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					 NC Labor
                                                                                                             January-February 2010
                                                                                                           November-December 2011




   N.C. Department of Labor
  Cherie Berry, Commissioner




NCDOL Marks 25th Annual Plumber/Pipefitter Contest
By Neal O’Briant
Public Information Officer

  The N.C. Department of Labor’s Apprenticeship and Training Bureau celebrated
the 25th Annual Plumber/Pipefitter Contest at the N.C. State Fair on Oct. 21. The
department split the Plumber/Pipefitter Contest into two in 2008, with apprentices
competing separately to complete plumbing and pipefitting projects.
  Two Raleigh men won first place. Brendan O’Reilly took home the first place
prize for plumbing, and Paul Wright placed first in pipefitting. Both men won a
$325 premium from the State Fair, a plaque and an assortment of sponsor prizes for
their efforts. Both were sponsored by the Joint Apprenticeship and Training
Committee of the Plumbers and Pipefitters of the Carolinas.
  “The contest this afternoon was very successful,” said Dale Dawson, executive
director of the State Board of Examiners of Plumbing, Heat and Fire Sprinklers. “All
of our contestants did a fantastic job. We were very impressed with their technical
skills, and we are looking forward to another successful campaign next year.”
  Labor Commissioner Cherie Berry presented the awards to all of the contestants.
                                                                                             Paul Wright receives a blue ribbon and sponsor
  “I call the apprenticeship program the ‘other four-year degree’ in North Carolina,”        prizes from Labor Commissioner Cherie Berry for
Commissioner Berry said. “To me, it is just as important, maybe more so, than a              finishing first in pipefitting.
college degree. ... It is critically important as we move forward in North Carolina to
have people with these skills.”
                                                                     Cory and Ryan Ault, two Cary brothers, placed second and third,
                                                                   respectively, in the plumbing contest. Both were sponsored by the
                                                                   JATC Plumbers and Pipefitters of the Carolinas. Charles Ballard of
                                                                   Kannapolis placed second in the pipefitter contest. He was also
                                                                   sponsored by the JATC Plumbers and Pipefitters of the Carolinas.
                                                                   David Talton of Raleigh placed third in the pipefitter contest. He
                                                                   was sponsored by Central Engineering of the N.C. Department of
                                                                   Corrections.
                                                                     “It was a learning experience, especially managing my time,”
                                                                   Cory Ault said. “I’m glad I did it. I had fun and am looking forward
                                                                   to competing again next year.”
                                                                     In addition to the 25th Annual Plumbing/Pipefitting Contest, the
                                                                   N.C. Department of Labor held three contests for registered apprentices
                                                                   at the N.C. State Fair in masonry, HV/AC-R, and electrical trades.
                                                                   The department held an additional contest for high school carpentry
                                                                   students, who competed in teams of two. These contests showcase
                                                                   the state’s best apprentices and are a highlight of the N.C. State Fair.
Labor Commissioner Cherie Berry and Dale Dawson congratulate       See photos of all the winners on page 3.
Brendan O’Reilly for finishing first in plumbing.
                                           From Labor
                                                                                                 Inside this edition:
                                                                                                 2011 Apprentice Contest Winners                                              page 3
                                           Commissioner
                                           Cherie Berry                                          Labor Department Celebrates Partnership                                      page 3
                                                                                                 Deadly Mistakes                                                              page 4
                                                                                                 Workplace Worries                                                            page 4
    I observed a mine emergency rescue drill in October at
Harrison Construction’s Dillsboro Quarry. This was an                                            Legislature Passes E-Verify Law                                              page 5
impressive drill that was coordinated with mine employees
and local emergency medical services. A mannequin was                                            North Carolina’s Injury/Illness Rate Remains Low                             page 5
used to play out the scenario involving a worker who slips
and falls and is hanging in midair. The rescue mission                                           Bulletin Board                                                               page 6
forced the employees and local EMS to think through how
they would respond should this actually happen.
    Drills like this prepare the rescue team to react quickly                                     Recognition Roundup
during a crisis, so that their actions become second nature.
So much of what we do in our jobs involves preparation                                              Recognition Roundup identifies businesses that qualify for one of the N.C.
and planning for a crisis that may never come. It is hard to                                      Department of Labor’s recognition programs. Congratulations to all of the
measure the effectiveness of preparedness until a life is                                         recent award recipients. To view a complete list of all North Carolina Star
spared because of it.                                                                             recipient companies, visit www.nclabor.com/osha/star/starsite.htm.
    According to data recently released by the U.S. Bureau                                          To view a complete list of all North Carolina SHARP companies, visit
of Labor Statistics, the 2010 injury and illness rate in our                                      www.nclabor.com/osha/consult/sharp_sites.pdf.
state tied the record low first set in 2009. North Carolina
is one of 13 states with a rate lower than the national average.                                                     Safety and Health Achievement Recognition
The record low injury and illness rate is a credit to the                                                            Program (SHARP) Award
employers and employees of our state. Safety is being                                                                Raleigh Winwater Co., Apex
embraced by management as well as those on the front
lines who are performing the state’s most dangerous work.
    Working together, we can continue to improve the safety
and health of North Carolina’s workers.                                                                              Carolina Star Award
                                                                                                                     Piedmont Natural Gas, Hickory
                                                                                                                     Honeywell International Inc., Rocky Mount (recertification)
                                                                                                                     John Deere Turf Care, Fuquay-Varina (recertification)
                                                                                                                     Syngenta Crop Protection Inc., Greensboro (recertification)
                                                                                                                     Permatech Inc., Graham (recertification)
                                                                                                                     ConvaTec Inc., Greensboro (recertification)
                                                                                                                     Georgia-Pacific Corp., Dudley Plywood Plant (recertification)
                                                                                                                     E.J. Pope & Son, Inc., Corporate Office & Maintenance Division,
                                                                                                                     Mount Olive (recertification)
                                                                                                                     Huntsman International LLC, Charlotte (recertification)
                                                                                                                     Metal Tech of Murfreesboro, Nucor Hertford Operations
                                                                                                                     (recertification)


