January
2001
For Members Only
This is the
fax/printout version of the monthly newsletter for NCCBI
members
__________________________________________________________________________
States
First Woman Lieutenant Governor to Keynote Legislative
Conference
Beverly
Perdue, the seven-term state senator who became the first
woman elected lieutenant governor, will deliver the keynote
luncheon address at NCCBI's Legislative Conference on Feb.
22. The half-day event, which will again take place at
the McKimmon Center on the campus of N.C. State University
in Raleigh, is open to all NCCBI members. A crowd of about
400 is expected to attend.
Other major political figures invited to appear at the
conference include Senate President Pro Tem Marc Basnight,
House Speaker Jim Black, Senate Minority Leader Patrick
Ballantine, House Minority Leader Leo Daughtry and State
Treasurer Richard Moore. NCCBI Chairman Mac Everett of
Charlotte will preside at the conference. NCCBI President
Phil Kirk will deliver closing remarks before the luncheon.
Traditionally, the governor is the luncheon speaker at the
NCCBI Legislative Conference. But because this year's
conference falls so close to the NCCBI Annual Meeting on
March 21, it was decided not to ask Gov. Mike Easley to
address an NCCBI function twice in so short a period of
time. Easley has accepted NCCBI's invitation to be the
luncheon speaker at the Annual Meeting.
The chairs of NCCBI's seven policy committees will present
the positions their groups have studied over the past
several months. The recommendations, as reviewed and
endorsed by the association's Executive Committee, form the
heart of the legislative agenda that NCCBI will pursue in
this year's legislative session.
The evening before the Legislative Conference, on Feb. 21,
NCCBI will again host a reception honoring members of the
General Assembly and other officials. That event, which will
run from 5:30 to 7 p.m., will be held at the Capital City
Club in downtown Raleigh. NCCBI is accepting sponsorships
for the Legislative Reception.
Costs for the conference are as follows: For NCCBI members,
$35 to attend just the reception, $80 to attend just the
conference, or $100 to attend all the events. For
non-members, the costs are $45 to attend just the reception,
$100 to attend just the conference, or $120 to attend all
the events.
NCCBI will mail complete information and registration
materials to all members in the weeks ahead.
Conference Agenda
8:30 a.m.: Registration and continental breakfast
9 a.m.: Welcome
by Chairman Mac Everett
9:05 a.m.: Senate
perspective from Senate President Pro Tem Marc Basnight
9:20 a.m.: House
perspective from House Speaker Jim Black
9:35 a.m.:
Legislative positions presented by the chairmen of the seven
policy committees.
10:15 a.m.:
Financial forecast by David Crotts, of the General
Assembly's Fiscal Research Division
10:30 a.m.: House minority party perspective from House Minority Leader Leo
Daughtry
10:40 a.m.: Senate
minority party perspective from Senate Minority Leader
Patrick Ballantine
10:50 a.m.: Break
11 a.m.:
Education outlook by Sen. Walter Dalton and Rep. Gene Rogers
11:20 a.m.:
Transportation issues by Sen. Wib Gulley and Rep. Nelson
Cole
11:40
a.m.: Legislative and administrative priorities by State Treasurer
Richard Moore
12:00 noon: Federal
issues overview by a representative of the National
Association of Manufacturers
12:25 p.m.: Closing
comments by NCCBI President Phil Kirk
12:35 p.m.: Wrap-up
by NCCBI Chairman Mac Everett
12:40 p.m.:
Luncheon and keynote address by Lt. Gov. Beverly Perdue
1:30 p.m.: Adjourn
Hunt challenges
Executive Committee to stay behind school reforms
North
Carolina's remarkable improvements in public education would
not have been possible without the strong support of the
business community, Gov. Jim Hunt told the NCCBI Executive
Committee during its quarterly meeting last month. "We
would not be where we are today in education without NCCBI and
the state's business community," Hunt said in remarks at
the Dec. 7 meeting on the campus of UNC Charlotte.
The Executive Committee in September unanimously agreed with a
request by Gov. Hunt for it to serve as an advisory body to
the state Education Cabinet. Hunt spoke at the December
meeting to explain what he expected the Executive Committee to
do in that capacity. The Education Cabinet advises the
governor on education policies. It is composed of the heads of
the five branches of education in the state -- the chairman of
the State Board of Education, the state Superintendent of
Public Instruction, the president of the Community College
System, the president of the UNC System, and the president of
N.C. Association of Independent Colleges and Universities.
Hunt urged the Executive Committee to continue supporting
improvements in public education after he leaves office.
"We need to have people to stay on top of this,"
Hunt said. "Who's going to keep pushing us? That's where
you come in," he told the group.
