as a state employee. As a result, Leonard was recognized and received a certificate of appreciation for his 15 years of dedicated continued on page 3 Inside this edition: From Labor Commissioner Cherie Berry This September I was pleased to give closing remarks at the 18th Annual Carolina Star Safety Conference in Greensboro. The conference provides companies with information on how to become a Star site, maintain Star status, and improve overall safety and health programs and management systems. The theme of this yearвЂ™s conference was вЂњLiving the Safety Life.вЂќ I attended the day before the closing session as well, getting to enjoy the six regional teams compete with information booths that conveyed the conference theme. I congratulate all who worked at making the booth displays successful. We can learn so much when we share ideas and best safe work practices with one another. As of last week, I had attended 245 Star ceremonies since taking office. This includes Carolina Star, Building Star, Public Sector Star and Rising Star sites. The week following the conference, I had the pleasure of going to my 246th Star event, presenting the Building Star flag to Metcon Construction in Pembroke. It doesnвЂ™t matter if your company has been in the Star program for more than 20 years (as Milliken and CompanyвЂ™s Golden Valley and Hatch plants have) or if youвЂ™re the newest Star like MetconвЂ”I congratulate you for being leaders in safety and health. And for those of you who are not part of the Star Program, I invite you to attend next yearвЂ™s conference. And as many Star participants have discovered, the journey to becoming a Star site can be the beginning of your вЂњLiving the Safety Life.вЂќ Skanska and NCDOLвЂ€Sign Safety Partnership page 4 Labor Department Recertifies Building Star page 5 Additional E-Verify Webinar Sessions Added page 5 Thieman Technologies Earns SHARP Award page 6 Workplace Worries page 6 Deadly Mistakes page 7 Bulletin Board page 8 Recognition Roundup Recognition Roundup identifies businesses that qualify for one of the N.C. Department of LaborвЂ™s recognition programs. Congratulations to all of the recent award recipients. To view a complete list of all North Carolina Star recipient companies, click here. To view a complete list of all North Carolina general industry SHARP companies, visit www.nclabor.com/osha/consult/sharp_sites.pdf. Safety and Health Achievement Recognition Program (SHARP) Awards Saab Barracuda LLC, Lillington Cape Fear Public Utility Authority, Wilmington Metal Recycling Services of Whiteville LLC, Whiteville Carolina Star Sites Alcoa Power Generating Inc., Yadkin Division, Badin Celanese, Shelby Plant, Grover (recertification) NACCO Materials Handling Group, Greenville (recertification) N.C. Department of Labor Cherie Berry Commissioner of Labor Editor ........................................................................Neal OвЂ™Briant Layout and Design ..............................................Jeff Wilson Publications Bureau Chief ....................Mike Daniels 1101 Mail Service Center Raleigh, NC 27699-1101 1-800-625-2267 вЂў www.nclabor.com Work Safely This Fall! 2 18th Annual Carolina Star Safety Conference continued from page 1 service to the Carolina Star Program and conference activity. Leonard accepted his certificate and provided the audience with an eloquent speech regarding the Star Program and how safety is more than a priority, itвЂ™s a value. Guest speaker Ken Flechler spoke candidly about his experience as safety professional and transition into the role of Environmental Health and Safety Vice President of Pike Enterprises Inc. Flechler provided the audience with examples of some safety-related challenges he first experienced upon his employment at Pike. He also shared safety-related best practices implemented by Pike that continue to influence the companyвЂ™s safety culture positively. Some of these best practices included initiatives to reduce the companyвЂ™s accident rate and further pursue participation in the Carolina Star Program. As a result Pike reduced its accident rate by 70 percent over five years. In addition, Pike Enterprises NCDOL Carolina Star Program staff gather at the 18th Annual Carolina Star Safety was approved as Carolina Star Site on Aug. 16, 2011. Conference in Greensboro. (From left to right: Brandon Barnhardt, Carlene Harris, Leonard Mangum, LaMont Smith, Kimberly Bostic and Ron Ellis.) Flechler concluded by stating that PikeвЂ™s overall goal is to reach a level of zero accidents. He also challenged all Star sites to raise the bar and continue to strengthen their focus on employee safety. During the closing session of the conference, Allen McNeely, deputy commissioner/director of OSH, spoke to the participants about the new requirements for reporting severe work-related injuries to the N.C. Department of Labor, which go into effect on Jan. 1, 2015. McNeely