Mar/Apr - NC Department of Labor

NC Labor
March/April 2009
LEDGER
NCDOL Signs Two New Alliance Agreements
By Neal O’Briant
Public Information Officer
goals, and further promote a statewide
dialogue on workplace safety and health.
The agreement will remain in effect for
he N.C. Department of Labor recently
two years and may renew annually
signed two new occupational safety and
thereafter.
health alliance agreements. NCDOL and
Founded in 1902 in Pensacola, Fla.,
Lamar Advertising Co. signed an alliance
Lamar Advertising operates more than
agreement Feb. 11 in Rocky Mount. The
150 outdoor advertising companies in
Labor Department and the N.C. Association
more than 40 states. The company’s
of Professional Loggers signed an
advertising reaches audiences through
alliance agreement March 18.
billboards, digital billboards, buses, bus
The NCDOL Occupational Safety and
shelters and benches. Lamar is also the
Health Division coordinates agreements
nation’s leader in the highway sign
to build a cooperative relationship
logo business.
between the department and outside Officials from the Labor Department and Lamar Outdoor Alliance With N.C. Association of
parties. These agreements address Advertising gather in front of a new safety billboard in Professional Loggers
worksite safety and health issues, training Rocky Mount. Lamar signed an alliance agreement with The N.C. Department of Labor
and education on topical subjects, and NCDOL on Feb. 11 to work together to promote healthy and signed an alliance agreement with the
outreach. Alliances provide opportunities safe working conditions, achieve certain training, education, N.C. Association of Professional
to exchange ideas, convey concerns, outreach and communication goals, and further promote a Loggers on March 18 in Raleigh.
statewide dialogue on workplace safety and health.
raise issues, educate and advocate
Labor Commissioner Cherie Berry
efforts to eliminate serious hazards.
Labor Commissioner Cherie Berry
signed the agreement along with Doug
The goal is to achieve higher levels of
signed the agreement along with Robert
Duncan, executive director of the N.C.
worker safety and health.
Switzer, vice president of operations for
Association of Professional Loggers.
An alliance allows trade and profesLamar Advertising; Chuck Wigger,
Allen McNeely, director of the NCDOL
sional organizations, employers, and
corporate safety director, Lamar
Occupational Safety and Health Division,
Advertising; and Wanda Lagoe, bureau
educational institutions that share an
and Wanda Lagoe, bureau chief of the
chief of the NCDOL Bureau of
interest in workplace safety and health
NCDOL Bureau of Education, Training
Education, Training and Technical
to collaborate with the OSH Division to
and Technical Assistance, also signed
Assistance.
prevent injuries and illnesses in the
the agreement.
“Lamar Advertising will be helping
workplace. NCDOL and the organization
“I thank the members of the N.C.
deliver the Labor Department’s safety
sign a formal agreement that outlines
Association of Professional Loggers for
message,” Commissioner Berry said. “I
the goals of the alliance.
their interest in promoting safety,”
thank them for their keen interest in
The N.C. Department of Labor’s
Commissioner Berry said. “This alliance
promoting
workplace
safety
and
health.”
Occupational Safety and Health Division
will allow the Labor Department and
Under the agreement, the NCDOL
the logging industry to work together to
currently has eight alliance agreements
Occupational Safety and Health
develop new and expand existing training
in place.
Division and Lamar will work together
programs to keep loggers safe.”
Alliance With Lamar Advertising
to
promote
healthy
and
safe
working
The NCDOL Occupational Safety
The N.C. Department of Labor signed
conditions, achieve certain training,
and Health Division and the N.C.
an alliance agreement with Lamar
Association of Professional Loggers
education, outreach and communication
Advertising Co. on Feb. 11 in Rocky Mount.
T
continued on page 6
Inside this edition:
From
Commissioner
Cherie Berry
Our webmaster recently posted a copy of the N.C.
Department of Labor’s 2008 Annual Report on our Web
site. I am proud of the work our employees did last year
and I hope you, the Labor Ledger subscribers, will take
some time to read it.
Reading the annual report will give you an idea of the
scope of the Labor Department’s many different units.
Some of you subscribed to this newsletter because you
attended one of the OSH Division’s safety schools or
maybe you attended a Safety Awards banquet in your area
and heard about our newsletter there. Others subscribed
after learning about the Ledger at a training session put
on by our Mine and Quarry Bureau. No matter how you
came to be a subscriber, I hope you will take a look at the
annual report and learn about the many different units.