Hunt said his successor, Gov. Mike Easley, will work with
NCCBI to continue educational improvements. "He's a
willing learner," Hunt said about Easley, "but
you're going to have to support him and stay behind him.
(Easley) can become a very good education governor if you push
him to be one."
Hunt stressed that, despite the national recognition North
Carolina has received for improving its schools, much remains
to be done and can only be accomplished over time. "I
want you to keep up with this thing. I want your ideas on how
we can do this better. This is a marathon, not a sprint."
Please welcome these
new members
New members that have joined NCCBI from Nov. 1 to
Nov. 30 include: Archerd & Cuthbertson, PLLC, Asheville;
Rep. Joanne W. Bowie, Greensboro; Craft Homes USA, Monroe;
Durham Public Schools, Durham; Forsyth County Public Library,
Winston-Salem; Henry Dockworks Inc., Rocky Mount; High Country
Bank, Boone; Hudson Brothers Construction Co., Greenville;
Hyde County Schools, Swan Quarter; Johnston, Allison &
Hord, PA, Charlotte; Mail Boxes Etc., Huntersville; Hon. John
Martin, Raleigh; MicroMass Communications Inc., Raleigh; Rep.
Mia Morris, Fayetteville; NC Network, Raleigh; Pearsons Oil
Co., Candler; Phillips Interests, High Point; Linda Staunch
& Associates, New Bern; WTXY Radio, Whiteville; Yancey
Insurance Agency Inc., Raleigh; York Oil Co., White Plains.
State
Government Watch
State
agencies told to cut spending to deal with worsening budget
deficit
The state's worsening budget situation continues to
raise alarms after November receipts came in $106 million
under budget. Five months into the state's fiscal year, the
General Fund now is $287.1 million below target. Including
non-tax revenue, mainly income on investments controlled by
the state Treasurer's office, the deficit grows to $301.8
million for the period. NCCBI is stepping up its monitoring of
the budget situation by tracking additional revenue line items
(see the chart below),
including piped natural gas, plus adding a column where we
compare year-to-date figures with tax collections from the
same period last year.
State officials already have begun some belt-tightening
measures to deal with the looming deficit, which State Budget
Officer Marvin Dorman said could grow to as much as $325
million. Agency heads have been told their budget allocations
will be cut for the rest of the fiscal year. A directive from
the Budget Office requires agencies to cut spending by their
average reversions for the last five years plus one percent of
the agencies' current state appropriation. Exempt from the
cutbacks are the Department of Health and Human Services and
the judicial branch.
Hunt Administration officials and legislative budget analysts
are anxiously awaiting sales tax figures for the Christmas
shopping season. No one is expecting a surge in revenues; the
hope simply is that the revenue slide will stop there.
However, weak December numbers could swell the shortfall by
another $70 million to $100 million.
The problem is that tax revenues aren't growing as fast as the
state assumed they would when the current budget was adopted
last June. For example, the state has collected $169 million
more in individual income tax collections through five months
of this fiscal year than last. But the budget assumed a growth
of $350 million. The same is true in about every line item.
Moreover, the state lost a couple of lawsuits over illegally
collected taxes and has had to refund $60 million to Ford
Motor Co. and Chrysler. That money came out of existing
corporate income tax collections, which is why that line item
is in the red in the chart above.
Overall economic conditions in the state remain positive but
not as robust as before. Latest available numbers from the
Employment Security Commission show the state gaining 27,900
new jobs from October 1999 to October 2000, with seasonally
adjusted industrial employment now standing at 3,818,000.
Those numbers would have been much better but for the fast
that the industrial sector lost 15,000 jobs in October. About
half of those job losses were in manufacturing.