additionally indicated how NCDOL OSH-related training and education efforts have positively affected the partnership programs NCDOL has with industry. The OSH Division has trained 400 subcontractors and their employees while maintaining a partnership with one general contractor since 2009. This effort amounts to training 20,700 employees on a construction site. As a result, the OSH Division was able to meet the expectations of its mission statement, which is to train, educate and further enhance our relationships with the employers of North Carolina. Labor Commissioner Cherie Berry closed the conference with an inspirational speech about what safety means to her and the importance of returning home safely from work and being able to spend time with family. The 2015 Annual Carolina Star Safety Conference is scheduled for Sept. 16-18 at the Joseph S. Koury Convention Center in Greensboro. Changes to Reporting Requirements Effective Jan. 1, 2015 Federal OSHA has revised the reporting requirements in 29 CFR 1904, effective Jan. 1, 2015. The N.C. Department of Labor will adopt this change as required by law. The revised rule expands the list of severe work-related injuries that all covered employers must report to the NCDOL Occupational Safety and Health Division. The revised rule retains the current requirement to report all work-related fatalities within eight hours and adds the requirement to report all work-related in-patient hospitalizations, amputations and losses of an eye within 24 hours. There are also changes to the recordkeeping requirements that will also take effect Jan. 1, 2015. Look for details in the next issue of the Labor Ledger. 3 Skanska and NCDOL Sign Safety Partnership By Neal OвЂ™Briant Public Information Officer Officials with Skanska USA and the N.C. Department of Labor signed a safety partnership Sept. 22. The partnership covers the construction on the Rex Heart and Vascular Hospital project in Raleigh, which began earlier in the month and is expected to be completed in December 2017. Skanska has been working on a number of other Rex Healthcare construction projects during the past four years, but this partnership will cover the Rex Heart and Vascular Hospital construction project only. The project Officials from Skanska USA and the N.C. Department of Labor gather after the signing of a safety partnership is a $200 million expansion and agreement for the construction of the Rex Heart and Vascular Hospital project in Raleigh. includes a 200,000-square-foot tower and parking deck. The project is Rex HealthcareвЂ™s largest capital project in its history. NCDOL and Skanska USA have had previous partnership agreements. The first one (in conjunction with Barnhill Contracting) covered the construction of the Raleigh Convention Center, which was completed in 2008. The second agreement with Skanska covered the construction of the Wake County Detention Center, which was completed in 2011. вЂњThis is the third partnership that Skanska has done with the Department of Labor,вЂќ said Ben Dunn, senior safety manager with Skanska USA. вЂњWe are very enthusiastic about having another partnership. ItвЂ™s always a pleasure to work with the whole Department of Labor. Rex Healthcare is also pleased and looking forward to working through this partnership as well.вЂќ Headquartered in New York since 1971, Skanska USA is one of the largest construction and development companies in the country, with expertise in construction, civil infrastructure, public-private partnerships and commercial development initiatives in select U.S. markets. Skanska has 39 offices across the country, including regional offices in Charlotte and Durham. Skanska has more than 8,300 employees in the United States each day. As part of the safety initiative goals in the partnership agreement, Skanska requested to have the OSH Division offer 10-hour safety training classes onsite every six months. There will be a tower crane and some mobile cranes onsite at some point during the project. One of the benefits of the agreement may be the opportunity for new NCDOL compliance officers to learn what to look for when inspecting tower and mobile cranes. вЂњFrom our past partnerships with Skanska, I know that our folks will benefit as well from being right on the site with you,вЂќ Labor Commissioner Cherie Berry said. вЂњI look forward to continuing the relationship we built during our previous partnerships and going forward.