Labor Ledger March-April 2014

NC Labor
January-March-April
February 2010
2014
N.C. Department of Labor
Cherie Berry, Commissioner
NCDOL Celebrates Gold Star Growers
By Regina Cullen
Bureau Chief, Agricultural Safety and Health
T
he OSH Division’s Agricultural Safety and Health
Bureau held the 20th Annual Gold Star Grower luncheon in
the Gov. James G. Martin Building at the State Fairgrounds
in early February. ASH Bureau staff established this event
to recognize those growers who exceed the standards for
migrant housing.
In addition to their housing being 100 percent in compliance
at the time of the preoccupancy inspection, last year’s 239
Gold Star recipients voluntarily improved their farmworker
housing beyond the minimum requirements. Some examples
of ways the growers improved their housing include adding
items such as air conditioning, additional refrigerators, extra
bathroom showers and recreation areas. The bureau has
held the luncheon in recent years in conjunction with the
Southern Farm Show at the fairgrounds so that attendees
can make the most of the visit to Raleigh.
Cline Church Nursery received the annual Hudler Safety Training Award at the Gold Star
Dr. Richard Linton gave the keynote address. He is dean Grower Luncheon on Feb. 5. From left to right, Violet Scott, Amber Scott, Alex Church,
of the College of Agriculture and Life Sciences (CALS) at Dale Hudler and Labor Commissioner Cherie Berry.
N.C. State University. Dr. Linton discussed the challenges
facing modern agriculture, including increasing the efficiency of water use; reducing the environmental footprint of agriculture; growing food in
a changing climate; and producing safe and nutritious food.
N.C. State created the Center for Plant Breeding and Applied Plant Genomics to focus plant breeding efforts at N.C. State. With more than 35
core faculty actively developing new cultivars, N.C. State has more plant breeders than any other U.S. university. The Research and Extension
programs in the College of Agriculture and Life Sciences continue to help farmers boost production of mainstay crops such as corn.
“As we look to the future, the availability and quality of water may be the single most important factor in determining whether we can feed a
growing global population,” Dr. Linton said.
NCSU scientists in biological and agricultural engineering, agricultural and resource economics, horticultural science and soil science departments
work closely with Extension agents across the state to develop and deliver national-award-winning water-quality solutions for agriculture, industry,
government and individual consumers.
Viewing a short clip from the ASH Bureau’s latest video—The Gold Star Program: Creating and Promoting a Culture of Safety—was another
highlight of the luncheon. R.J. Reynolds helped fund the filming and the distribution of DVDs to registered growers. Ron Wright from Reynolds
spoke to the Gold Star growers after the clip.
Wright recognized the Gold Star growers for “going that extra mile to invest in farming operations and doing those things that are over and
beyond what the law requires. We want to say ‘thank you for doing that’—for joining and being a partner with Reynolds and the companies that
we represent, partnering with the North Carolina Department of Labor, and doing those things that set us apart as a state to make farm safety a
priority.”
Labor Commissioner Cherie Berry recognized all of the Gold Star recipients for their dedication to promoting safety and health on their farms.
She also thanked R.J. Reynolds and N.C. State for producing the safety videos.
“I would like to congratulate all the Gold Star growers,” Commissioner Berry said. “And I would like to thank RJR Tobacco and N.C. State
for their wonderful partnership with the department in helping to produce these videos.”
The bureau recognized three growers for awards. Ronald Stainback of Stainback Farms in Vance County received the award for Best
Maintained Housing. The bureau recognized Steve Thomas of Lee County with the award for Best New Housing. Lee Wicker of the N.C.
continued on page 3
Inside this edition:
From Labor
Commissioner
Cherie Berry
I recently had the pleasure of welcoming participants to
a safety and health conference in Asheville. It was a very
special group—the Region IV Voluntary Protection Program
Participants’ Association.
You may not recognize the Voluntary Protection
Program because we call it the Carolina Star Program in
North Carolina. States that operate their own safety and
health programs under approval from federal OSHA have
their own names for this program, for instance, Palmetto
Star in South Carolina and Volunteer Star in Tennessee.