                                                                                                                     Rising Star Award
                   N.C.Department of Labor
                                                                                                                     Cintas Corp., Charlotte
                                                                                                                     Eaton Corp., Vehicle Group, Transmission Division,
                            Cherie Berry
                                                                                                                     Kings Mountain
                         Commissioner of Labor
                                                                                                                     UTC Fire & Security, Lincolnton
  Editor ........................................................................Neal O’Briant
  Layout and Design ..............................................Jeff Wilson                                        Building Star Award
  Publications Bureau Chief ....................Mike Daniels
                                                                                                                     Patterson & Wilder Construction Co. Inc., Garner (recertification)
                       1101 Mail Service Center                                                                      Yonkers Industries Inc., Cary (recertification)
                       Raleigh, NC 27699-1101
                                                                                                                     CH2M HILL E&C Inc., Greenville (recertification)
             1-800-625-2267 • www.nclabor.com                                                                        Lend Lease (U.S.) Construction, Charlotte (recertification)


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                                                                                   2011 Apprentice Contest Winners




    Kale Hallman                                                                      Adam Keck          Mark Wolschleger    Raymond Croon               Bosie Kirby
  McGee Brothers Co.                                                                 RTI International   Watson Electrical            Caldwell Career Center
   Masonry Winner                                                                   HV/AC-R Winner       Electrical Winner              Carpentry Winners




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                                                                                     2011 Contest Winners!
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                      N.C. State Fair                                                                                                                                     N.C. State Fair
                    Apprentice Contests                                                                                                                                 Apprentice Contests
                                                                                         Become a fan of NCDOL Apprenticeship on Facebook.




