NC Labor -February January 2010 July-August 2011 N.C. Department of Labor Cherie Berry, Commissioner Mine Safety and Health Seminars Emphasize Training By Neal OвЂ™Briant Public Information Officer M ine and quarry operators from across the state recently attended one-day seminars to learn about current safety and health topics in the industry. The NCDOL Mine and Quarry Bureau held the two seminars in Raleigh and Morganton on June 1 and 2. The bureau invited experts to present the topics covered in the seminars. Builders Mutual Insurance Co. provided the location for the Raleigh seminar. Mine and Quarry Bureau Chief William Gerringer and his staff developed the one-day seminars as a replacement for the previous two-day statewide mine safety and health conferences due to budget cuts. Labor Commissioner Cherie Berry welcomed the attendees at the seminars. вЂњI hope all of you have plans in place, that you have Labor Commissioner Cherie Berry welcomes the participants to the Mine Safety and trained everybody so well on what to do that it doesnвЂ™t matter Health Seminar held June 1 in Raleigh. what happens because you know exactly the course of action youвЂ™re going to take to save lives and to prevent injuries,вЂќ Commissioner Berry said. вЂњWe understand how important all of this training is to all of you.вЂќ Mike Davis presented the keynote address on current activities and initiatives in the federal Mine Safety and Health Administration. Davis is the southeastern district manager for MSHA. His districtвЂ™s area covers Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee and the U.S. Virgin Islands. вЂњI personally believe that we all are better when we come together and meet at conferences such as this one,вЂќ Davis said. In addition to many other topics, Davis talked about the вЂњRules to Live ByвЂќ fatality prevention initiative MSHA developed. Everyone in the mining industry must focus on why fatal accidents happen and how to stop them. MSHA identified 13 frequently cited standards in metal/nonmetal mining that cause or contribute to fatal accidents in the industry. Coal mining has an additional 20 frequently cited standards, but there are no underground coal mines in North Carolina. The вЂњRules to Live ByвЂќ initiative provides operators program and resource information, such as engineering suggestions, and reaches out to miners and minersвЂ™ representatives during inspections to ensure that mine operators and miners have information to address and eliminate workplace hazards. Ron Adams, director of risk management with Builders Mutual, gave a presentation on the culture of safety. He said that safety can be a profit center for companies. An investment in a well-designed and implemented safety program can be recovered by the prevention of one accident. A companyвЂ™s safety culture is much more than a written policy. An effective program includes employee involvement and management commitment that lead to a shared responsibility for results. These results must be defined and measured for the program to succeed. Adams told participants that вЂњwhat gets measured, gets done.вЂќ Adams shared the acronym KASH as the basis for a successful safety culture: Knowledge, Attitudes, Skills, Habits. All four items are necessary for success. Other topics at the seminars included sling inspections, MSHA enforcement trends, and emergency planning and recovery. The speakers were Jeff Smith, safety director at Edwards Inc., and Scott Hartness and Keith Harris of Business Safety Services Inc. Inside this edition: From Labor Commissioner Cherie Berry The Safety Awards season ended on the last day of June. During the three-month season, I traveled across North Carolina to recognize thousands of companies and agencies for maintaining good safety records. I had the pleasure of meeting many of you at one of the 30 banquets. They are always a highlight of my year. This program provides a platform to promote workplace safety and health in each corner of the state. The program continues to grow each year, which is a testament to the program coordinator, Eursula Joyner, and the entire Consultative Services team. I feel fortunate to be a part of this prestigious recognition program and want to thank Consultative Services for making the 65th annual banquet season an overwhelming success. I