But just like our Carolina Star, all of the Voluntary
Protection Programs recognize the best of the best when it
comes to workplace safety and health programs.
With 153 sites currently in the Carolina Star Program,
North Carolina is the leading state-plan state and second
only to Texas in number of VPP sites.
Safety awards season is another chance we have to
recognize companies for their safety and health program
achievements. Between the end of March and the end of
June, I’ll be traveling to the 30 banquets scheduled across
the state. (See page 6 for a complete list of banquets.) I
hope to see many of you there.
Our webmaster posted the department’s 2013 Annual
Report to our website earlier this month. Please take a look
at it here. While I’m proud to share the Labor Department’s
accomplishments with you, I realize that much of the credit
for the improvements we’ve seen—from our fatality statistics
to our injury and illness rates—are due to the efforts of
employers and employees across our state. Thanks for
making safety a priority.
Steer Clear of Poster Scams
page 3
Free E-Verify Webinars
page 3
Public Sector Star Site Renewal Celebration
page 4
Deadly Mistakes
page 5
Workplace Worries
page 5
2014 Safety Award Banquet Schedule
page 6
Bulletin Board
page 7
Recognition Roundup
Recognition Roundup identifies businesses that qualify for one of the N.C.
Department of Labor’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) Award
Bay Valley Foods, LLC, Faison
Carol Woods Retirement Community, Chapel Hill
Trinity Place, Albemarle
Liberty Lumber Co., Liberty
Steelcase Inc., High Point
Building Star Site
Metcon Inc., Pembroke
N.C. Department of Labor
Cherie Berry
Commissioner of Labor
Editor ........................................................................Neal O’Briant
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
Spring into
Safety!
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NCDOL Celebrates Gold Star Growers
continued from page 1
Growers Association accepted the award on his behalf.
The bureau created the Hudler Safety Training Award in 2009 to honor the memory of Ron Hudler, former chairman of the department’s
Agricultural Safety and Health Advisory Committee. Ron’s son Dale helped present the award to Cline Church Nursery in Ashe County.
“I think the attitude of this meeting today is to share and be excited about trying new things that are safer—ways we can farm and do things
better but also really take into consideration the safety of our workers,” Dale Hudler said.
Cline Church’s children, Alex Church and Amber Scott, received the award on behalf of their father. The Church family hosted a Christmas
tree safety training day in June last year on their farm for their farmworkers and those from neighboring farms.
The growers who received Gold Stars for two consecutive years and attended the luncheon are eligible to conduct their own housing inspections
this year. They still must comply with the notification requirements of the Migrant Housing Act and have the local health department inspect and
approve the water and septic systems.
“Congratulations on being able to conduct your own inspections,” Commissioner Berry said. “That helps us so much. We have limited
resources in the department and our budget keeps getting smaller. We appreciate those kinds of partnerships with each and every one of you that
allow us to take our precious resources and go after those that really need our attention.”
Steer Clear of Poster Scams
By Neal O’Briant
Public Information Officer
The N.C. Department of Labor urges businesses to ignore threatening mail from private poster companies.
Private poster companies make money selling expensive posters by threatening businesses into buying the latest poster or risk incurring fines
of up to $17,000 from the N.C. Department of Labor. The poster companies have been known to charge as much as $100 per poster.
The Labor Department will not fine businesses that have the old posters displayed. NCDOL inspectors carry the newest posters in their vehicles and
will offer them free to employers who have out-of-date posters.
The labor law posters are required under North Carolina law. The posters carry information on the state’s Wage and Hour Act and what are
commonly referred to as “OSHA” regulations, or the Occupational Safety and Health Act.
The NCDOL website has a poster page designed to help business owners determine what posters they need. Visit it at
www.nclabor.com/posters/posters.htm. In addition to an order form for the NCDOL poster, the page includes information and links for posters
required by other state agencies and also federal agencies.