Labor Department and Companies Celebrate Partnership Completion
By Neal O’Briant
Public Information Officer
   The N.C. Department of Labor, Balfour Beatty Construction
Co. and D.H. Griffin Construction celebrated the successful
completion of the safety partnership to construct the new
Guilford County Detention Center. Labor Commissioner
Cherie Berry presented certificates to officials with both
companies at a ceremony near the detention center Nov. 2.
   Officials with the N.C. Department of Labor and the
construction companies signed the safety partnership agreement
in January 2010. The partnership agreement emphasized a
desire to work cooperatively toward reducing injuries and
illnesses. All applicable elements of the partnership were
adopted by both companies’ on-site contractors.
                                                               Labor Commissioner Cherie Berry joins employees from Balfour Beatty Construction Co. and
   “The partnership with NCDOL has provided everyone
                                                               D.H. Griffin Construction, along with several NCDOL employees, to celebrate the successful
a platform for enhancing safety awareness and reducing         completion of the safety partnership to construct the new Guilford County Detention Center.
accidents at the workplace,” said Dave Hurly, president of
D.H. Griffin Construction Co. “It also reminds us to be
good stewards toward safety and health.”
   The Labor Department has another safety partnership with Balfour Beatty Construction covering the construction of the Wake County Justice
Center in downtown Raleigh. That partnership includes Barnhill Contracting.
   “Sometimes people are a little bit leery about picking up the phone and asking for our help,” Commissioner Berry said. “But through these
partnerships we demonstrate that that can be a very positive relationship to benefit not only the good of the company, but the public as well.”
   Another of the Labor Department’s partnerships also concluded successfully in November. That partnership was with Skanska USA for the
construction of the Wake County Detention Center.

                                                                                                                3
                                           By Steve Sykes                         Discussion: Tree felling and related activities have historically been
                                           State Plan Coordinator              some of the most dangerous jobs in North Carolina. The N.C.
                                                                               Department of Labor initiated a special emphasis program (SEP) for
                                              Fatal Event: A 50-year-
                                                                               tree felling in 1994 after 13 tree felling deaths in 1993. For most of the
                                            old employee was killed on
                                                                               years since 1994, tree felling has continued to be an area of special
July 27, 2010, when a nylon sling failed and he was struck in the head
                                                                               emphasis. In those years in which the SEP was discontinued, fatality
by a 10-pound snatch block (type of pulley).
                                                                               numbers increased.
   Investigative Findings: The victim was working on a crew that
                                                                                  The Logging SEP includes consultation and training activity, as well
was clearing a 20-foot right-of-way for power transmission lines. The
                                                                               as compliance intervention. NCDOL has worked with employees, employers
process included cutting down trees and removing them from the site.
                                                                               and industry groups in an effort to reduce the number of fatalities in
The victim was specifically engaged in the tree removal process at the
                                                                               this area. There were three tree felling related deaths in FY 2010, but
time of the accident. One end of a rope was tied to a load of logs that
                                                                               preliminary data indicate no tree felling related deaths in FY 2011.
were to be removed from the cleared area, and the other end of the
rope was attached to a skidder that was to pull the logs from the site.        Recommendations:
   The accident occurred when the movement of logs over rough terrain
was impeded. The resulting force exerted on the pulling apparatus,                N Equipment should be inspected for visible deformation including
including the rope, sling and snatch block, caused the weakest link,                cracks, wear and other damage that could affect load capacities.
the sling, to break. The nylon sling attached the snatch block to the
anchor trees. When the sling broke, it caused a sling shot effect that            N Rope or other equipment that is defective should be removed
resulted in the victim being struck in the head by the snatch block.                from service.
   An inspection of the apparatus used to pull the felled logs indicated
                                                                                  N Load capacity of lifting apparatus should be determined to make
that a wrong size rope was being used on the snatch block, the sling
                                                                                    sure it is adequate to complete the required lift.
was twisted and worn, which reduced the lifting capacity, and the rope
was damaged with frayed threads and small cuts on it. The employees               N Equipment such as ropes and pulleys should be matched properly.
had not received any training to evaluate the safety of the apparatus
used to drag the logs from the site, on the danger of remaining in the            N Employees should receive adequate training in order to avoid
load/pull zone, or first aid training.                                              hazards that could cause serious physical harm and death.


