May/June - NC Department of Labor

NC Labor
January-February
2010
May-June
2014
N.C. Department of Labor
Cherie Berry, Commissioner
Labor Department Celebrates SHARP Construction Project
By Neal O’Briant
Public Information Officer
T
he N.C. Department of Labor helped Barnhill Contracting Co. celebrate the nearing completion of the new Richland Creek Elementary
School in Wake Forest. The company held a luncheon at the school on May 20.
Labor Commissioner Cherie Berry awarded certificates for participation in the Safety and Health Achievement Recognition Program
(SHARP) Construction to Barnhill Contracting and 42 subcontractors during the luncheon.
During the nearly 13 months of construction, workers have worked a total of 187,185 hours without a lost-time accident. The site did not have
any recordable occupational injuries.
“Thank you for all your hard work and for making this project so successful,” Commissioner Berry said. “My relationship with Barnhill goes
back for years. I am so proud of the relationship that the company has with the Department of Labor. They are an outstanding company in North
Carolina because they care so much and they’re so committed to the safety and health of their employees and all the subcontractors. They have
participated with us in numerous partnerships and projects throughout the years, and every one of them has turned out to be a safe project.”
SHARP Construction recognizes and awards construction sector employers in North Carolina for their superior leadership in occupational
safety and health management. The participants in this program succeed in protecting their employees and subcontractors from death, injury and
illness by implementing a comprehensive and effective safety and health management system.
“SHARP is a lot about getting down to the subcontractors—helping them to improve,” said Marty Moser, senior vice president of Barnhill
Contracting’s Building Division. “These are the guys who are the laborers, the folks who are actually tradesmen. Making sure they have a program
that ensures their safety is paramount.”
Richland Creek Elementary opened in the 2012-13 school year for students in kindergarten through fifth grade. For the past two years, the
school has been located in modular classrooms at the DuBois Center a few miles away from the new facility. Barnhill Contracting began work
on the school project for the Wake County Public School System in April 2013. The work is on schedule for completion this summer, in time
for the beginning of the 2014-15 school year in August.
“I am really excited about the new school opening,” Principal Dr. Tammie Sexton said. “They have done so much in the last month.”
Barnhill Contracting employs more than 1,100 people and has 20 asphalt plants and 13 offices located throughout eastern North Carolina. The
company’s headquarters remain in Tarboro, and the company has nine operating divisions and offers three areas of service: site development,
commercial building and heavy highway construction.
Currently, Barnhill Contracting is one of four SHARP Construction establishments in the state.
Labor Commissioner Cherie Berry awards
a SHARP Construction completion certificate
to officials with Barnhill Contracting Co.
From left to right: Jamie Massengill, project
manager; Barry Harden, vice president,
Operations; Dustin Hale, project engineer;
Tim James, superintendent; Marty Moser, vice
president, Building Division; Commissioner
Berry; Junior Godwin, safety director;
Jimmie Hughes, vice president, Human
Resources and Safety; Drew Rintelmann,
safety superintendent, Building Division;
and Gil Trejo, assistant superintendent.
Inside this edition:
From Labor
Commissioner
Cherie Berry
Warm weather is finally here. I know we are all looking
forward to summer activities. But while I am excited about
the fun activities that summer brings, I am also thinking
about the workers who will be working in the heat. It’s not
just farmworkers but also many construction and manufacturing workers who will work in high temperatures this
summer.
Heat stress is preventable if you know what to look for.
I encourage every worker and employer to learn about the
symptoms of heat stress. (See “Deadly Mistakes” on page
6.) If you are familiar with the symptoms, you will know
how to respond quickly and may save a life.
Fall prevention is another emphasis for the Labor
Department. Falls were the cause of more than a quarter
of the workplace fatalities in our state last year and account
for more than 40 percent of the workplace fatalities that
occurred during the first four months of this year.
We are participating in federal OSHA’s National Fall
Prevention Stand-Down the week of June 2-6. The goal of
the stand-down is to raise awareness of preventing fall
hazards in construction.
While we tend to think of fall hazards primarily in construction, workers in other industries can suffer from fatal
falls as well. Four of the six fatal workplace falls during the
first four months of this year occurred in industries other
than construction. Two were in manufacturing, one was in
the transportation industry, and one was in landscaping
services.
I encourage you to take a few minutes to talk to your
employees about the fall hazards in your workplace and to
reinforce the importance of fall prevention.
