Inside this issue • Berry Column - page 2 • Workplace Worries - page 3 • Deadly Mistakes - page 3 • Safety Workshops - page 3 • Subscription Information - page 4 May 2002 Vol. 10 • Number 5 Agency Recognizes Top Apprentices ‘Tried and True’ Program Is a Benefit to Businesses and Workers The N.C. Department of Labor recognized the outstanding accomplishments of several apprentices across the state during its 18th Annual Apprenticeship and Training Forum near Research Triangle Park. The forum, an annual event sponsored by the N.C. Department of Labor, brings together business people, craftsmen, educators, state officials and others to discuss ways to promote and enhance apprenticeship and on-the-job training in North Carolina. “Apprenticeships are tried and true,” said N.C. Labor Commissioner Cherie Berry. “An apprenticeship program is an investment that pays big dividends. It benefits the worker and the economy. Everyone benefits.” Winners included outstanding fourth-year apprentices Michael Wallace, an electrician apprentice with RaleighDurham JATC in Research Triangle Park; Jessica Brevard, a pipefitter apprentice with JATC Plumbers & Pipefitters, Local 421, in Raleigh; Chad E. Bowles, a mold maker apprentice with Tyco Electronics in Greensboro; Eugene W. Yelton, a maintenance mechanic apprentice with Baxter Healthcare Corp. of Marion; and Clayton E. Brass III, N.C. Department of Labor 4 W. Edenton St. Raleigh, NC 27601-1092 Dr. Leo Coleman addresses attendees at the Apprenticeship and Training Forum. a pneudraulics system mechanic with the U.S. Marine Corps Naval Aviation Depot in Cherry Point. Third-year outstanding apprentices were Timothy D. Harrison, a maintenance mechanic apprentice with Baxter Healthcare Corp. in Marion; Anita Y. Williams, a cook apprentice with the U.S. Army in Fayetteville; James A. Mathes, a maintenance mechanic apprentice with Baxter Healthcare Corp. in Marion; Baxter R. Owens, an aircraft mechanic apprentice with the U.S. Marine Corps/Naval Aviation Depot in Cherry Point; Ron Carr, an HVAC service technician apprentice with Newcomb and Co. in Raleigh; Michael L. Sondys, a chemical plant operator III apprentice with PCS Phosphate in Aurora; and Daren L. Brewer, a maintenance mechanic apprentice with Baxter Healthcare Corp. in Marion. Second-year apprentice winners were Derek C. Spransy, a network support specialist apprentice with the Orange County Board of Education in Hillsborough; Douglas A. Varley, a senior development technician apprentice Continued on page 2 NCDOL Offers Training to Improve Funeral Home Safety The N.C. Department of Labor has stepped up its efforts to boost safety for funeral home employees. The department’s Division of Occupational Safety and Health is offering eduPRSRT STD U.S. Postage cation and PAID Permit No. 154 training sesRaleigh, NC sions along with consultative services. It has also increased its focus on funeral home inspections. The move stems from a review that revealed a variety of safety and health violations during funeral home inspections nationwide. There are approximately 630 funeral homes in North Carolina. Department officials wanted to address the issue quickly in order to enhance worker safety. Workshops on funeral home safety and health have been an important outreach tool. “We thought it would be helpful to the industry to provide workshops explaining Continued on page 4 Agency Recognizes Apprentices Continued from page 1 with PCS Phosphate in Aurora; David P. Horne, an operator A chief apprentice with PCS Phosphate in Aurora; and Jeremy Strauss, an electrician apprentice with Bryant-Durham Electric Co. Inc. in Durham. From Commissioner Berry Recently, our Department of Labor held its 18th Annual Apprenticeship Forum. I want to mention this because there is a story, along with a list of winners, in this edition of the Labor Ledger. One of the things I have been most proud of is our fine apprenticeship forum. When you review all of this year’s winners, notice that they hail from various regions of our fine state. Diversity makes our employers and educators top-notch. Apprenticeships are so very important. They provide a link to the future for employers, prospective employees and educators. They help businesses grow. And, perhaps most importantly, they provide experience. Thanks to everyone who participated in the forum and to all of those of you who helped put it together in 2002. I look forward to next year! Commissioner of Labor Cherie K. Berry Commissioner 4 W. Edenton St. Raleigh, NC 27601-1092 Labor Ledger is published monthly by the N.C. Department of Labor for North Carolina employers and employees. Editor ........................................Greg Cook Business Mgr .........................Nancy Baird Layout and Design ..................Jeff Wilson Comments and suggestions are welcome. Annual subscriptions are available for $10. Please direct inquiries to the N.C. Department of Labor, Communications