also enjoyed attending our Mine and Quarry BureauвЂ™s seminars in Raleigh and Morganton in June. The bureau switched from a two-day conference to one-day seminars in 2009 to make it affordable for more people to attend. Nearly 130 people participated in one of the seminars this year. The training our Mine and Quarry Bureau provides is instrumental in keeping the mining industryвЂ™s injury and illness rate low in North Carolina. This summer has brought more record temperatures to our state. Nothing is more important than keeping our workers safe this summer. Please be mindful of the heat and take adequate precautions to protect yourself and your co-workers. Safety Awards Season Sets Record page 3 Recognition of Exceptional Safety Achievements page 3 2010 Safety Award Highlights page 4 North Carolina Virtual Action Clinic page 5 Deadly Mistakes page 5 Workplace Worries page 6 Bulletin Board page 6 Recognition Roundup Recognition Roundup recognizes businesses that qualify for one of the N.C. Department of Labor recognition programs. Congratulations to all of the recent award recipients. To view a complete list of all North Carolina Star recipient companies, visit www.nclabor.com/osha/star/starsite.htm. To view a complete list of all North Carolina SHARP companies, visit www.nclabor.com/osha/consult/sharp_sites.pdf. Safety and Health Achievement Recognition Program (SHARP) Award Apple Rock Advertisement & Promotions Inc., Greensboro Carol Woods Retirement Community, Chapel Hill Engineered Sintered Components Inc., Troutman Karastan Rug Mill, Div. of Mohawk Industry, Eden McKenzie Sports Products, LLC, Albemarle Public Sector Star Award Mecklenburg County Park & Recreation, Park Operations Division, Charlotte (Recertification) Carolina Star Award American Emergency Vehicles, Jefferson (Recertification) N.C.Department of Labor Cherie Berry Commissioner of Labor Beat the heat! Editor ........................................................................Neal OвЂ™Briant Layout and Design ..............................................Jeff Wilson Publications Bureau Chief ....................Mike Daniels Work Safely! 1101 Mail Service Center Raleigh, NC 27699-1101 1-800-625-2267 вЂў www.nclabor.com 2 Safety Awards Season Sets Record By Eursula Joyner Safety Awards Coordinator The N.C. Department of Labor concluded another successful safety awards season in June after honoring more than 2,700 workplaces for outstanding workplace safety and health achievements, including nearly 90 companies recognized with Million Hour Awards. The figure marks the highest number of awards distributed since the program began in 1946. Award winners were invited to attend a series of 30 banquets across North Carolina. вЂњItвЂ™s really an honor for me to travel throughout the state and recognize these employers who are making a commitment to their employeesвЂ™ safety and health,вЂќ Labor Commissioner Cherie Berry said. вЂњThese employers are helping to make North Carolina workplaces some of the safest in the country.вЂќ One of the highlights of the year was the presentation of a 12 Million Hour Award. AAIPharma Services Corp. received its 12 Million Hour Award at the Wilmington banquet June 6. The company has set a new record for the highest number of hours with no lost time accidents. Under program rules, recipients must be free of fatal accidents at the site. The gold award criteria are based on a DART rateвЂ”which includes days away from work, restriction or transferвЂ”that is at least 50 percent below the industry rate. To receive a silver award, applicants must attain a days away from work incidence rate of at least 50 percent below the industry average. The department hopes to continue expanding the program next year. There are many more companies in North Carolina that qualify for an award. вЂњWe had another great safety awards season this year,вЂќ Commissioner Berry said. вЂњMany banquets saw record attendance, which shows how much these companies value workplace safety and health.