National Safety Stand-Down
page 3
NCDOL Reconizes Fayetteville Public Works
page 4
Summer Jobs for Youths
page 4
Think Safety on Inflatable Rides
page 5
Deadly Mistakes
page 6
Workplace Worries
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
Manufacturing Technologies, Ellenboro
MA Engineering Consultants Inc., Cary
Atlas Box & Crafting Co., Morrisville
Carolina Star Site
Veolia Environmental Services Technical Solutions, LLC,
Mooresville
Work Safely This Summer!
N.C. Department of Labor
Cherie Berry
Commissioner of Labor
Follow NCDOL on
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
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National Safety Stand-Down
By Marcy
Marcy Collyer
Collyer
By
TraininerSupervisor
Supervisor
Training
The National Safety Stand-Down to prevent falls in construction is scheduled for June 2-6. During the stand-down, employers and workers are
asked to pause their workday to talk about fall prevention in construction and to discuss topics like ladder safety, scaffolding safety and roofing
work safety to prevent an injury or fatality.
In recognition and support of the stand-down, the N.C. Department of Labor’s Occupational Safety and Health Division is collaborating with
StateUniversity
University-Industrial
ExtensionService
Serviceand
and
Safety
Health
Council
of N.C.
to provide
additional
focused
outreach
N.C. State
Industrial Extension
thethe
Safety
andand
Health
Council
of N.C.
to provide
additional
focused
outreach
efforts.efforts.
These
These outreach
distribution
of publications
as quick
fact sheets
a variety
of other
resources
fall prevention
as
outreach
efforts efforts
includeinclude
distribution
of publications
such assuch
quick
cards, cards,
fact sheets
and a and
variety
of other
resources
relatedrelated
to falltoprevention
as well
well
as fall
freeprevention
fall prevention
training
provided
the OSH
Division.
as
free
training
provided
by thebyOSH
Division.
OSH Division classes scheduled for the stand-down week include fall protection, scaffolding, steel erection, and stairways and ladders. Visit
the OSH Division’s training calender here on our website for more information.
This stand-down is also supported by several of our alliances, including Carolinas AGC, Lamar Advertising Co., the N.C. Home Builders
Association and NUCA of the Carolinas. Lamar Advertising will post billboards throughout the state promoting the National Safety Stand-Down.
Please use the links below to start working more safely today.
NCDOL Resources
www.nclabor.com/osha/etta/indguide/ig32.pdf
www.nclabor.com/osha/etta/A_to_Z_Topics/SlipsTrips.pdf
www.nclabor.com/posters/English/FallProt.pdf
www.nclabor.com/osha/Quick%20Card%20PDFs/Fall%20Protection%20Card.pdf
www.nclabor.com/osha/etta/Toolbox.pdf
N.C. State University, Industrial Extension Service
Safety and Health Council of N.C.
www.ies.ncsu.edu/stand-down
http://safetync.org/
USDOL Resources
www.osha.gov/StopFallsStandDown/
www.osha.gov/StopFallsStandDown/suggestions.html
N.C. Department of Labor
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Labor Department Recognizes Fayetteville Public Works Commission
By Neal O’Briant
Public Information Officer
The N.C. Department of Labor recognized the Fayetteville Public Works
Commission for achieving 3 million hours without a lost-time workplace accident.
State Labor Commissioner Cherie Berry attended a ceremony at the commission
on April 23 to present officials with an award.
“A good safety record is something to be proud of,” Commissioner Berry said.
“I am happy to recognize the Fayetteville Public Works Commission and all its
employees who work hard to make safety a priority.”
The Labor Department presents awards to employers that accumulate 1 million
employee hours with no injuries or illnesses involving days away from work.
Subsequent awards are given for each additional 1 million employee hours with
no injuries or illnesses. PWC’s last lost-time incident occurred Nov. 14, 2011.
“PWC’s three million-hour award is the largest we’ve ever received,” said
Steve Blanchard, general manager. “We appreciate all the efforts our employees
have made to keep focused on safety in every job.”