                                By Mike Morrow, Administrator                  entering the information required for a work permit on our website. A
                                Wage and Hour Bureau                           pop-up blocker will prevent you from being able to view the work permit
                                                                               and from being able to print it. You can call our toll-free number,
                                   Q: My employer stated that he did           1-800-NC-LABOR (1-800-625-2267), to have a Wage and Hour staff
                                not believe my doctor’s note was real.         member delete the certificate with an error message. You will have to
                                He has instructed me to get a second           re-enter all the information to create a new certificate.
                                note. If I refuse to get a second note,           Q: What is a full-time employee?
Workplace                       can he fire me?
                                   A: Yes. North Carolina is an
                                                                                  A: There is no definition of full-time employee in the North
                                                                               Carolina Wage and Hour Act. Each employer can set its own standards
    Worries                     employment-at-will state. Unless there         for what it considers a full-time employee to be. If company benefits are
                                is a specific law or an employment             based on full-time/part-time status, the employer must define full-time
contract providing otherwise, your employer can fire you for any reason        and/or part-time with relation to the policy. For example, a policy
or for no reason at all.                                                       could say, “All full-time employees are eligible for 1 week (40 hours)
  Q: I have tried to use your website to obtain my work permit, but I          of paid vacation after 1 year of continuous employment. Full-time
keep getting an error message. What should I do?                               employees are those employees who have averaged more than 30
  A: You need to make sure pop-up blockers are disabled prior to               hours per week for the last year (12 consecutive months).”




  NC Labor
                                                                           January-February 2010




                                                                                                      Subscribe
   N.C. Department of Labor
  Cherie Berry, Commissioner
                                                                                                      TODAY!

                                                                           4
Legislature Passes E-Verify Law
  The N.C. General Assembly recently passed E-Verify legislation. E-Verify is a web-based system operated by the U.S. Department of
Homeland Security in partnership with the Social Security Administration. The program allows participating employers to electronically verify
the employment authorization of newly hired employees.
  The effective dates for the new North Carolina law are as follows:
  Effective Oct. 1, 2012—employers with 500 or more employees will be required to use E-Verify to check work authorization for all new hires.
  Effective Jan. 1, 2013—employers with 100 or more employees will be required to use E-Verify to check work authorization for all new hires.
  Effective July 1, 2013—employers with 25 or more employees will be required to use E-Verify to check work authorization for all new hires.
  The N.C. Department of Labor is the agency charged with investigating complaints for violations of the E-Verify law. NCDOL will begin
accepting complaints against employers in accordance with the effective dates set forth above. For example, between Oct. 1, 2012, and Dec. 31,
2012, complaints will only be accepted against employers with 500 or more employees.
  No complaints will be accepted until the first effective date of Oct. 1, 2012.
  NCDOL is currently drafting administrative rules to clarify how complaints will be handled against companies that fail to E-Verify their
employees. The rules will take effect Oct. 1, 2012.
  Please note that NCDOL does not have jurisdiction with regards to E-Verify over state/local government agencies or municipalities and will
not be able to accept complaints against these entities.
  Employers who hire temporary seasonal workers for fewer than 90 days within a consecutive 12-month period and private employers with 24
or fewer employees are not required to use E-Verify.
  The UNC School of Government’s Immigration Law Bulletin included an article with more information on the E-verify legislation. Visit the
School of Government’s website at http://sogpubs.unc.edu/electronicversions/pdfs/ilb03.pdf to read it.
  If you have questions, you may call 919-733-7166.