From the Apprenticeship and Training Bureau to the
Wage and Hour Bureau, the Labor Department touches
almost every citizen’s life. The Boiler Safety Bureau oversaw
the inspection of more than 50,000 items. The Elevator
and Amusement Device Bureau performed more than
19,000 routine elevator inspections and more than 6,000
amusement ride inspections.
The Occupational Safety and Health Division also had
impressive numbers. Compliance inspections increased
5 percent, from 4,900 to 5,149. The Consultative Service
Bureau performed more than 1,100 consultative visits,
which resulted in the identification and elimination of
more than 7,000 hazards. The Education, Training and
Technical Assistance Bureau conducted more than 200
courses, forums and workshops, providing training for
more than 15,500 employers and employees.
The behind-the-scenes divisions and bureaus of the
Labor Department also accomplished a lot last year.
Working together, NCDOL employees are striving to
keep North Carolina a safe and healthful place to work.
Apprenticeship in Limbo
page 3
ECMD Inc. Recognized for Workplace Safety
page 4
Crowder Construction Partnership Successful
page 4
Deadly Mistakes
page 5
Workplace Worries
page 5
Safety Awards Banquet Schedule
page 6
Bulletin Board
page 7
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.
Rising Star Award
Hospira Inc., Rocky Mount
Carolina Star Award
International Paper Co., Shorewood Packaging,
Weaverville (recertification)
Safety and Health Achievement Recognition
Program (SHARP) Award
Sonoco Recycling Inc., Greensboro
Johnson Concrete Co. Inc., Lexington
Beaufort Rescue & EMS Inc., Beaufort
PolyChem Alloy Inc., Lenoir
Teleflex Medical, Asheboro
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Reeppoort
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2008 An
Click here
for your copy
of our
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
2
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Apprenticeship in Limbo
Thousands of apprentices throughout North Carolina
are potentially at risk of losing career opportunities if Gov.
Perdue’s proposal to eliminate the department’s
Apprenticeship and Training Bureau becomes law. The
time and energy that so many apprentices have invested in
their careers to obtain journeyman status—the highest
achievement level recognized by the U.S. Department of
Labor—is at stake. Most programs involve one to four
years of combined classroom and on-the-job training.
Please read the following two testimonials we received
from people who completed their apprenticeships.
When I began the Apprenticeship2000
program, I could never have imagined
the doors that would open for me in the
years following my graduation. In fact,
I had no idea that training I was to
receive during the program itself would
be so rewarding.
Following one year studying
Manufacturing Technology at CPCC, I
found my feet in the Electronic
Technology program. This program and the people involved,
both from the community college and from Max Daetwyler
Corp., pushed me to excel. When my class graduated from the
program, most of us with an extra year under our belts since
we had changed our majors, we were excited and well prepared for the adventures we would undertake in the future. To
this day I am still thankful to my fellow graduates for inspiring
me to work so hard as it has paid off so beautifully.
My graduation from the Apprenticeship2000 program
coincided perfectly with a rise in demand for the electromechanical engraving machines being sold by Max Daetwyler
Corp. So perfectly in fact that I had opportunities for further
training and later production work with these machines both
at a sister company in Ohio and our mother company in
Switzerland. The end effect of these opportunities was a move
to Switzerland sponsored by the firm.
I am still enjoying employment at Max Daetwyler AG, in
Switzerland. Since this time my position has changed from the
production of machines to the servicing of machines. I was
again given an opportunity to further my development within
the firm with additional training on laser engraving machines.
At this time I am fully qualified to assemble, test, install and
repair two of the most interesting machines in our industry.
The assembling and testing of machines is done here in
Switzerland. The installation and repair of machines encompasses a world-wide territory. Most recently I completed a
laser engraver installation in Russia. However, a small list of
the countries I have had the luck to work in includes: Mexico,
Japan, Malaysia, India, Turkey, France, Poland, Germany
and Italy. Nothing could have helped me prepare for this exciting
career better than the Apprenticeship2000 program.
Sarah Jedzejewski
Max Daetwyler AG
I cannot even begin to tell you how proud I am to have
completed my apprenticeship in North Carolina. It has led me
to many opportunities during my career.