вЂќ Skanska USA is also a Building Star company, originally certified in June 2001. The company was recertified in October 2004, August 2007, November 2010 and August 2013. This partnership agreement covers the Rex Heart and Vascular Hospital construction site for the duration of the time that Skanska has control of the site. All applicable elements of this partnership will be adopted by the companyвЂ™s on-site contractors. The partnership will also provide incentives to participating contractors to voluntarily improve their safety and health performance. Incentives will include but not be limited to recognition from the OSH Division that will allow limited scope inspections. Visit the NCDOL booth inside the Kerr Scott Building at the N.C. State Fair! Oct. 16вЂ“26, 2014 4 Labor Department Recertifies Building Star The N.C. Department of Labor recertified CFE Inc. as a Building Star during a ceremony at the companyвЂ™s corporate headquarters in Apex on Aug. 15. Labor Commissioner Cherie Berry presented company officials with the Building Star flag and Building Star certificate. вЂњEach employee should be very proud of this achievement,вЂќ Commissioner Berry said. вЂњI congratulate all employees for their commitment to safety and health.вЂќ The Building Star is part of the N.C. Department of LaborвЂ™s Carolina Star Program. The Carolina Star is Labor Commissioner Cherie Berry joins CFE employees in celebrating the companyвЂ™s Building the most prestigious safety recognition given by the Star recertification. N.C. Department of Labor. Companies that qualify for the award have exemplary safety and health programs in the workplace. вЂњSince our acceptance and admission into the Building Star program in 2007, we have been blessed with the talents, skills, safe work practices and attitudes of many wonderful associates,вЂќ said Mike Ruhmel, chief operations officer with CFE. вЂњThese associates go onto our jobsites, which by the roofing industries nature presents many harsh, dangerous and challenging environments. Even with these conditions our associates have dedicated their attention to identifying, managing and reducing these conditions that could put them and their team in jeopardy. We have been fortunate to have the proper support and cooperation from our parent company, The Evans Roofing Company, and subsidiary roofing companies Charles F. Evans Company Inc. along with the other CFE Inc. operating offices. вЂњIt is with great honor and responsibility that our team accepts the North Carolina Department of Labor recertification status. Thank you to all the fine associates in our organization for your past and future commitment to working safely.вЂќ CFE Inc. was initially certified as a Building Star Site in September 2007. At the time, the company was the first subcontractor/specialty contractor approved in the Building Star Program. There is now one other specialty contractor in the program out of 22 Building Stars in the state. CFE Inc. is a wholly owned subsidiary of Evans Roofing Co., based in Elmira, New York. The Apex facility has been in operation since 1998 and has about 40 employees working at various worksites or in the office and shop. Additional Sessions Added of Free E-Verify Webinars The U.S. Department of Homeland Security has added new dates for its free E-Verify webinars for businesses. During each session, attendees will learn about E-Verify, the free and easy-to-use service that lets employers verify the employment eligibility of new employees. Sessions usually last one hour. As of July 1, 2013, employers with 25 or more employees in North Carolina were required to use E-Verify to check work authorization for all new hires. The U.S. Department of Homeland Security, in conjunction with the N.C. Department of Labor, set up webinar dates specifically for North Carolina employers to inform them about E-Verify. Cornelius Wyatt, who leads the webinars for the U.S. Citizenship and Immigration Services within the Department of Homeland Security, said that more than 380 people attended the first five sessions offered this year. The new webinar dates are: Wednesday, Oct. 29, at 2 p.m. Wednesday, Jan. 28, at 2 p.m. Wednesday , Nov. 19, at 2 p.m. Wednesday, Feb. 25, at 2 p.m. Wednesday, Dec. 10, at 2 p.m. Wednesday, March 18, at 2 p.m. To learn more about the webinars, visit www.nclabor.com/news/webinars.htm. 1-800-625-2267 v www.nclabor.com 5 Photo: Lee Ann Whitehead, Simply Genuine Photography, LLC By Kimberly Bostic, Star Program Consultant Thieman Manufacturing Technologies Earns SHARP Award By Dolores Quesenberry Communications Director The N.C. Department of Labor recently certified Thieman Manufacturing Technologies in Ellenboro as a participant in the Safety and Health Achievement Recognition Program (SHARP). The program recognizes companies for a commitment to the safety and health of their employees. Howard Walters, a safety and health consultant supervisor with the N.C. Department of Labor, presented the SHARP certificate and flag to company officials on behalf of Labor Commissioner Cherie Berry on Tuesday, July 22. вЂњThieman Manufacturing Technologies is now part of an elite group of North Carolina businesses that have achieved SHARP status,вЂќ Labor Commissioner Berry said. вЂњRutherford County is fortunate to have an employer like Theiman Manufacturing Technologies that strives for Employees of Thieman Manufacturing Technologies display the SHARP flag in front of excellence in safety and health while maintaining injury the companyвЂ™s headquarters in Ellenboro. and illness rates below the national average.