Free E-Verify Webinars
The U.S. Department of Homeland Security, in partnership with the N.C. Department of Labor, will present free E-Verify webinars
for businesses.
During the 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.
The session will highlight:
• How E-Verify works
• Highlights and enhancements
• Employer responsibilities
• How to enroll
• A demonstration of the program
• Form I-9 information
Preregistration is required.
To register, please email Cornelius Wyatt at Cornelius.Wyatt@uscis.dhs.gov with your preferred webinar date(s). Once your registration is
processed, you will receive a confirmation email with additional details.
Webinar Dates:
Wednesday, April 2, at 2 p.m.
Wednesday, May 7, at 2 p.m.
Wednesday, June 25, at 2 p.m.
Wednesday, July 16, at 2 p.m.
Wednesday, Aug. 27, at 2 p.m.
Wednesday, Sept. 24, at 2 p.m.
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Public Sector Star Site Celebrates Renewal
By Kimberly Bostic
Star Program Consultant
The Construction and Maintenance Division of the City of Greensboro’s Water Resources Department recently celebrated its six-year Public
Sector Star renewal. The division invited Labor Commissioner Cherie Berry to join in the event, which took place Jan. 23.
“I congratulate all the employees for their dedication to safety and health,” Commissioner Berry said. “It takes an effort on everyone’s part to
maintain Star status.”
The Construction and Maintenance Division was initially certified as a Public Sector Star Site in September 2007 and received its three-year
recertification in September 2010.
“Being a part of the Public Sector Star Program to me and my team of supervisors means going above and beyond to find flaws in our safety
habits and techniques, making corrections to the flaws and ensuring each of our employees makes it home safe each day,” said Patrick Smith,
Construction and Maintenance Division superintendent. “As a Public Sector Star member, we have a great sense of pride in knowing that we, as
managers, and our employees work as a team to promote safety each day.”
The division provides for all aspects of installation, operation and maintenance of the water distribution system and the wastewater collection
system as well as providing special services to other divisions. This includes responding to thousands of customer service requests yearly. Some
of the services the division provides include general water and sewer service, water and sewer locates, installation of new water and sewer services,
and fire hydrant maintenance and valve operations.
The division’s Star Committee was created on April 8, 2002, and there are currently 14 employees serving on the committee. The committee
spent its first few years revising and creating new Job Safety Analyses, and then turned its focus to the Star application process.
“I am proud to say that the City of Greensboro Water Resources Construction and Maintenance Division is a Public Sector Star site,” said
Joseph Holden, operations manager. “It’s more than just having a flag waiving on a flag pole or a plaque on a wall. It’s about a commitment, a
commitment to the safety of our employees. We have made a commitment that we will do everything in our power to ensure they have the equipment
and training they need to be safe. I have agreed to operate an effective program that meets the established set of safety criteria that the Star program
requires but I can’t do it alone. I have also asked them to make a commitment to each other. That commitment is that they can say ‘I have your
back’ to each other and mean it. We want everyone to go home the same way they came to work. Our employees aren’t just a number, they are
our future, and this program has helped all of us pull the puzzle pieces together to be better than we ever were.”
Labor Commissioner Cherie Berry joins members of the Construction and Maintenance Division Safety Committee, Water Resources Department
managers, and representatives from the Greensboro City Council and the Greensboro City Manager’s Office in celebrating the six-year Public
Sector Star renewal of the division.
Lunch and Labor
With Commissioner Cherie Berry
Listen to Labor Commissioner Cherie Berry the first Tuesday of each month
at noon on WSHA 88.9 FM in the Raleigh area and online here.
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and also warned of the danger of objects being thrown from the
mower. The operator’s manual affirmed these warnings and suggested
that all objects that could be picked up and thrown by the mower
should be removed from the lawn before mowing.
Discussion: In the last few years, the N.C. Department of Labor has
investigated a number of workplace fatalities associated with lawn
maintenance. Previously these events involved the use of either riding
lawn mowers or tractors. When used on a steep incline, riding mowers
can easily turn over. Workplace fatalities have also occurred on the
highway when mowing equipment has been struck by large trucks.