I have worked as a tool and die maker. I have been a
manufacturing manager with the responsibility of supervising
a 15 man tool room. I have been a manufacturing manager in
Virginia and was able to start a tool and die apprenticeship
program there. I am currently an applications engineer for Widia
Inc. Widia is one of the most prominent tool manufactures in
the world. At every turn what impressed the people that hired
me to do these jobs was not my college degree, it was the fact
that I was a journeyman tool and die maker.
My apprenticeship has taken me very far. So you see these
patches and this card means a lot to me and I thank you for
seeing that I received them.
Again, I appreciate your efforts.
Tom Hodges, CMP
Metalworking Sales Engineer
Widia Inc., West Jefferson, N.C.
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ECMD Inc. Recognized for Achievements in Workplace Safety
By Dolores Quesenberry
Communications Director
ECMD Inc. in Elkin and its subsidiary Crown Heritage
Manufacturing in Lenoir received recognition from the N.C.
Department of Labor recently.
State Labor Commissioner Cherie Berry recognized the
company as a participant in the Safety and Health
Achievement Recognition Program (SHARP)—one of the
state’s highest safety and health achievement programs for
small to mid-size companies—at ceremonies at ECMD
facilities in Elkin and Lenoir. Five ECMD locations have
been certified with this designation by the state.
“Being recognized for our commitment to safe, healthy
workplaces is a tribute to the efforts of every ECMD
employee,” said Allen Dyer, president and CEO. “Fewer
than 80 businesses out of about 250,000 in the state are
SHARP certified, and we’re pleased that five of that elite
number are ECMD operations.”
The SHARP award recognizes companies for a commitment
to safety and health of their employees. Companies that
qualify for the award show that 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.
ECMD employees join Labor Commission Cherie Berry in displaying the
SHARP flag at the company’s Elkin facility.
“The workers of ECMD should be very proud of this
accomplishment,” Commissioner Berry said. “To maintain
injury and illness rates below the national average at five
different plants could not be accomplished by one person.
This is the result of a team effort. The company has been
successful in creating a safety culture where each employee
is looking out for one another. I applaud each and every one
of you for your efforts to achieve this accomplishment.”
ECMD Inc. was established in 1982 in Elkin as a distributor
of millwork products. The company expanded its original
distribution facilities in Elkin, established manufacturing
operations in Wilkesboro and Lenoir, and expanded other
operations into Tennessee, South Carolina and the West Coast.
Crowder Construction Partnership Concludes Successfully
By Neal O’Briant
Public Information Officer
Crowder Construction Co. and the N.C. Department of Labor
celebrated the successful completion of their safety partnership
at a luncheon in Wilmington on Feb. 4. The partnership covered
Crowder Construction’s expansion of the James Loughlin Waste
Water Treatment Plant for the city of Wilmington.
Labor Department and Crowder officials signed the partnership
agreement May 23, 2006. During the partnership, NCDOL and
Crowder Construction, along with its subcontractors, were able to
achieve their goals of a 3 percent reduced DART (days away/
restricted time) rate during the nearly three-year long collaboration.
Crowder Construction and its subcontractors worked more than
800,000 hours on this project without a lost work time accident.
Crowder Construction Co. is also one of the Labor Department’s
18 Building Star companies. The company was originally certified
as a Star site on May 20, 2002.
Crowder Construction Co., founded in 1947 by brothers O.T.
and W.T. Crowder, is a heavy construction general contractor
performing projects throughout the Southeast. Crowder specializes
in bridge and highway projects, civil and environmental projects,
construction solutions, and industrial projects. Crowder is still a
family-owned operation under the leadership of Otis and Bill
4
Crowder, the sons of O.T. and W.T. Headquartered in Charlotte,
the company has grown to be one of the most well-respected
general contractors in the Southeast. Today Crowder has
expanded into a multi-division company with more than 600
full-time employees. Crowder has built major interstate highway
interchanges, complex industrial processing plants, and major
water and wastewater treatment facilities throughout the
Southeast.
First and foremost, Crowder Construction is committed to the
safety and health of its employees and the general public.
According to Otis Crowder, “the most important thing Crowder
does is send our employees home safe each night.”
Labor Commissioner Cherie
Berry speaks at the Crowder
Construction partnership
completion luncheon in
Wilmington on Feb. 4.
By Steve Sykes
State Plan Coordinator
Fatal Event: On May
16, 2008, a 28-year-old grounds maintenance quality control
supervisor was killed when the lawnmower he was riding
went over a retaining wall and into a lake. The victim was
found by his co-workers under the water with the mower on
top of him.