Most paychecks are fatter today than a year ago. Manufacturing
production workers earned an average of $12.82 an hour in
October and worked an average workweek of 41.1 hours for
weekly earnings of $526.90. That's $11.60 more than a typical
manufacturing worker earned last year at this time. The state
recorded 26 mass layoffs in the third quarter, putting 4,316
people out of work. Manufacturing had 17 mass layoffs in the
quarter, representing 2,851 workers. Unemployment is edging up
a bit even in the metro areas, as shown below:
n Asheville,
2.4 percent, up from 2.3 percent
n
Charlotte/Gastonia/Rock Hill, NC/SC, 4.0 percent, up from 3.4
percent
n
Fayetteville, 4.0 percent, unchanged
n Goldsboro,
3.5 percent, up from 3.2 percent
n
Greensboro/Winston-Salem/High Point, 2.9 percent, up from 2.7
percent
n
Greenville, 4.2 percent, up from 4.0 percent
n
Hickory/Morganton/Lenoir, 2.8 percent, up from 2.7 percent
n
Jacksonville, 3.4 percent, unchanged
n
Raleigh/Durham/Chapel Hill, 1.6 percent, unchanged
n Rocky
Mount, 5.6 percent, up from 5.0 percent
n
Wilmington, 3.4 percent, unchanged
Another weak month
for the state budget
|
Tax source
dollars
in millions
|
Projected monthly budget
|
Actual
November
collection
|
Y-T-D
projected,
5 months
|
Y-T-D
actual,
5 months
|
Y-T-D
actual,
prior year
|
% current
collections
vs. budget
|
Individual income
|
$575.2
|
$536.9
|
$2,914.9
|
$2,733.6
|
$2,564.6
|
93.8%
|
Corporate income
|
($28.3)
|
($72.8)
|
$112.1
|
($63.2)
|
$170.2
|
(56.4%)
|
Sales & use
|
$308.7
|
$284.3
|
$1,480.4
|
$1,456.2
|
$1,421.3
|
98.4%
|
Franchise
|
$40.6
|
$50.2
|
$170.3
|
$286.7
|
$182.5
|
168.3%
|
Insurance
|
$2.4
|
$2.0
|
$95.9
|
$89.1
|
$90.8
|
92.9%
|
Beverage
|
$16.9
|
$16.2
|
$71.0
|
$70.0
|
$67.1
|
98.6%
|
Inheritance
|
$12.7
|
$7.7
|
$63.8
|
$60.9
|
76.8
|
79.8%
|
Privilege license
|
$1.8
|
$1.7
|
$21.1
|
$20.8
|
$1.2
|
98.6%
|
Tobacco products
|
$3.5
|
$3.6
|
$17.9
|
$18.0
|
$21.7
|
100.6%
|
Real estate excise
|
$1.3
|
$1.3
|
$8.4
|
$8.4
|
$18.6
|
100.0%
|
Piped natural gas
|
$5.6
|
$3.2
|
$18.2
|
$16.2
|
$9.0
|
89.0%
|
Other
|
$1.3
|
$1.2
|
$2.1
|
$2.2
|
$3.5
|
n/a
|
Total
|
$941.8
|
$835.8
|
$4,978.9
|
$4,691.8
|
$4,639.6
|
94.2%
|
SOURCE: Office of the
State Controller
|
Businesses
experience 6,800 fewer on-the-job accidents
For
the seventh year in a row, fewer workers were injured in
on-the-job accidents in North Carolina. According to
statistics released last month by the state Labor Department, the total case rate of non-fatal injuries and
illnesses in 1999 decreased for all industries, from a rate of
6.0 per 100 full-time workers to 5.7. Private sector workers,
meanwhile, saw the injury and illness rate improve from 6.1 to
5.7.
"The rate for injuries and illnesses has improved for
many years, and we are certainly pleased with this latest
information," said state Labor Commissioner Harry E.
Payne, Jr. "With fewer people getting hurt on the job, we
are grateful our working citizens see safety as a priority.
The Department applauds the obvious focus on safety and health
by companies across the state."
Declines were recorded in most large industry segments.
Agriculture, forestry and fishing recorded a 1999 rate of 6.8
injuries and illnesses per 100 full-time workers, down from
7.8 in 1998. Construction saw a rate reduction of 8.2 in 1998
to 6.2 in 1999.
The
manufacturing industry segment remained even with 1998 figures
at a 7.6 rate while transportation and public utilities
improved from an injury and illness rate of 7.2 in 1998 to 6.9
in 1999.
In
1999, there were approximately 184,000 on-the-job injuries and
illnesses. Of those, 43,600 were serious enough to require
days away from work beyond the day of injury. That compares
with approximately 190,800 injuries and illnesses in 1998 with
about 48,900 cases with days away from work.
Business Growth
Corning
plans second major expansion of fiber-optics plant
Corning
Inc. said it will invest $450 million expanding its optical
fiber manufacturing plant in Cabarrus County, creating 475 new
jobs in the Concord area and making the facility the largest
fiber-optic manufacturing plant in the world. The expansion
will run concurrently with a $550 million expansion that
Corning announced for that facility last February, "This
is unprecedented - a company announcing two expansions of this
magnitude in less than a year," Gov. Jim Hunt said.
"The
increased fiber capacity made possible through the expansion
of Concord and the addition of a new facility enables us to
keep pace with the tremendous worldwide demand for Corning's
optical fiber," said Alan Eusden, senior vice president
and general manager, Optical Fiber, Corning. "Our
significant contract announcements with key network providers
confirm the strong value placed on our fiber products."The
new expansion brings Corning's total North Carolina investment
to more than $2.5 billion and its North Carolina employee
count to more than 6,500.
Corning
will be eligible for tax credits under the William S. Lee
Quality Jobs and Business Expansion Act, including credits for
job creation, investment and worker training.