With mowing season fast approaching, it’s important to remember
that mower accidents are not limited to the workplace. A quick Internet
search confirms the dangers of operating a mower at home also. Too
many times, mower accidents at home involve small children. Even
with the safety improvements in mower design and operation, care
must always be taken.
Recommendations:
By Steve Sykes
State Plan Coordinator
Accident Event: On
April 17, 2013, a 30-yearold man working for a lawn and landscaping company was killed
when he was struck by a piece of metal discharged from a stand-on
lawn mower.
Investigative Findings: Two employees were assigned the task of
cutting the grass at a residential site. One employee was operating a
commercial stand-on lawn mower while the victim was using a string
trimmer. Both of the employees had worked for the company less than
two years.
An employee interview confirmed the fact that the employees had
had some safety training and had been assigned safety glasses to wear.
Before any lawn job, it was their practice to survey the area for any
sticks, rocks or other objects that could be struck by the lawn mower.
The employees had also been instructed to stay clear of the lawn
mower when it was in use.
There was a spiral stake with a cable lead that had been driven in
the ground for securing the family dog. This was not the first time that
the employees had observed the stake in the ground when the lawn
was to be mowed. One of the workers detached the cable from the spiral
stake, but he did not remove the stake from the ground.
Even though the stake had been identified in the yard by the workers,
it was not removed and the mower operator somehow struck the spiral
stake while cutting the grass. A metal projectile from the mower struck
the victim in the head while he was using the trimmer 25 feet away.
The initial observation by the co-worker was that the victim did not
appear to be badly injured since he was able to talk with his co-worker
and call the supervisor. Eventually, however, a 911 call was made and
the victim was transported to the hospital for treatment of a severe
head injury.
An examination of the stand-on mower revealed a sign on the
mower that warned against operating the mower with anyone around
N The area to be mowed should be cleared of people, especially
children, so that no one will be struck by the mower or by objects
that could be thrown from the mower.
N The area to be mowed should be policed for items such as children’s
toys, garbage, debris, rocks or other items that can be thrown
from the mower.
N Make sure safety items such as the dead-man controls, discharge
chutes and doors, and equipment guards are working according
to the manufacturer’s specifications.
N Personal protective equipment, such as sturdy shoes, proper
clothing and eye protection, should be worn when mowing.
N Never make adjustment to the mower or fill it with gas when the
mower is running or the engine is hot.
By Val Eucare
Wage and Hour Administrator
Q. Can an employer pay someone a salary and not have to worry about overtime pay?
Workplace
Worries
A. No, not in all cases. Just putting an employee on a salary does not necessarily exempt that employee
from overtime pay. The employee still has to meet certain tests to be exempt as a manager, supervisor,
administrative employee, professional employee or an outside salesperson. Each employee has to be determined on a case-by-case basis to see if exemptions are met based on the employee’s duties.
Q. I am a nonexempt employee and I am paid every two weeks. Does my employer figure my overtime pay
after 80 hours in the pay period regardless of the number of hours I work a week?
A. No. Overtime pay is based on how many hours an employee works each workweek and each workweek stands on its own regardless of the length
of the pay period. Any hours worked in excess of 40 in a workweek have to be paid at time and one-half the employee’s regular rate of pay.
Follow NCDOL on
OSH Webinar Courses
Visit the OSH Training Schedule Calendar here to view upcoming
Internet training and other safety courses. Upcoming webinar
topics include personal protective equipment, fall protection,
electrical safety, scaffolding and heat stress. Check the calendar
for new courses being added soon.
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2014 Safety Award Banquet Schedule
The following Safety Award banquets are scheduled for March, April, May and June. For more information about the Safety Awards Program,
contact Eursula Joyner at 919-807-2908 or eursula.joyner@labor.nc.gov.
Date
Time
Location
Presentation
Thursday, March 27
7 p.m.
