The Division of Occupational Safety and Health of the North Carolina Department of Labor investigates all work-related fatalities arising under circumstances over which the State program has jurisdiction.  The North Carolina Department of Labor does not have jurisdiction over federal employees, maritime operations, work on military sites and other federal property, and Indian reservations.  The purpose of fatality investigations is to determine the cause of the fatal accident, whether a recognized hazard existed in violation of an express OSHA standard that caused the fatality, and what action might be taken by the employer to prevent a similar fatal accident from occurring in the future.

In fiscal year 2007, the North Carolina Department of Labor investigated 54 fatalities, a substantial reduction in the 91 fatality inspections which occurred in fiscal year 2006.  The majority of fatal accidents (24) occurred in the construction industry, while manufacturing facilities placed second (13 fatalities).

A statistical analysis of the 54 investigations undertaken in fiscal year 2007 shows the following.

1. February and March tied as the deadliest month (7 fatalities each).

2. Tuesday was the deadliest day of the week (17 fatalities).

3. The leading cause of fatalities was being “crushed by an object” (22 fatalities).

4. Falls, historically the leading cause of death, fell to third highest fatality cause with 8 instances, a reduction from 23 fatalities in 2006.

5. The number of Hispanic workers killed on the job in 2007 was reduced to 8 as compared to the 18 fatalities in 2006.

The North Carolina Department of Labor’s Division of Occupational Safety and Health has placed emphasis on the construction and logging industries over the past 10 years.  The result of this emphasis can be seen in the decline in fatalities in both industries.  For example, there were 16 logging related fatalities in 1997, but only 1 in 2007.  In the construction industry, there were 32 fatalities in 1998, which fell to 24 by 2007.  Additionally, an emphasis on training and use of fall protection equipment has resulted in a substantial reduction in fall-related deaths.  Further, a concerted effort at Hispanic outreach has seen a reduction in deaths of Hispanic workers from a high of 18 in 2006 to 8 fatalities in 2007.

Employers, particularly in the construction, manufacturing and logging industries, need to maintain vigilance with respect to the development, implementation and enforcement of comprehensive safety plans resigned to protect the health and lives of their workforce.  As the Hispanic population grows in the State’s workforce, there must be an emphasis on training of these workers, including the increased utilization of Spanish-speaking safety officers and project foremen.  A safe workplace is an efficient workplace with savings to management in the form of reduced days lost, delays in production or increased insurance premiums.  An aggressive company-sponsored safety program is one of the most effective cost-control and employee relation tools available.  Failure to maintain a safe workplace can give rise to employee and worker discontent with associated negative effect in the overall profitability of operations.

If you have any questions about your company’s rights or obligations under the OSHA regulations, please contact Tom Davis at 919.783.2816 or tdavis@poynerspruill.com or Susie Gibbons at 919.783.2813 or sgibbons@poynerspruill.com.