Division, (919) 733-0363, or call 1-800-NC-LABOR. Visit our Web site at … http://www.nclabor.com 2 Outstanding first-year apprentices were Mike K. Hensley, a maintenance mechanic apprentice with Baxter Healthcare Corp. in Marion; Kelly Wilson, a pipefitter apprentice with Inco Inc. in Rocky Mount; and Wayne R. Clark, a maintenance mechanic apprentice with Baxter Healthcare Corp. in Marion. Outstanding high school apprentices were Philip Jones, reporter/journalist apprentice with the Wilson Daily Times, Wilson. Jones is a student at Wilson Fike High School. Adam L. Cratt, automotive technician apprentice with Wynne’s Chevrolet Inc. in Bethel. Cratt is a student at Roanoke High School. Brandi L. Taylor, pharmacy technician apprentice with Foster Drug Co. Inc. in Mocksville. Taylor is student at Davie High School. James M. Holliday, an industrial maintenance technician apprentice with McMurray Fabrics Inc. of Jamesville. Holliday is a student at Jamesville High School. Joshua T. Gurkin, an administrative assistant apprentice with Edward Jones in Washington. Gurkin is a student at Washington High School. Jason L. Thompson, an automotive technician apprentice with Westcott Buick/Isuzu/ GMC in Gibsonville. Thompson is a student at Western Alamance High School. Kevin A. McMullen, a cabinet maker apprentice with Sloan Cabinet Shop in Mount Olive. McMullen is a student at Southern Wayne High School. Garrett L. Hood, a bricklayer apprentice with McGee Brothers Co. Inc. in Monroe. Hood is a student at Central Cabarrus High School. Andy Harvell, a high performance fabricator technician apprentice with PPI Motor Sports, LLC, in Hickory. Harvell is a student at Newton-Conover High School. The N.C. Department of Labor also recognized outstanding apprentice programs. Those programs were Penn Engineering Fastener Division, Winston-Salem; Moen Inc., Sanford Plant, Sanford; Triad Electrical Apprenticeship Council, High Point; and Raleigh-Durham Electrical JATC, Research Triangle Park. Outstanding on-the-job programs were Henry Wurst Inc. of Apex and U.S. Marine Corp., Naval Aviation Depot, Cherry Point. Outstanding individuals contributing to apprenticeship were Norman D. House, Martin County School System, Williamston; Donald N. Hildebrand, PCS Phosphate, Aurora; Carolyn Milliron, Carolina’s Associated General Contractors, Charlotte; Chris Pake, Nash-Rocky Mount Schools, Rocky Mount; and Edward G. Drescher, UA Plumbers & Pipefitters Local 421, Raleigh. The outstanding high school system was Alamance-Burlington School System, Burlington. Those receiving honorary trademaster awards were Billy E. Pearson, a maintenance mechanic with Baxter Healthcare in Marion; Ricky A. Mohn, a mechanic trades trademaster with Corning Inc. in Wilmington; and Gary L. Lewis, an instrument electrician with Corning Inc. in Wilmington. The department named the following as outstanding master craftsmen: Ross L. Bell with PCS Phosphate in Aurora; Patrick A. Bucksot with PCS Phosphate in Aurora; Anthony B. Fulcher Jr. with PCS Phosphate in Aurora; Terry C. Gordon with PCS Phosphate in Aurora; and Barry W. Hodowanic, also with PCS Phosphate in Aurora. PCS Phosphate in Aurora also was named as the outstanding master craftsman program. Q. If an employee is required to be on call, are there laws that ensure the employee will be paid for that time? A. Generally, an employer must pay its employees either the minimum wage (currently $5.15 an hour under both North Carolina and federal labor laws) or an employee’s promised rate of pay (including a salary), whichever is greater, and time and a half overtime pay based on an employee’s regular rate of pay for all hours worked in excess of 40 in a workweek unless the employee is exempt for some reason. On-call time is generally not considered work time even if you have to carry a pager. This is usually true even if an employee has to stay in the same county or within a radius of a certain number of miles from the employer’s place of business and be required to wear a pager. On-call time becomes hours worked when an employee is required to remain on call at the employer’s place of business or so close to the business that the employee cannot use the time effectively for the employee’s own purposes. If the oncall time is not work time, then the employer is not required to pay the employee who is on-call for this time unless there is a promise to do so. You need to review the federal rules on hours worked including on-call time in Code of Federal Regulation (CFR) 785 (we have adopted this federal rule). The on-call time rules are found in 785.17. Q. How do I file a wage and hour complaint? A. To file a wage complaint with this office, you can call us locally at (919) 807-2796 or (toll-free in NC only) 1800-NC-LABOR (1-800-625-2267). An information specialist will either it collapsed. He died 11 days later. WHAT HAPPENED: Three employees, under their supervisor’s guidance, were demolishing a