Fayetteville Public Works has provided utility services to Fayetteville since Labor Commissioner Cherie Berry (left) helps the Fayetteville Public
1905. It currently employs nearly 600 workers. The Public Works Commission Works Commission celebrate 3 million hours without a lost-time
has kept up with demands for electric, water and sanitary sewer utilities to serve accident with Randy Williams, chair of PWC safety committee (center),
the rapidly growing city and surrounding urbanized areas.
and Andy Dunlap, manager of organizational development, training
In addition to the award for 3 million hours without a lost-time workplace and safety (right).
accident, the Labor Department also recognized PWC with a gold safety award
for the 26th consecutive year at the safety awards banquet in Lumberton on May 6. Gold awards are given to employers that achieve a rate of
days away from work, job transfer or restriction at least 50 percent below their industry average.
Summer Jobs for Youths
By Neal O’Briant, Public Information Officer
As the end of the school year approaches, many youths will begin looking for summer jobs. Those under the age of 18 need to be aware of the
regulations. Generally, employees working for businesses must be at least 14 years old to work. The North Carolina youth employment provisions
do not apply to farm work.
“A first job is an exciting time for both teenagers and their parents.” Labor Commissioner Cherie Berry said. “It teaches responsibility, along
with new skills, which can help land a better job in the future.”
Workers under 18 must obtain a youth employment certificate before beginning work. Certificates are available on the NCDOL website at
www.nclabor.com/wh/youth_instructions.htm. Youths or their parents fill out the information online after receiving a job offer from an employer.
In addition to the youth’s information, the business type, business name, address and email are required. After the permit is approved, they print
out the certificate and have it signed by the youth, parent and employer. The employer should keep the signed copy on file.
Youths must obtain a new certificate each time they change employers. If a youth returns to the same employer and a certificate is still on file,
a new one is not needed, even if the job duties have changed.
Youths who are at least 16 years old can perform any job that is not hazardous or detrimental. Some examples of jobs those under the age of
18 cannot do include mining, logging, meatpacking, roofing, excavation or demolition. They cannot drive a forklift or work with saws, explosives,
radioactive materials or most power-driven machines. There are additional rules that apply to youths under the age of 16. A list of these restricted
occupations can be found on the NCDOL website at www.nclabor.com/wh/fact%20sheets/joint_state_fed.htm.
Youths 16 or older can work as many hours as they want. However, 16- and 17-year-olds enrolled in school cannot work past 11 p.m. if class
is in session the next day or before 5 a.m. on a school day.
Rules for 14- and 15-year-olds are more restrictive. They are allowed to work only in offices, retail or food service establishments, or gas stations.
They can work only outside school hours, for three hours a day on school days or eight hours a day on non-school days.
Teens under 16 are limited to a total of 18 hours of work during a school week and 40 hours of work during a non-school week. These teens
also are prohibited from working later than 7 p.m. any night of the week during the school year, including during breaks. Youths under 16 can
work as late as 9 p.m. in the summer when school is out. They cannot work any overtime.
No one under 18 is allowed to prepare, dispense, serve or sell alcoholic beverages in an establishment with an on-premise ABC permit. Youths
under 16 cannot work inside such establishments at all; however, they can work on the outside grounds with parental permission.
It is always the employer’s responsibility to make sure that youths under 18 are employed legally under both state and federal child labor laws.
For more information contact the Wage and Hour Bureau at 919-807-2796, or toll-free at 1-800-625-2267.
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Think Safety on Inflatable Rides
By Dolores Quesenberry
Communications Director
Recent events in other states have once again brought inflatable rides into the headlines in local and national media. NCDOL ride inspectors
with the Elevator and Amusement Device Bureau inspect hundreds of inflatable rides that will appear at carnivals, parties and other events across
our state. Inflatable rides have grown in popularity and are now standard attractions.
Today’s inflatable rides are more than just moonwalks. There are giant slides, obstacle courses, water attractions and jousting pits, to name a
few. By law, all of these devices must be inspected by the Labor Department’s certified ride inspectors once each year to operate in North Carolina
for the public.
Smaller versions of inflatable rides are available for purchase for home use. Although these devices are exempt from NCDOL inspections, parents
should be equally cautious in their setup and operation. They should follow the manufacturer’s recommendations and these safety rules:
Safety Rules for Inflatables
P Adult supervision is required at all times.
P Follow the rules listed by the manufacturer on the side of the inflatable.
P Do not use an inflatable device in the rain or if wind gusts are greater than 20 miles per hour.
P Do not let larger kids on with smaller kids.
P Do not hold hands or ride in another’s lap on slides.
P Do not flip, push or roughhouse while on an inflatable device.
P Do not use an inflatable device while wearing shoes, jewelry or any sharp object.
P Do not allow kids to go behind the rides where generators and blowers are located.