Mooresville ceramics plant expands
NGK
Ceramics USA plans a $40 million, 50-employee expansion of its
Mooresville production facility, Gov. Jim Hunt said on Dec.
12. The announcement comes on the heels of a $15 million
expansion currently under construction and brings the
company's total investment in Iredell County to $108 million. "Since NGK first opened its doors in
1988, the company has expanded five times demonstrating their
commitment to North Carolina and the quality of the Iredell
County area and its workforce," Hunt said. "NGK
continues to bring good-paying jobs to our state and is one of
our state's greatest ambassadors among Japanese
businesses." NGK Insulators of Nagoya, Japan, is the parent company of NGK
Ceramics USA and is the world's largest insulator maker. The
Mooresville facility produces a unique honeycomb-type ceramic
filter used in automotive catalytic exhaust systems. The company will be eligible for investment, job creation and
worker training tax credits under the William S. Lee Quality
Jobs and Business Expansion Act.
Sports apparel maker picks Northampton County site
FX
GEAR, a division of MSFI, will open a new 50-employee sewing,
embroidery and distribution operation in Rich Square to make
sports apparel for Nike, Champion, Logo/Puma and other
clients. The company is purchasing the Mylcraft building on
U.S. Hwy 258 in Rich Square to house the operation. "Northampton County will certainly benefit
from these new jobs and will hopefully see additional
expansion as this company continues to grow," Gov. Jim
Hunt said in a Dec. 7 announcement. Jim White, FX GEAR plant
manager in Rich Square, said cut-and-sew operations have
already been established. He said the company recently entered
the second project phase, involving order processing and
distribution. This phase also includes a 40,000-square-foot
warehousing operation. The project's third phase is planned
for next year and could include screen-printing and embroidery
operations. If growth stays on pace, White expects to have
more than 100 employees by the end of 2001. The company will receive $10,000 from the N.C. Industrial
Recruitment Competitive Fund and will be eligible for job
creation, machinery and equipment, and worker training tax
credits under the William S. Lee Quality Jobs and Business
Expansion Act.
German drug maker buys Wilson facility
Wilson's
economy got a boost when Eon Pharma LLC, a subsidiary of Eon
Labs Manufacturing Inc., purchased the former Novopharm
facility from Teva Pharmaceuticals and said it will
immediately begin operations at the 275,000-square-foot
facility.
Eon
plans to hire about 60 people in its first year, and be fully
operational in two to three years. Eon Labs Manufacturing Inc.
is owner by Hexal AG, the No. 2 generic drug company in
Germany.
Federal
Government Watch
Preliminary Analysis of OSHAs Final Ergonomics Program Standard
Prepared for the National Association of
Manufacturers by
Lawrence P. Halprin, Keller and Heckman, LLP
Suite 500 W, 1001 G Street, N.W.
Washington, D.C. 20001
202-434-4177 fax: 202-434-4646
Stated
Purpose:
Reduce the frequency and severity of MSDs caused, contributed
to or significantly aggravated by acute and/or chronic
workplace exposure to the following risk factors: awkward
posture, contract stress, force, repetition, and vibration.
(Unlike the proposed rule, static posture and cold
temperatures are not included.)
SCOPE:
General
Industry (does not include Agriculture, Construction, Maritime
or Railroad Operations).
Core
ELEMENTS:
1)
MSD Hazard Information and Reporting;
2) Management Leadership and Employee Participation;
3) Hazard Analysis and Control;
4) Training;
5) Medical Management; and
6) Program Evaluation.
COMPLIANCE
PHASES:
Phase
I:
No later than 10/15/01, provide all employees with information
on MSD hazards and the reporting of MSDs and MSD signs and
symptoms. Do whatever more is necessary to be in compliance
with the requirements with Phase II as they come due.
Phase
II:
No later than 10/16/01, promptly investigate each employee
report of an MSD or an MSD sign or MSD symptom
and, to the extent required by the standard (as explained
below), implement management leadership, employee
participation, medical management, hazard analysis, and
initial hazard controls.
Phase
III:
To the extent required by the standard (as explained below),
implement permanent hazard controls and program evaluation.
COMPLIANCE STEPS:
Step
1:
MSD hazard and reporting information
Deadline:
Complete by 10/15/01.
Requirements: Provide all employees with required information
on MSD hazards and the reporting of MSDs and MSD signs and MSD
symptoms.
Step
2:
Determine whether reported condition is an MSD incident
Deadline: Promptly investigate and make determination for
reports received after 10/15/01.
Requirements: Determine whether a reported condition is
an MSD incident requiring further inquiry. Maintain
records of employee reports and employer responses. The test
is whether the condition:
is
work-related (caused, contributed to or significantly
aggravated by work); and resulted in days away from work or
restricted work (excluding the day of the report), medical
treatment beyond first aid, or an MSD sign or MSD
symptom lasting 7 days from report. (Notwithstanding their subjectivity and lack of a severity
threshold.)