вЂќ Participation in the program is voluntary. Interested companies may fill out the application request form at www.nclabor.com/osha/consult/sa_mailing.htm. Applications will be mailed in January. Recognition of Exceptional Safety Achievements, Exceptional Determination By Natalie Caviness Summer Intern The N.C. Department of Labor and the Sanford Area Chamber of Commerce hosted the annual Sanford Area Safety Awards Banquet on June 9 at Chef PaulвЂ™s. The numerous awards prompted the attendance of more than 100 representatives from area companies. The awards presented honor outstanding on-the-job safety achievements of each company during 2010. The Sanford banquet was one of 30 banquets that took place across the state. This banquet was a special recognition not only of exceptional safety achievements, but also of exceptional determination to surpass the hardships of the devastation from the April tornadoes. Before the awards ceremony began, Bob Joyce, president of the Sanford Area Chamber of Commerce, recognized Michael Hollowell, the store manager of LoweвЂ™s Home Improvement in Sanford, and his fellow employees. вЂњWhen honoring safety as a consistent, daily effort,вЂќ Joyce said, вЂњthis was a company with a safety procedure in place that followed it.вЂќ Debbie Bigelow, employee health and safety supervisor In response, Michael Basinger, chairman of the Sanford Area Chamber Board of Directors, with Static Control Components, receives the companyвЂ™s emphasized safety as вЂњHow underrated, but how important вЂ¦ to our employees, to our economy.вЂќ Million Hour Safety Award from Labor Commissioner Labor Commissioner Cherie Berry reminded area businesses of the outcome when safety Cherie Berry at the Sanford Safety Awards Banquet. is underrated. In reference to the recent fatalities of two employees trapped in a manhole in Photo: Natalie Caviness Durham County, Commissioner Berry emphasized, вЂњIt did not have to happen.вЂќ Among the distinguished businesses, three were honored with Million Hour Awards: Arden Companies, Outdoor Replacement Cushion; Arden Companies, Food Services/MTO; and Static Control Components Inc. Static Control Components was among the companies devastated by the tornado and one that Commissioner Berry had visited after the storm hit. Representatives attended the meeting wearing shirts that read вЂњWeвЂ™re already back.вЂќ In celebration of the award, one representative of Static Control Components noted, вЂњWe could not have done it without the cooperation of our employees. We are proud of our associates for keeping safety number one.вЂќ Despite the recent hardships of the company, employees have now reached 2.4 million hours with no lost time accidents. In her final words to the Sanford community, Commissioner Berry encouraged the local businesses to continue their efforts by saying, вЂњI encourage what you are doing to keep everyone safe. You can replace things, but not lives.вЂќ Note: Natalie Caviness is a rising senior at Elon University studying political science. She worked as an intern this summer in the NCDOL Office of Administration and Governmental Affairs. 3 2010 Safety Award Highlights Gold Awards 35th Consecutive Year ATI Allvac, Monroe Plant 20th Consecutive Year AAIPharma, Expo Laboratory AAIPharma, Hall Drive Laboratory C & R Hard Chrome Service Inc. Crellin Inc. Curtiss-Wright Flights Systems GE Hitachi Nuclear Energy, Service Component Operation Global Nuclear FuelsвЂ”Americas, Fuel Component Operation 36th Consecutive Year Louisiana Pacific, Roaring River 38th Consecutive Year Alcoa Inc., Power Generating 39th Consecutive Year Ecno Oil Inc. 40th Consecutive Year DAK Americas, Cape Fear Monomers Employees DAK Americas, Cape Fear Power Employees DAK Americas, Cape Fear Support Employees 21st Consecutive Year Bruce Foods Corp. Del-Mark Inc. Fairfield Chair Co., Plant No. 1 Fairfield Chair Co., Plant No. 2 Safety and Health Council of North Carolina Vulcan Construction Materials LP, Mideast Division, Smith Grove Quarry 44th Consecutive Year Broyhill Furniture Industries Inc., Main Office Vulcan Construction Materials LP, Mideast Division, Elkin Quarry 22nd Consecutive Year APAC-Atlantic Inc., Candor Sand Plant Mohican Mills Inc., Tricot Knitting Plant Momentive Specialty Chemicals 52nd Consecutive Year Thomasville Furniture Industries, Central Office Million Hour Awards 23rd Consecutive Year Fayetteville Public Works Commission High Valley Construction and Maintenance Corp. New Hanover County, Human Resources Department Town of Valdese, Administrative Department 24th Consecutive Year Glen Raven Inc., Executive Offices Kennametal, Henderson