P If a ride begins to deflate, evacuate immediately. Rides deflate rapidly if power source is lost.
NCDOL inspector Frank Clements checks the exit on
an inflatable ride. In North Carolina, inflatable rides open
to the public have to be inspected by the Labor Department
annually. Each ride has to meet the manufacturer’s
specifications 100 percent to pass the inspection.
Inflatable rides inspected by the N.C.
Department of Labor will have green
tags this year in addition to the permanent round tags. Look for the inspection
tags on the rear-end facing right-hand
side of the ride near the tie-down straps.
NCDOL ride inspectors have a checklist that they go through before a ride will be certified
for the public to enjoy. The inspectors check to ensure the material is flame retardant or resistant.
They are trained to look for wear and tear at entrances and exits where the rides get the most
foot traffic. They also look at the ground anchor points and tether lines to make sure they are
in place. They check the blowers and generators and make sure fire extinguishers are available.
The owners can make many repairs on the spot by using repair kits provided by the manufacturers.
“There are a few simple things adults should do before letting kids on a ride,” said Frank
Clements, field supervisor for the Elevator and Amusement Device Bureau. “There are two
important tags you need to look for on the device. One is a round metal tag that has a state
registry number on it. The second is a green tag that will have ‘NCDOL 2014’ printed on it.”
Clements explained that the tags are placed consistently in the same spot to make it easier
for the public to find. Inspectors place them on the rear-end facing right-hand side of the ride
near the tie down straps. The department changes the color of the tag each year for tracking
purposes.
“If the tags are not posted, the device is not safe to ride,” Clements said. “The device must
meet the manufacturers’ specifications 100 percent in North Carolina. Enforcing this protects
the public and forces the owners to take care of their rides.”
Ride inspectors urge the public to use common sense when using inflatable devices. Once
inspectors are gone, there are variables out of their control such as weather conditions.
If you visit a location with uninspected inflatable rides, you can call the Elevator and
Amusement Device Bureau to report it by calling 919-807-2770. Inspectors will need to know
the city, the street address of the event, and company name, if known.
Check out NCDOL’s videos
on our YouTube page.
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Discussion: Helping employers and employees understand the dangers
of working in extreme heat is an ongoing mission of the N.C.
Department of Labor. In response to four heat-related fatalities in 2011,
a major informational initiative that was launched in 2012 continues.
This effort has included employee training sessions, public service
announcements, training documents and highway billboards. Specific
heat-related illness inspection procedures were also developed. The various
heat-related materials are all free and available online at www.nclabor.com.
There were no heat-related deaths reported in 2013. The lower temperatures last summer helped. In July 2011 there were nine days
recorded at a 100 degrees temperature or more but none in 2013. Prior
to 2011 there had not been a heat-related fatality since 2006.
If North Carolina has another extremely hot summer with temperatures
over 100 degrees this year, we must use all we have learned and experienced about the dangers of working in the heat to keep employees safe.
By Steve Sykes
State Plan Coordinator
Accident Event: On
July 28, 2012, a 48-yearold farmworker died from heat stroke.
Investigative Findings: The victim, and a crew of 24 that he
worked with, were hired through a crew leader to top and sucker
tobacco. On the first day in the field, the heat index at noon was 109
degrees Fahrenheit, and the air temperature reached 99 degrees. The
temperature was even more prominent between the rows of tobacco
where there was very little air circulating. Water was available at the
end of each row and breaks were taken. However, the crew leader did
not tell the workers when to take a break. It was up to them. The workers
were transported to their labor camp and to town for meals on a bus
with an air conditioner that was not being used.
The next day, work began in the field by 8 a.m., and the crew
worked all morning until they stopped for lunch. The heat index
peaked out between 112 and 113 degrees Fahrenheit, and the air temperature was 95 degrees. Conditions on both days of work reached the
“extreme caution” and “danger range” as defined by the National
Weather Service.
By 3:30 p.m., the victim was no longer able to work in the heat and
headed toward the bus. As time passed, the farmworker became ill and
had fluids coming from his mouth. In addition, his speech was not
clear, his skin was hot and dry to the touch, and he began to breathe
deeply but then stopped breathing. The co-workers did not know what
was wrong with the victim. A nurse happened to be near the bus. She
began to attend to the victim and determined that his condition was
severe. She called 911. The co-workers were not aware that the victim’s
condition was so dire or what action to take. The victim was demonstrating obvious signs of heat stress, but the other workers were unable
to recognize the problem due to a lack of training.