вЂќ The SHARP Award is designed for small to mid-size businesses that show they have developed and maintained good safety programs for workers. To qualify for the program, injury and illness rates for the site must be below the national average for the industry, and NCDOL safety and health consultants must complete an assessment of the workplace. There are 146 general industry sites in the program throughout North Carolina, including three in Rutherford County. вЂњOur goal here at Thieman Manufacturing Technologies is to provide a safe and healthy working environment for all of our employees, while working with NCDOL Consultative Services, to improve and manage our safety and health program,вЂќ said James Cilone, plant manager for Thieman Manufacturing Technologies. вЂњWe are proud to receive this special SHARP recognition award, along with involvement of all our employees to maintain a well managed safety and health program, with injury and illness rates well below the national average for our industry. Since 2011, while working with the N.C. Department of Labor Consultative Services Bureau, we have maintained вЂ�ZEROвЂ™ injuries and illnesses in our workplace.вЂќ By Val Eucare, Wage and Hour Administrator Q: What are the requirements to pay a disabled worker less than minimum wage? A: The requirements can be found in the N.C. Administrative Code, Section 13 NCAC 12 .0202 entitled вЂњDisabled Worker Certification,вЂќ which states: (a) For purposes of this Rule, a вЂњdisabled workerвЂќ means an individual whose earning capacity is impaired by age or physical or mental deficiency or injury for the work he is to perform. (b) An application for the issuance of a disabled worker certificate establishing a subminimum wage rate for an individual for a particular job may be made by an employer with the Administrator of the Wage and Hour Bureau and must include: (1) the name, address and nature of the business of the employer; (2) a description of the occupation at which the worker is to be employed; (3) the nature of the workerвЂ™s disability and its relation to his work; (4) the wage the employer proposes to pay the worker (as a percentage of the State minimum wage); (5) signatures of the employer and the worker; and (6) certification of the applicantвЂ™s disability by the Division of Vocational Rehabilitation of the Department of Health and Human Services. Until an employer is provided a certificate by either the USDOL or the NCDOL Wage and Hour Bureau, an employer must pay the current minimum wage of $7.25 an hour. Once a determination is made and the facts show that a subminimum wage can be paid, only then is an employer issued a certificate and allowed to pay a subminimum wage rate. For further details and information, call the NCDOL Wage and Hour Bureau at 1-800-625-2267. Businesses covered under the federal Fair Labor Standards Act also can request an authorizing certificate from the USDOL Wage and Hour Division allowing a subminimum wage rate to be paid to employees who have disabilities for the work being performed. Refer to www.dol.gov and Fact Sheet #39 entitled вЂњThe Employment of Workers With Disabilities at Special Minimum WagesвЂќ for more information. Workplace Worries 6 N At a grocery store, employees were using two liquid propanefueled concrete saws and a diesel-fueled mini-excavator to install a drain line in the floor. This activity generated carbon monoxide that resulted in the hospitalization or treatment of 17 employees representing four employers. This is not the only incident in which a concrete saw has been the source of carbon monoxide overexposure. By Steve Sykes State Plan Coordinator Accident Event: On Aug. 2, 2013, a 43-year-old forklift operator died from overexposure to carbon monoxide (CO). An additional worker was transported to a local hospital and survived the carbon monoxide exposure. Investigative Findings: The forklift operator and another employee were loading pallets of blackberries into a tractor trailer when the overexposure to carbon monoxide occurred. Both employees were unconscious when first responders arrived. The forklift operator was still on the running forklift, had no pulse, and was not breathing. The other employee had a weak pulse and shallow breathing. The investigation confirmed that the source of the carbon monoxide in the tractor trailer was the propane fueled forklift. There was no carbon monoxide detector in either a cooler building where the blackberries were being stored or the tractor trailer. The ownerвЂ™s manual for the forklift specifically warned against running the equipment in closed spaces, but the forklift was operating in a 53-foot-long tractor trailer with little ventilation. The victim