An
MSD Sign is one of the following:
Decreased
range of motion
Deformity
Decreased grip strength
Loss of muscle function
An
MSD Symptom is one of the following:
Pain
Numbness
Tingling
Burning
Cramping
Stiffness
Decision
Point:
If an MSD incident, proceed to Step 3; otherwise stop.
Step
3:
Is Action Level exceeded?
Deadline: Complete within 7 days of MSD incident
determination.
Requirements: Determine whether employees job routinely
involves, on 1 or more days a week, exposure to one or more
relevant risk factors at or above the following Action
Levels:
Repetition:
Performing
the same motions every few seconds or repeating a cycle of
motions more than twice per minute for more than 2 consecutive
hours in a workday.
Using
a keyboard and/or mouse in a steady manner for more than 4
hours total in a workday.
Force:
Lifting
more than 75 pounds at any one time; more than 55 pounds more
than 10 times per day; or more than 25 pounds below the knees,
above the shoulder, or at arms length more than 25 times
per day. Pushing/pulling
with more than 20 pounds of initial force for more than 2
hours total per day (equivalent to pushing a shopping cart
with five 40 pound bags of dog food).
Pinching
an unsupported object weighing 2 or more pounds per hand, or
use of an equivalent pinching force, for more than 2 hours
total per day. Gripping
an unsupported object weighing 10 pounds or more per hand, or
use of an equivalent gripping force, for more than 2 hours
total per day.
Awkward
Postures
(further clarification from OSHA required)
Working
with the back, neck or wrists bent or twisted for more than 2
hours total per day in any of the following described postures
diagramed in the standard (Although it is not clear, it only
makes sense that these diagrams would be an exhaustive listing
of the covered awkward postures): Repeatedly raising or working with the hand(s) above the head
or the elbow(s) above the shoulder(s).
Kneeling or squatting. Standing with the (apparently
unsupported) back bent forward at least 30 degrees. Working
with the (apparently unsupported) neck bent forward some
unspecified angle (apparently at least 30 and possibly 45
degrees) and possibly bent back some unspecified angle. (OSHA
apparently omitted the angle specifications.) If the diagrams
are exhaustive, neck twisting would not be separately covered.
Ulnar deviation of at least 30 degrees with open hand or hand
gripping object. Wrist extension of at least 45 degrees or
flexion of at least 30 degrees while gripping an object.
Contact
Stress:
Using
the hand or knee as a hammer more than 10 times per hour for
more than 2 hours total per day;
Vibration:
Using
tools or equivalent that typically has high vibration levels
(such as chainsaws, jack hammers, percussive tools, riveting
or chipping hammers) for more than 30 minutes total per day.
Using
tools or equipment that typically has moderate vibration
levels (such as jig saws, grinders, or sanders) for more than
2 hours total per day. (Note: this could include operation of
floor cleaning equipment, lawn mowers, and possibly
forklifts.)
Decision
Point:
If have an MSD incident (per Step 2) and a relevant Action
Level is exceeded, go to Steps 4, 5, 6 and 7; otherwise stop.
OSHA estimates that, on average, approximately 37% of workers
will have exposures at or above the Action Levels.
Step
4:
MSD Management
Deadline: Initiate within 7 days of determination that
relevant Action Level is exceeded.
Requirements: Implement medical management requirements,
including: free access to HCP (including multiple HCP review),
work restrictions, and WRP for up to 90 days. Maintain records
of work restrictions, time off and HCP opinions.
Step
5:
Management Leadership & Employee Participation.
Deadline: Initiate within 30 days of determination that
relevant Action Level is exceeded.
Requirements: Implement management leadership and employee
participation requirements.
Step
6:
Train Program Coordinators
Deadline: Complete within 45 days of determination that
relevant Action Level is exceeded. Repeat every 3 years.
Requirements: Train employees who set up and manage program.
Step
7:
Job Hazard Analysis (JHA)
Deadline: Initiate within 60 days of determination that
relevant Action Level is exceeded.
Requirements: Determine whether job poses MSD hazard based on
1)
the Appendix D safe harbor tools (e.g., NIOSH Lifting
Equation);
2) recommendations of a professional trained in ergonomics; or
3) any other reasonable method. (As a practical matter, assume
the burden of proof will be on the employer to demonstrate the
reasonableness of any alternative method.) Maintain record of
each JHA.
Decision
Point:
If job poses an MSD hazard (i.e., it is a problem job),
go to Step 8; otherwise go to Step 9 and then Step 11. OSHA
estimates that approximately 33% of all workers will have
exposures above the safe harbor Appendix D exposure
levels.