Plant Marshall Air Systems Inc. Milliken & Co., Hatch Plant 3 Million Hours American & Efird, Inc., Gastonia Plant #01 Apex Tool Group Campbell Soup Supply Co., Maxton Plant Corning, Incorporated, Wilmington Plant Drake Enterprises Parkdale Mills Inc, Plant 11 Pharr Yarns, LLC, Corporate Administration Syngenta Crop Protection Timken, Shiloh 25th Consecutive Year Liggett Group Inc., Administrative Office Syngenta Crop Protection, Greensboro Facility Town of Garner, Planning Department 4 Million Hours Campbell Soup Supply Co., Maxton Plant Unilever HPC-NA Warren Wilson College 26th Consecutive Year New Hanover County, Finance Department SmithfieldвЂ”Clinton Division, Administration 6 Million Hours Corning Cable Systems, Corporate Headquarters Honeywell International Inc. 29th Consecutive Year R.J. Reynolds Tobacco Co., Research and Development 7 Million Hours The Shaw Power Group, Cliffside 31st Consecutive Year Liggett Group Inc., Electric Shop 8 Million Hours R.J. Reynolds Tobacco Co., Research & Development 32nd Consecutive Year National Gypsum Co., Corporate Offices 12 Million Hours AAIPharma Services Corp. 33rd Consecutive Year Universal Spring Co. Congratulations to all our recipients! 4 North Carolina Virtual Action Clinic By Robin Odom, Assistant Bureau Chief Apprenticeship and Training Bureau The U.S. Department of LaborвЂ™s Employment and Training Administration (ETA) sponsored a virtual action clinic May 18-20. The N.C. Department of LaborвЂ™s Apprenticeship and Training Bureau hosted North Carolina participants in the action clinic at the Wake County Technical Community College Business and Industry Center in Cary. Seven states (Alabama, Kentucky, Maryland, Mississippi, North Carolina, Pennsylvania and Virginia) and the District of Columbia participated in the Collaborate for Success: Partnering With Registered Apprenticeship action clinic. A team of North Carolina professionals from the workforce system joined education partners and other key stakeholders to learn about best practices from other states via Web-cam presentations. The North Carolina team discussed ways to integrate Registered Apprenticeship as a key talent development strategy in North CarolinaвЂ™s workforce system. The first steps of an action Bruce Wahlgren, facilitator with Coffey Consultating, LLC, provides plan were developed, and the team will continue meeting to discuss ways to instruction to those attending the action clinic. collaborate. In addition to NCDOL participants, several other state agencies attended the action clinic in Cary, including participants from the Employment Security Commission, the Department of Commerce, the Community College System, the Division of Workforce Development, and the Department of Public Instruction. Several participants from the private sector also attended. Discussion: Falls were the leading cause of death in FY 2010, which began on Oct. 1, 2009, and this was the first fall fatality of the year. Falls accounted for 16 deaths in FY 2010, more than double the previous year. To reduce this number, fall hazards must be eliminated in the workplace. No one should fall through a floor hole on a construction site, period. The N.C. Department of Labor has designated construction work as an area of special emphasis to reduce the number of injuries, illnesses and deaths in this employment sector. By Steve Sykes State Plan Coordinator Fatal Event: On Oct. 7, 2009, a 26-year-old heating and air conditioning mechanic fell 10ВЅ feet and died two days later. Investigative Findings: Two workers were on their second day of work at a residential construction site installing a heating and air conditioning system. The deceased was working on the first floor of the house and his co-worker was in the basement at the time of the accident. The co-worker first heard a scream and then the sound of the deceasedвЂ™s body hitting the concrete floor next to him. A framing crew thought they had completed their work before the installation of the heating and air conditioning system. However, a 28вЂі x 78вЂі hole was left on the first floor for construction of a fireplace. The floor hole was open both days that the HVAC work continued, and according to employee interviews, everyone was aware of the hole. This so-called level of awareness included the HVAC work team. The