Investigative Findings
The victim was in charge of a landscaping team whose
responsibility included mowing, trimming and other yard
maintenance activity. He was also responsible for maintenance
and repair of the lawn equipment. On the day of the accident,
the victim was involved in the mowing process using a 27
horsepower riding lawn mower with a 60-inch cutting radius.
He had used the mower involved in the accident at least 100
times on the hilly terrain of the accident site.
The company used various mowers, but operators usually
selected a mower based on personal preference. The mower
involved in the accident did not have rollover protection in
place, and the victim did not use a seat belt while operating the
equipment. Employees interviewed had a perception that they
were safer without the rollover protection or seatbelt use. The
slope of the lawn being mowed was 18 degrees, but the
mower was not designed to be stable when mowing slopes
greater than 15 degrees. The company had been in business
since 1992 and had never had a mower roll over before the
fatal accident.
Discussion
Accidents relating to the operation of equipment are a leading
cause of death among workers in North Carolina. These accidents
include being struck by equipment operated by someone else
and accidents in which the equipment operator is the victim.
Fatalities involving riding lawn mowing equipment are also
My employer just informed all staff
that we would no longer be paid for
overtime hours worked unless those hours
were prior approved by management.
Is this legal?
No. Both state and federal wage and
hour laws require employers to pay for
all hours worked and to pay overtime
for all hours worked in excess of the
statutory maximum hours (generally 40 hours) each workweek.
Therefore, your employer must pay overtime to workers who actually
work more than 40 hours in a workweek; however, the employer may
discipline employees who fail to follow company policies and rules.
My employer just closed its doors and notified employees that they
would not be paid for the last two weeks of work; we were also
informed that accrued vacation time would not be paid. Is this legal?
Employers are required to pay employees all wages due on the
regularly scheduled payday or the next regularly scheduled payday
after separation; therefore, your employer’s decision to not pay for
more common than one might imagine, with two deaths
reported in 2008 and one in 2007. As evidenced by this event,
the fact that you have never had an accident does not mean that
an accident could not occur especially if unsafe practices are
being employed. Even the most experienced individual can be the
victim of an accident if safe work practices are not followed.
Our Web site (www.nclabor.com) has a number of educational materials related to operating equipment.
Recommendations
Equipment designed for a specific job condition should
be utilized.
Rollover protection and seatbelts should be utilized when
operating riding mowers.
Employees should be trained in the proper use of safety
devices equipped on lawn mowing equipment.
Care should be taken when operating mowers on slopes
or near drop-offs, ditches or embankments.
Specifically for Weekend Gardeners
With mowing season right around the corner, homeowners
should also take special precaution. The U.S. Consumer Product
Safety Commission estimates that hospital emergency rooms
treated 37,000 consumer injuries related to riding mower incidents
annually from 2003 through 2005.
Protective clothing should always be worn, including sturdy
shoes and eye protection.
The dead man control that shuts off the mower when the
grip on the handle is released should be maintained in
good working order.
Never fill the gasoline tank when the mower is hot.
Never make adjustments to the mower when it is running.
Children should never be allowed on or near a mower.
the last two weeks of work would be a violation of the N.C. Wage
and Hour Act. Accrued vacation time earned must be paid to
employees unless the employer’s written vacation policy includes a
“forfeiture” provision stating the reasons that accrued vacation pay
will not be paid.
I have worked as an “intern” at my company for over one year
and have recently graduated. Are there any laws regarding the
amount of time one can spend as an intern? What about the kinds of
work an intern can be required to perform?
Interns are generally students or recent graduates who perform a
period of supervised practical training related to their course of study
or chosen vocation without contemplation of pay or the promise of
employment at the conclusion of the internship. Neither state nor
federal wage and hour laws establish a specific period to be covered
by an intern program; however, most bona fide internship programs
are completed in less than a year. The kinds of work the intern can be
asked to perform is dependent on the specific learning experience
that is the basis for the internship program.
continued on page 6
5
I am a salaried employee whose
work schedule was changed from 40
hours to 32 hours per week. If I am
required to work more hours than
scheduled, am I entitled to overtime
pay?
continued from page 5
No, unless you actually work more
than 40 hours per workweek. Your salary is designed to compensate
you for all hours worked each workweek regardless of how few or
how many.