Step
8:
Implement Interim Controls
Deadline: Complete within 90 days of determination that
relevant Action Level is exceeded.
Requirements: Implement initial engineering, work practice or
administrative controls (or PPE where no others are feasible)
to substantially reduce the exposures to the MSD hazards
posed by the problem job. Maintain record of control measures.
Step
9:
Train Affected Employees
Deadline: Complete within 90 days of determination that
relevant Action Level is exceeded. Repeat every 3 years.
Requirements: Train current employees in problem job, and
their supervisors and team leaders.
Step
10: Implement
Permanent Controls
Deadline: Complete within later of: a) 2 years of
determination that relevant Action Level is exceeded; and b)
1/18/05.
Requirements: Implement permanent engineering, work practice
or administrative controls (or PPE where no others are
feasible) to control (exposures to) MSD hazards for the
problem job so that they: a) are no longer likely to cause
MSDs requiring work restrictions or medical treatment; b) are
at levels below those specified by the OSHA-approved
safe harbor hazard identification tools (e.g., NIOSH
lifting equation, Snook Push/Pull Tables) in Appendix D; or c)
if neither a nor b is feasible, are reduced to the
extent feasible with the obligation to re-assess for further
feasible controls every 3 years until a or b is
achieved. Maintain record of control measures.
Limitations: The employers obligation is limited to the
site where the triggering MSD incident occurred. The
employer may determine that the MSD hazard poses a risk only
to the injured employee and limit the job controls,
training and evaluation of controls for that job to that
employee.
Step
11:
Program Evaluation
Deadline: Complete within 3 years of determination that
relevant Action Level is exceeded. Repeat every 3 years.
Requirements: Implement comprehensive program evaluation and
correct any deficiencies. Maintain record of program
evaluation.
MISCELLANEOUS REQUIREMENTS AND COMPLIANCE OPTIONS
Retention
Periods
Employee reports and employer responses: 3 years
Work restrictions and time off: 3years
HCP Opinion: duration of employment plus 3 years
Job hazard analyses: earlier of 3 years or update
Control measures: earlier of 3 years or update
Ergonomics program evaluation: earlier of 3 years or update
Required
Access
All required records but HCP opinion: employees, employee
representatives, OSHA and NIOSH.7
HCP opinion: affected employee, holder of employees written
consent OSHA and NIOSH per written access order.8
Quick
Fix Option
Instead
of setting up a full ergonomics program, the quick fix option
permits the employer to implement a limited program involving
MSD management, job hazard analysis, and hazard control and
evaluation. This option is only available if, within the last
18 months: (1) no more than one prior MSD incident has
occurred in the problem job; and (2) there have been no more
than two prior MSD incidents in the entire workplace. In
addition, the problem job must be fixed within 90 days of
determining that the Action Level is exceeded.
Existing
Program Grandfathered
The
employer may continue its existing program if it: 1)
implemented all of the core elements before 11/14/00; 2)
completed a review of the program elements and program
effectiveness before 1/16/01 (it is not clear whether
completing a review includes completing the correction of
identified deficiencies); and 3) fully complies with the MSD
management provisions of the standard by 1/16/02. This option
appears largely illusory because we believe OSHA would judge
compliance with the core elements based largely on how closely
the employers program matches the more detailed
requirements of the full standard. However, that determination
is probably better made through a side-by-side comparison
between your existing program, assuming OSHA would find it
effective, and what the final standard would otherwise
require. Technically, a grandfathered program is subject to a
compliance inspection on or after 1/16/01. You should assume
the employer has the burden of proving that it qualifies for
this exemption, and that it would have to be able to make that
proof at any future time, which could be many years into the
future. Finally, a grandfathered program would appear to have
an extra two months to implement WRP.
Business planning issues:
Should I take advantage of the
grandfather provision?
Should I use the
non-mandatory Appendix B or develop my own approach
(e.g., content, standalone v. part of broader training) in
providing MSD information?
What should I do prior to 10/15/01
to ensure Phase II compliance? Primary factors include how far
along the existing program is toward compliance, the
historical and projected frequency of problem jobs, and the
availability of resources and ability to respond in short time
frame.
Should I provide the more in-depth
ergonomics training to all employees at the site, or all
employees likely to be involved in problem jobs before a
triggering event, or should I train employees only when
required by the standard? At a site with a significant number
of employees likely to be in problem jobs, the
train-as-required approach, with its relatively short
compliance deadlines, could leave the employer looking like a
cat chasing its tail.
Which of the OSHA approved
analytical tools, if any, are appropriate for the jobs at my
site? If I use the NIOSH Lifting Equation, will OSHA say the
maximum permissible lift is the Recommended Weight Limit
(RWL)?, 1.5 x RWL?, 2 x RWL? Do I need outside expertise to
make these decisions?