co-worker stated that an effort was made to look where they were walking to keep from falling into the hole. The general contractor indicated that covering the floor hole was on his to-do list but he didnвЂ™t get to it. A HVAC company official indicated that he was surprised that the deceased could fall through the hole because of his size. The company did not report the fatality to the N.C. Department of Labor within eight hours as required by state-adopted regulations. Recommendations: N Hazards in the workplace that could cause death or injury should be eliminated. N An employer should instruct each employee in the recognition and avoidance of unsafe conditions. N Employees should be protected from falling through floor holes by a personal fall arrest system, covers or a guardrail system erected around the hole. N Employees should be protected from stepping into holes. N Employees should be protected from objects falling through holes and striking them. NC Labor January-February 2010 N.C. Department of Labor Cherie Berry, Commissioner 5 Subscribe TODAY! By Darryl Saunders has to work one weekend day in place of a weekday, can they do that? My weekends are for spending time with my family and friends. Can they force me to work on my вЂњdays offвЂќ? Can they fire me if I refuse? A: There are no wage and hour laws that limit the amount of hours per day or days in a week that a person 18 years of age or older can work. In addition, an employer is free to adjust the hours or days of work for its employees regardless of what the employees are scheduled to work and without regard to how it will affect an employeeвЂ™s personal life. These changes can be made regardless if the employee agreed to the changes or not. An employer can make the scheduling or rescheduling of its employeesвЂ™ hours or days worked as a condition of employment. Thus an employer could terminate an employee for refusing to work on days that they are scheduled to work. However, please note if there is an employment contract that details the employeesвЂ™ hour/day requirements, the employee would need to seek private counsel regarding the affect of the contract on the changes in schedule. Intake and Compliance Unit Supervisor Q: I currently am paid every two weeks, and I am an hourly employee. If I give my employer two weeksвЂ™ notice (because I have another job) and they decide to terminate my employment immediately, are they required to pay me the two weeks since I already gave them two weeksвЂ™ notice? Do I have any protection? A: Unless promised otherwise in the companyвЂ™s written policy, your employer is only legally required to pay you for actual time worked. They would not be required to pay you for your entire notice if they relieve you of the companyвЂ™s notice obligation. Q: If you have worked for a company for five years and the company has only been open Monday through Friday, but now they say everyone N.C.Department of Labor 10-Hour Construction Industry Awareness Course Mine and Quarry Training Part 46 New Miner Training July 25, Statesville Aug. 15, Wake Forest Aug. 23, Greensboro Sept. 13, North Wilkesboro Sept. 19, Wake Forest Part 46 Annual Refresher Training July 28, Statesville Aug. 17, Wake Forest Aug. 25, Greensboro Sept. 15, North Wilkesboro Sept. 21, Wake Forest First Aid Training July 26, Statesville Aug. 16, Wake Forest Aug. 24, Greensboro Sept. 14, North Wilkesboro Sept. 20, Wake Forest Sept. 13-14 N.C. Department of Labor, OSH Raleigh Field Office Click here for more information. 10-Hour/30-Hour General Industry Awareness Course Sept. 19-20/Sept. 19-23 Cape Fear Community College, Castle Hayne Click here for more information. 10-Hour General Industry Awareness Course Sept. 27-28 N.C. Department of Labor, OSH Raleigh Field Office To register for any of these seminars or classes, contact the Mine and Quarry Bureau at (919) 807-2790. Click here for more information. OSH Regional and Webinar Courses Visit the OSH Training Schedule Calendar here to view upcoming regional and Internet training courses. The regional training courses take place in OSH Division offices in Asheville, Charlotte, Raleigh, Wilmington and Winston-Salem. Upcoming topics include heat stress, fall protection, personal protective equipment, lockout/tagout, work zone safety, ergonomics, and machine guarding. 6