Lincoln Cultural Center
Lincolnton
Tuesday, April 15
noon
Woman’s Club
Thomasville
Thursday, April 17
6 p.m.
LeGrand Center
Shelby
Tuesday, April 22
noon
Wilson Country Club
Wilson
Thursday, April 24
6 p.m.
Old Country Club Steakhouse
Roxboro
Tuesday, April 29
noon
AVS Banquet Center
Asheboro
Thursday, May 1
noon
John Robert Kernodle Senior Center
Burlington
Monday, May 5
6 p.m.
Oliver’s
Wadesboro
Tuesday, May 6
6 p.m.
Candy Sue’s Downtown
Lumberton
Wednesday, May 7
noon
Lane Tree Country Club
Goldsboro
Thursday, May 8
6:30 p.m.
Hilton Greenville
Greenville
Tuesday, May 13
6 p.m.
Morganton Community House
Morganton
Wednesday, May 14
noon
Ramada Inn (Formerly Holiday Inn)
Statesville
Thursday, May 15
8 a.m.
Greensboro Coliseum Special Events Center, West Wing B
Greensboro
Tuesday, May 20
6:30 p.m.
Gateway Convention Center
Rocky Mount
Tuesday, May 27
6:30 p.m.
Ahoskie Inn
Ahoskie
Thursday, May 29
11:30 a.m.
South Piedmont Community College
Monroe
Friday, May 30
noon
Crowne Plaza Hotels and Resorts
Charlotte
Monday, June 2
6 p.m.
Wilmington Community College, North Campus
Wilmington
Wednesday, June 4
noon
Olivia’s at Select Foods
Kinston
Friday, June 6
noon
Crabtree Marriott
Raleigh
Tuesday, June 10
6 p.m.
Gastonia Country Club
Gastonia
Thursday, June 12
noon
Cabarrus County Governmental Center
Concord
Monday, June 16
noon
Stanly Regional Medical Center
Albemarle
Tuesday, June 17
11:30 a.m.
Pfizer
Sanford
Tuesday, June 17
6 p.m.
Expo Center
Clinton
Thursday, June 19
6 p.m.
Central Baptist Church Fellowship Hall
Henderson
Tuesday, June 24
6 p.m.
Asheville Double Tree
Asheville
Thursday, June 26
6 p.m.
Crowne Plaza
Hickory
Friday, June 27
noon
Cross Creek Country Club
Mount Airy
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N.C.
N.C.Department
DepartmentofofLabor
Labor
84th Annual Statewide N.C.
Safety Conference
Mine and Quarry Training
Part 46 New Miner Training
April 7-9, Wake Forest
April 15, Mount Airy
May 13, Greensboro
Part 46 Annual Refresher Training
April 10, Wake Forest
May 15, Greensboro
First Aid Training
April 16, Mount Airy (includes CPR)
May 14, Greensboro
May 13-15
Joseph S. Koury Convention Center
Greensboro
www.ncsafetyconference.com
Wilmington Regional
Health and Safety School
July 24-25
Coastline Convention Center
For details and to register for any of these seminars or classes,
contact the Mine and Quarry Bureau at 919-807-2790.
www.wilmingtonsafetyschool.com
Charlotte Regional
Safety and Health School
Top Four Hazards in the
Construction Industry—Spanish
April 10-11
Crowne Plaza Charlotte Executive Park
April 8, Asheville
April 22, Winston-Salem
Aug. 26, Wilmington
Visit www.charlottesafetyschool.com for more information.
Click here for more information.
Hickory Safety School
April 10
Sponsored by the Western Carolina Chapter of
the American Society of Safety Engineers.
Long Term Care Workshop
April 30
Old Revenue Building, Raleigh
www.wcchapter.asse.org
Click here for more information.
10-Hour Construction Industry
Awareness Courses
Eastern Carolina Safety
and Health School
April 29-30
Pitt Community College, Winterville
May 1-2
New Bern River Front Convention Center
Click here for more information.
www.ecshs.com
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