With regard to resources, please
consider the following:
OSHAs Estimate of The
number of MSD Incidents
Based on the BLS data, OSHA says there are over 600,000 lost workday (LWD)
MSDs per year in the United States. OSHA estimates there are
approximately twice as many non LWD cases per year
(approximately 1.2 million), many of which OSHA believes would
qualify as persistent symptom cases. OSHA also asserts that
only half of the recordable MSD cases are recorded. OSHA
concludes that MSD incident cases will be recorded (and
reported to BLS) at a rate 50% higher than current MSD rates.
Estimate of the Number of
MSD Reports and Responses
If, for purposes of discussion only, one were to accept OSHAs
estimates, there would be over 900,000 LWD MSDs and 1.8
million non LWD MSDs per year. At a minimum, that could
trigger 2.7 million employee reports and 2.7 million employer
responses, an average of 7,400 per day across the United
States.
Estimate of MSD Incidents,
Action Trigger Cases and Problem Jobs
OSHA has estimated that employers will be required to fix almost SEVEN
MILLION jobs in the first year the standard is in place.
65 Fed. Reg. 68772, col. 3. That works out to an average of
approximately 19,000 jobs per day beginning on October
15, 2001. We would not even attempt to guess at how many
employers might be affected. Under any scenario, there
certainly would seem to be a question as to whether there are
enough in-house and outside consulting resources (especially
within the OSHAsupported state consultation services) to
service the potential groundswell of demand for ergonomics
expertise across the United States on or about 10/15/01 in
time to meet the short compliance deadlines under the
Standard.
Names
in the News
Duke Energy promotes executives
Robert P. Brace was named executive vice president and CFO at Duke Energy. In other executive changes at
Duke, Sandra Meyer was promoted to senior vice
president and corporate controller at the holding company.
Brace, 50, joins Duke from British Telecommunications plc (BT)
in London, England, where he served as group finance director.
Brace fills the position that opened in May when Richard J.
Osborne was appointed Dukes chief risk officer. As CFO,
Brace will be responsibile for all corporate finance,
accounting, tax and investor relations functions. Brace joined
BT as finance director for BT UK in 1989, and later was named
group controller. He was promoted to group finance director
and appointed to the companys board in 1993. Meyer joined
Duke in 1976 and held several accounting positions with
various Duke subsidiaries. In other appointments, Chris
Rolfe was promoted to senior vice president of human
resources, Cary Flynn was promoted to senior vice
president of corporate tax, Sue Becht was promoted to
senior vice president of investor relations, and Roberta
Bowman was promoted to senior vice president of public
affairs. Also, Jeff Triplette was promoted to vice
president of insurance
Carlisle takes job as head of Economic Opportunity Fund
State Commerce Secretary Rick Carlisle said he will become the
managing general partner and CEO of the N.C. Economic
Opportunity Fund, an outgrowth of the Rural Prosperity Task
Force's recommendations to strengthen rural North Carolina.
The private, for-profit fund will use $40 million from private
institutional investors and possible additional state monies
to leverage more than $100 million to serve start-up and
expanding businesses in the state's rural areas. The Economic Opportunity Fund will focus primarily on financing
small companies with potential for rapid growth located in
rural areas. With current funding, Carlisle expects to invest
in 40-65 companies over the next 10 years with funding levels
ranging from $500,000 to $5 million.
The
fund will partner with the Kenan-Flagler School of Business
and the Frank Hawkins Kenan Institute of Private Enterprise to
bring the school's expertise to rural businesses. Carlisle
will also assume an adjunct faculty position at the school.
N.C. State salutes NCCBI
NCCBI
President Phil Kirk received an award for the business
community's leadership in the successful $3.1 billion bond
campaign for community colleges and UNC at the first
groundbreaking for a building partially financed with bond
money. The occasion was the Dec. 20 groundbreaking for the
Ruby C. McSwain Education Center at the J.C. Raulston
Arboretum at N.C. State University. Chancellor Mary Anne
Fox credited the business community for its lobbying
leadership and for organizing the successful campaign through
the North Carolinians for Educational Opportunity. Kirk
thanked the audience for its support for "the biggest
higher education bond package in the history of the United
States." Mrs. Ruby McSwain of Sanford and J.
Willie York of Raleigh made seven- and six-figure gifts,
respectively, to the new facility. Bond money of $500,000 will
be supplemented by additional private contributions.
NCCBI
President Phil Kirk has been named an honorary director
of the North Carolina Council on Economic Education. He is the
fourth person to receive this designation, joining John
Medlin, Sherwood Smith and Gov. Jim Martin.
The council promotes economic literacy throughout the state,
with an emphasis on K-12 students.