vehicular bridge 23 feet above a railroad track. The railroad was anxious to have the job completed as quickly as possible because soil erosion and disintegration of structural members had caused the bridge to shift. At the time of the accident the central flooring had been removed and two workers were on the remaining wooden walkway when they felt the bridge move. The supervisor noticed the movement also and called to both men to get off the bridge. One worker ran to safety, but the other froze and fell with the bridge when F I N D I N G S : Following its inspection, occupational safety and health investigators cited the employer for one serious violation for failing to conduct an engineering survey of the structure before permitting employees to begin work. RECOMMENDATIONS: An engineering survey of structures to determine their condition and the answer your questions, refer you to another agency or to a private attorney, or take your wage complaint information over the telephone. If you are owed back wages, you may also take your own legal action in court, including small claims court if applicable, but you cannot come back to us to file a wage complaint if you take court action on your own. However, if you file a wage complaint with this office and we cannot resolve your complaint, you may still take legal action on your own. Safety Workshops The N.C. Department of Labor, Occupational Safety and Health Division, has developed 10-hour awareness workshops specifically for N.C. businesses. The workshops are designed to provide an introduction to the safety standards for general industry or the construction industry. Safety experts will present each topic at the workshop. NCDOL offers the workshops through the state community college Continued on page 4 possibility of unplanned collapse should be obtained before permitting employees to start demolition operation. A written record of the survey should be maintained [29 CFR 1926.850(a)]. SOURCES OF ASSISTANCE: * OSHA General Industry Standards [CFR parts 1900-1910] and OSHA Construction Standards [CFR Part 1926], which together include all OSHA job safety and health rules and regulations covering construction. In North Carolina, employers can call the N.C. Department of Labor at 1-800-NC-LABOR or the department’s Education and Training Office, (919) 807-2875. Those seeking on-site consultative visits may call (919) 807-2899. Information for Deadly Mistakes was provided by the federal Occupational Safety and Health Administration. 3 Improved Funeral Home Safety Safety Workshops Continued from page 1 Continued from page 3 why their industry is receiving more attention and teaching them to recognize the more common OSH violations,” said Kevin O’Barr, education and training specialist with the N.C. Department of Labor. Education and training, consultative visits and compliance inspections are components of an approach that is similar to the department’s special emphasis safety programs, such as the current program that focuses on construction. While the funeral home industry is not part of a special emphasis program per se, it is the focus of greater attention by department personnel. Common problems of workplace safety in funeral homes are bloodborne pathogen issues, hazard communication gaps and formaldehyde violations. sure control plans, annual training programs, and training and exposure records. The hazard communication rule includes labeling and material safety data sheet availability requirements. Formaldehyde rules require a representative sampling of employees exposed to the chemical, periodic monitoring of those employees based on previous results and training. For clarification of any OSH standard, call (919) 807-2875 and ask to speak to a standards officer. For additional information on education and training workshops for funeral home employees, contact Kevin O’Barr at (919) 8072893. Those seeking consultative services may contact (919) 807-2899. Have labor-related questions? Call … 1-800-NC-LABOR Bloodborne pathogen rules encompass a variety of safety topics, including expo- system or other host organizations. Upon completion of each workshop, attendees will receive a 10-hour general industry or construction card. The workshops, which are free, are designed for safety and health professionals, training managers, operations and plant managers, safety committee members, supervisors, maintenance personnel, or anyone who is responsible for writing and implementing safety standards in the workplace. The first workshops are scheduled for May 23-24 (construction) and June 5-6 (general industry). For a complete listing, go to www.nclabor.com/calendar.htm. For general industry workshop information, contact Lauren Kash at (919) 807-2896. For construction industry workshop information, contact Myrton Hall at (919) 807-2966. Subscribe to the Labor Ledger today for only $10 per year! 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