Our employer closed the business because of inclement weather.
Should salaried employees be paid for that day or can the employer
force us to use a vacation day or be docked for the day’s pay?
Salaried non-exempt employees must receive their weekly equivalent
salary in any workweek that any work is performed; therefore, it
would be illegal for the employer to deduct that day from your pay.
The employer can require employees to use a day of vacation pay for
the missed day at work.
I was recently laid off and my company offered me a “severance”
package; however, I am required to sign a “non-compete” agreement
in order to get the severance pay. Is this legal?
Employers are not required to offer severance packages to
employees by either state or federal laws; therefore, the employer
can specify the conditions under which the severance benefits will
be paid.
How much notice must an employer give to employees before
changing their work schedules?
Although it is a good business practice to give employees as much
notice as possible when schedules change, no specific time requirement
is stated in either state or federal wage and hour laws. So long as the
employer properly pays employees for all hours worked, there is no
violation of the N.C. Wage and Hour Act.
NCDOL Signs Two New Alliance Agreements
continued from page 1
will work together to provide NCAPL employees and members
with information that will help protect employees’ health and
safety, particularly in reducing and preventing exposure to
recognized occupational hazards. The agreement also encourages
the NCAPL to share information and training on the industry’s
best practices with NCDOL employees.
“The NCAPL supports workplace health and safety in all
aspects of timber harvesting and transportation,” Duncan said.
“An alliance with agencies who also share this mission is prerequisite to reaching our goal of ‘no accidents—no injuries.’”
The N.C. Association of Professional Loggers is a non-profit
corporation formed in 2007 to promote logging professionalism and
business opportunities for the entire forest products network that
logging supports. The association is affiliated with the American
Loggers Council, which has more than 10,000 members.
Labor Commissioner
Cherie Berry watches Doug
Duncan, executive director
of the N.C. Association of
Professional Loggers, sign
an alliance agreement.
The Labor Department
and the association will
work together to reduce
injuries in the logging
industry.
Safety Awards Banquet Schedule
The following Safety Award banquets are scheduled for 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.
6
Date
City
Date
City
Date
City
April 6
Asheboro
May 5
Lumberton
June 2
Wilmington
April 14
Greenville
May 7
Rockingham
June 3
Kinston
April 15
Goldsboro
May 14
Morganton
June 4
Rocky Mount
April 16
Henderson
May 15
Charlotte
June 5
Raleigh
April 21
Roxboro
May 18
Sanford
June 9
High Point
June 11
Asheville
April 23
Shelby
May 18
Clinton
June 15
Albemarle
April 24
Concord
May 21
Monroe
June 16
Lexington
April 28
Burlington
May 26
Gastonia
June 18
Hickory
May 27
Statesville
June 23
Wilson
May 28
Ahoskie
June 25
Mount Airy
N.C.Department of Labor
Mine and Quarry Training
Part 46 New Miner Training
April 14, Wake Forest
April 21, Charlotte
May 11, Wake Forest
May 12, Fayetteville
May 12, North Wilkesboro
Part 46 Annual Refresher Training
April 7, Monroe
April 16, Wake Forest
April 23, Charlotte
May 14, Fayetteville
May 14, North Wilkesboro
May 14, Wake Forest
First Aid Training
April 15, Wake Forest
April 22, Charlotte
May 12, Wake Forest
May 13, Fayetteville
May 13, North Wilkesboro
To register for any of these classes,
contact the Mine and Quarry Bureau at (919) 807-2790.
Eastern N.C. Mine Safety
and Health Conference
April 29
Rocky Mount
Western N.C. Mine Safety
and Health Conference
April 30
Statesville
For more information about the N.C. Mine Safety and Health
Conferences and links to the registration forms, please visit the
calendar page on the NCDOL Web site:
www.nclabor.com/calendar.htm
OSH 10-Hour
Construction Industry
April 29-30
Fayetteville Technical Community College
Center for Business and Industry
For more information or to register, contact Tamara Bryant at
(910) 678-8462, or bryantt@faytechcc.edu.
Safety Schools
79th Annual N.C. Statewide Safety Conference
May 12-15
Joseph S. Koury Convention Center, Greensboro
May 21-22
Pitt Community College Greenville Center
For more information or to register, contact Gail Nichols at
(252) 493-7625, or gnichols@email.pittcc.edu.
www.comp.state.nc.us/ncic/pages/safety.htm#conference
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