Philanthropy
Blue Cross backs Smart Start
Blue
Cross and Blue Shield of N.C. will partner with Smart
Start in a yearlong statewide campaign to raise
awareness of local Smart Start resources available to help
NCs children enter school healthy and ready to succeed. The
insurer donated $1.2 million toward the campaign, which will
hinge on a series of one-minute television segments entitled
Building Brighter Futures. The segments will begin airing this
month and will address topics ranging from playground safety
to dental care. BCBSNC is the campaigns sole largest
corporate sponsor and this contribution is the largest
single-year contribution ever made to Smart Start. The total
campaigns estimated value is almost $3 million, including
matching contributions by broadcasters from across the state,
the Partnership for Children and local Smart Start
partnerships.
CP&L gives $900,000 to UNC-W
The CP&L Foundation has honored two former members of the
utility's board of directors, Daniel D. Cameron and Gordon
C.Hurlbert, with a gift of $900,000 to the Cameron School
of Business at UNC-Wilmington. The CP&L gift establish a
development fund and endow two professorships in the business
school. The Gordon C. Hurlbert Endowment will support a
professorship in information systems. The Betty H. Cameron
Professorship, named for Mr. Cameron's wife, will support
hiring a distinguished faculty in entrepreneur studies. The
Pat Moran Hurlbert Development Fund, named for Mr. Hurlbertıs
wife, will use $233,333 of this gift to endow a faculty
development fund.
Thrift honored for work with Smart Start
Ashley
O. Thrift has
received North Carolina's highest civilian honor, the Order of
the Long Leaf Pine, for his work as chairman of the North
Carolina Partnership for Children. Thrift is a partner with
the law firm of Womble Carlyle Sandridge & Rice, PLLC in
Winston-Salem. He began his work with Smart Start in 1993 as
co-chair of the Forsyth Early Childhood Partnership and became
chairman of the North Carolina Partnership for Children board
in 1996. Gov. Jim Hunt presented Thrift with this honor during
a ceremony at the North Carolina Partnership for Children
office in Raleigh, where Thrift was joined by his wife, Dr.
Julianne Still Thrift, and daughter, Laura.
Work First Council applauds NCCBI
NCCBI
received recognition for its cooperative efforts with the Governor's
Work First Business Council at the group's Dec. 11
meeting. Gov. Jim Hunt saluted the business community
for hiring 15,840 Work First welfare clients. NCCBI members
have been active in this effort. Dr. Bill Atkinson, CEO
of New Hanover Regional Medical Center, chairs the council and
Sen. Jim Broyhill is the honorary chair. NCCBI
President Phil Kirk is a member of the council. The
council has worked with many NCCBI members, including local
chambers of commerce in working to place welfare clients onto
permanent jobs. Polly Hathaway, director of the Work
First Business Council, is leaving to go to work as program
manager for corporate contributions for Blue Cross and Blue
Shield of North Carolina.
The NCCBI Master Calendar of Upcoming Events
JANUARY
|
25
|
Thursday
|
6
p.m. - 7 p.m.
|
Membership
Reception, Winston-Salem area
|
26
|
Friday
|
10
a.m. - 1 p.m.
|
Environmental
Concerns Committee
Capital City Club, Raleigh
|
FEBRUARY
|
1
|
Thursday
|
11:00
a.m. - 2:00 p.m.
|
Council
of Local Chambers
NCCBI board room, Raleigh
|
15
|
Thursday
|
6
p.m. - 7:30 p.m.
|
Membership
Reception
White Oaks in Charlotte
|
21
|
Wednesday
|
5:30
p.m. - 7:00 p.m.
|
NCCBI
Legislative Reception
Capital City Club, Raleigh
|
22
|
Thursday
|
8:45
a.m. - 2:00 p.m.
|
NCCBI's
Legislative Conference
NCSU McKimmon Center, Raleigh
|
23
|
Friday
|
10
a.m. - 1 p.m.
|
Environmental
Concerns Committee
Capital City Club, Raleigh
|
MARCH
|
21
|
Wednesday
|
|
Small
Business Advisory Board
Raleigh Convention & Conference Center
|
21
|
Wednesday
|
|
NCCBI
Annual Meeting
NCCBI Board of Directors Meeting
Raleigh Convention & Conference Center
|
21
|
Wednesday
|
9:45
a.m. - 11:45 a.m.
|
Young
Executives Forum
Raleigh Convention & Conference Center
|
23
|
Friday
|
10
a.m. - 1 p.m.
|
Environmental
Concerns Committee
Capital City Club, Raleigh
|
THIS IS THE END OF THE FAX/PRINTOUT VERSION
OF THE JANUARY FOR MEMBERS ONLY NEWSLETTER
|