North Carolina’s Injury and Illness Rate Remains at Historic Low
By Dolores Quesenberry
Communications Director
   North Carolina’s workplace injury and illness rate for private industry remained at a historic low for 2010 making the Tar Heel state one of the
safest states in which to work. The rate remained at 3.1 cases per 100 full-time workers and remains below the national average.
   “During my term as Labor Commissioner, I am proud of the fact that North Carolina’s injury and illness rate has dropped 41.5 percent (5.3 to
3.1) over the past 10 years,” Labor Commissioner Cherie Berry said. “The record low injury and illness rate is a credit to the employers and
employees of our state. Safety is being embraced by management as well as those on the front lines who are performing the state’s most dangerous
work.”
   The state’s Occupational Safety and Health Division focuses on hazardous industries like construction and manufacturing by implementing
special emphasis programs, providing free education and training, conducting free safety and health consultative visits, and establishing partnerships
and alliances.
   The 2010 rate for construction dropped to 3.0 per 100 full-time workers from 3.1 in 2009, well below the national average of 4.0. The 2010
manufacturing rate increased slightly to 3.7 from 3.5 in 2009, but still remains below the national rate of 4.4.
   North Carolina is tied for the fourth lowest workplace injury and illness rate in the country, trailing only Louisiana, New York and Texas, which
all had a rate of 2.7. North Carolina is one of 13 states with a rate statistically less than the national average of 3.5.
   Labor officials point to other driving factors that are affecting the state’s record low rates. Accidents are costly when you factor in legal fees,
insurance costs, plant down time and liability suits. Many employers are implementing effective safety and health programs to lower costs and
improve their bottom line.
    “Good employers understand that a good workplace safety program pays for itself,” Commissioner Berry said, “but at the end of the work
day, it’s really about making it home to family and loved ones that matters most.”




                                                                         5
             N.C.Department of Labor




         Mine and Quarry Training                                                   2012 Mine and Safety
               Part 46 New Miner Training                                            Health Conference
                   Dec. 13, Greensboro                                                          March 29-30
                   Dec. 19, Wake Forest
                                                                                 Sheraton Atlantic Beach Oceanfront Hotel
            Part 46 Annual Refresher Training                                         Presented in conjunction with the
                   Dec. 15, Greensboro                                             North Carolina Aggregates Association.
                   Dec. 21, Wake Forest
                                                                                      Click here for registration information.
                    First Aid Training
                   Dec. 14, Greensboro
                   Dec. 20, Wake Forest
             To register for any of these seminars or classes,
                                                                               10- and 30-Hour Construction
          contact the Mine and Quarry Bureau at 919-807-2790.                  Industry Awareness Courses
                                                                               Rowan-Cabarrus Community College, Concord
                                                                                            10-Hour Course
     Special Star Team Member Training                                                            Feb. 13-14
      NCDOT Transportation Office, Winston-Salem                                         Click here for more information.
                    March 5-6                                                               30-Hour Course
         OSH Division Field Office, Raleigh                                                       Feb. 13-17
                                                                                         Click here for more information.
                   March 8-9
           Limited to 20 participants per session. Registration is free.
      Contact Lamont Smith at 919-807-8909 or lamont.smith@labor.nc.gov.       1-800-625-2267 v www.nclabor.com


                                            OSH Regional and Webinar Courses
     Visit the OSH Training Schedule Calendar here to view upcoming Internet training courses. Upcoming topics include steel erection,
     powered industrial trucks, hazard communication, confined space entry, respiratory protection and scaffolding.




Piedmont Natural Gas
Earns Carolina Star
The Hickory Operations Center of Piedmont Natural Gas
Inc. received the Carolina Star Award from Labor Com-
missioner Cherie Berry on Nov. 11. The company is the
first natural gas local distribution company in the country
to receive such recognition.
   The Carolina Star Program is the N.C. Labor Depart-
ment’s version of federal OSHA’s Voluntary Protection
Program.




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