Recommendations:
N Employers with employees working in the heat should develop
a heat-related illness prevention program.
N The prevention program should include training in the recognition
of the signs and symptoms of heat-related illnesses.
N Employees working in a hot environment must consume a sufficient amount of water. Thirst is not always an indicator of fluid
requirements. Employees may not voluntarily drink a sufficient
amount of water.
N Employees’ consumption of water must be managed and monitored.
N Attention should be given to the work environment during periods
of extreme heat. A procedure for measuring air temperature in
conjunction with other environmental factors should be established.
By Val Eucare, Wage and Hour Administrator
Q: I am contacting you as an employer with a corporate office in Vermont, and employees in a wide variety of
states. In trying to determine our best practice for paying our employees, I would like to understand any
state-specific laws about the delivery method and timeliness of paycheck remittance.
We are a construction company and offer paper checks, pay cards, and direct deposit to all of our
employees. The paper paychecks are cut here, in Vermont. When employees opt to receive a paper check,
we are interested in knowing if we are obligated to put it in the mail prior to the actual pay date, or what
sort of guidelines we should follow. We have been overnighting packages to the jobsite, but are finding that
not to be cost effective with a large majority of staff using direct deposit.
Could you please let me know any policy about getting paper checks to the employees in your state, or
direct me to documentation addressing this?
A: The Wage and Hour Act of North Carolina does not require a specific form of payment. Therefore, the
employer may select any legal form of payment, so long as payment is made in full on the designated payday, subject to authorized deductions
and legal withholdings. Acceptable forms of payment include cash, money order, negotiable checks, and direct deposit into an institution whose
deposits are insured by the United States government or an institution selected by the employee.
It is entirely up to the employer to pay or not to pay some or all of its employees by direct deposit. An employer can make the payment of
wages by direct deposit as a condition of employment without violating the Wage and Hour Act. If direct deposit is the only option offered the
employee, the employees must be able to choose their own financial institution. If direct deposit is used in conjunction with the use of a payroll
card account, an employer can require the payroll card account to be with a particular financial institution as long as deposits in that institution
are insured by the U.S. government, and as long as regular direct deposit is offered to any financial institution of the employee’s choice.
It is also the enforcement position of the N.C. Department of Labor that if the payment of wages by direct deposit by an employer is mandatory,
then its employees must not incur additional costs as a result of participation—such as bank fees—if those costs result in an employee being paid
less than the N.C. minimum wage of $7.25 an hour. Conversely, we take the position that if direct deposit is completely optional and an employee
elects to be paid by direct deposit, then the costs to this employee can bring the employee’s pay below the minimum wage. If your business
comes under the federal Fair Labor Standards Act (FLSA), you will need to contact the U.S. Department of Labor’s Wage and Hour Division
concerning the federal minimum wage and their position.
Workplace
Worries
6
N.C.
N.C.Department
DepartmentofofLabor
Labor
10-Hour Construction Industry
Awareness Courses
Mine and Quarry Training
Part 46 New Miner Training
June 23-25, Wake Forest
July 21-23, Wake Forest
Aug. 5, Wake Forest
Part 46 Annual Refresher Training
June 26, Wake Forest
July 24, Wake Forest
Aug. 7, Greensboro
Part 48 New Miner Training
Aug. 4-6, Wake Forest
Part 48 Annual Refresher Training
Aug. 7, Greensboro
First Aid Training
Aug. 6, Greensboro
June 11-12
Asheville-Buncombe Technical College
Click here for more information.
Wilmington Regional
Health and Safety School
July 24-25
Coastline Convention Center
www.wilmingtonsafetyschool.com
Top Four Hazards in the
Construction Industry—Spanish
For details and to register for any of these seminars or classes,
contact the Mine and Quarry Bureau at 919-807-2790.
Aug. 26, Wilmington
Click here for more information.
Train the Trainer
Course for Construction
OSH Webinar Courses
Aug. 4-8
OSH Raleigh Field Office
Visit the OSH Training Schedule Calendar here to view
upcoming Internet training and other safety courses.
Upcoming webinar topics include steel erection, fall protection, stairways and ladders, scaffolding, excavations
and trenching, and heat stress. Check the calendar for
new courses being added soon.
Click here for more information.
1-800-625-2267 v www.nclabor.com
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