was operating the forklift longer than usual because the trailer was improperly loaded initially and pallets had to be rearranged. Discussion: The Centers for Disease Control and Prevention (CDC) estimates that more than 400 people in America die each year from unintentional carbon monoxide poisoning, an additional 20,000 receive attention in the emergency room and more than 4,000 are admitted to hospitals. NCDOL investigated this carbon monoxiderelated fatality in 2013 and three incidents requiring hospitalization in 2014. While the effects of carbon monoxide overexposure are widely known, the sources and symptoms of carbon monoxide exposure may not be as well known. Carbon monoxide is produced as a byproduct of the incomplete burning of hydrocarbon fuels such as gasoline, LP gas, coal and wood. It readily mixes in the air and cannot be detected by smell or taste. Carbon monoxide exposure does have its warning signs, however, through symptoms such as headache, fatigue, dizziness and nausea. Some of the sources for carbon monoxide overexposure determined during investigations by NCDOL include: N A propane-powered buffing machine used to shine a tile floor at a business location sent two cleaning service employees to the hospital. N Construction workers using a propane-fueled pressure washer to flush floor drains in a grocery store caused the hospitalization of 12 employees including the construction workers, grocery employees and first responders. N Three insulation workers utilizing a gas-powered blower were hospitalized. They were working at a residential location blowing insulation into an attic. N A member of a demolition crew was using a gasoline-powered generator inside a commercial building, which resulted in his hospitalization. Recommendations: The N.C. Department of Labor has stepped up its emphasis on reducing the number of carbon monoxide-related accidents. A carbon monoxide hazard alert was recently updated and an informational billboard created. The hazard alert includes the following recommendations for employers. N Conduct a workplace survey to indentify all potential sources of CO exposure. N Educate workers about the sources and conditions that may result in CO poisoning as well as the symptoms and control of CO exposure. N Always substitute less hazardous equipment if possible. N Monitor employee CO exposure to determine if there is a hazard. N Increase ventilation to include more fresh air. LABOR ONE Makes House Calls! Enjoy the ease and convenience of FREE, on-site, bilingual, mobile safety training at your workplace! Call to schedule your worksite training! 1-800-625-2267 7 N.C. N.C.Department DepartmentofofLabor Labor 10-Hour Construction Industry Awareness Course Mine and Quarry Training Part 46 New Miner Training Oct. 7, Winston-Salem Oct. 27-29, Wake Forest Nov. 18, Greensboro Part 46 Annual Refresher Training Oct. 9, Winston-Salem Oct. 30, Wake Forest Nov. 20, Greensboro Part 48 New Miner Training Oct. 13-15, Wake Forest Oct. 14-16, Greensboro Part 48 Annual Refresher Training Oct. 16, Wake Forest First Aid Training Oct. 8, Winston-Salem (includes CPR) Nov. 19, Greensboro Oct. 23-24, Raleigh Click here for more information. Nov. 5-6, Nags Head Click here for more information. This course will provide a basic overview of the construction industry safety and health standards, 29 CFR 1926. 10-Hour Construction Industry Awareness CourseвЂ”Spanish Oct. 28-29, Raleigh Click here for more information. This course will be delivered in Spanish and will provide a basic overview of the construction industry safety and health standards, 29 CFR 1926. During this awareness course, the вЂњTop FourвЂќ hazards (falls, electrical, struck by and caught in/between) will be included as part of the two-day training session. For details and to register for any of these seminars or classes, contact the Mine and Quarry Bureau at 919-807-2790. Complying with OSHA General Industry Standards 10-Hour General Industry Awareness Course Dec. 2-3, Raleigh This two-day course is designed for new safety and health professionals who are responsible for safety and health at their organizations. The course covers general industry standards, state-specific standards for general industry, and the recordkeeping standards. Click here for more information. Nov. 13-14, Raleigh Click here for more information. This course will provide a basic overview of the general industry safety and health standards, 29 CFR 1910. OSH Webinar Courses 1-800-625-2267 www.nclabor.com Visit the OSH Training Schedule Calendar here to view upcoming Internet training and other safety courses. Upcoming webinar topics include steel erection, personal protective equipment, concrete and masonry, powered industrial trucks, stairways and ladders, cranes and derricks, scaffolding, hand and power tools, bloodborne pathogens, and machine guarding. Check the calendar for new courses being added soon. 8